Brentwood City Council
July 28, 2026

STATE OF CALIFORNIA

FAIR POLITICAL PRACTICES COMMISSION
1102 Q Street • Suite 3050 • Sacramento, CA 95811
February 10, 2026
Patanisha Pierson
Via email: [email protected]
Re: FPPC Complaint No. COM-02102026-00408; Patanisha Pierson Dear Patanisha Pierson:

The Enforcement Division of the Fair Political Practices Commission enforces the provisions of the Political Reform Act (the “Act”).1 The Enforcement Division received an anonymous complaint alleging that you may have violated the Act’s conflict of interest provisions.

The complainant alleges:

Conflict of Interest
The Vice Mayor is a member of the local Chamber of Commerce and owns and operates a private business that receives economic benefits from that membership, including increased visibility, networking opportunities, and potential client development. As a result, the Vice Mayor has a financial interest in the Chamber of Commerce within the meaning of Government Code section 87100.

In her official capacity as Vice Mayor, she has participated in governmental decisions involving the Chamber of Commerce, including matters related to the allocation or approval of grants and other public benefits. These decisions had a reasonably foreseeable material financial effect on the Chamber of Commerce and on the Vice Mayor’s private business interests.

Despite this financial interest, the Vice Mayor did not disqualify herself from participating in these decisions. Her participation created a conflict of interest in violation of Government Code section 87100.

At this time, we have not made any determination about the allegations made in the complaint.

We are requesting information, including documentation, about the allegations described above.

Please submit your response in writing within 14 days from the date of this letter to Vanessa Greer at [email protected]. Upon receipt of your response, we will review the information to determine whether or not to investigate the allegations. 1 The Political Reform Act is contained in Government Code sections 81000 through 91014, and all statutory references are to this code. The regulations of the Fair Political Practices Commission are contained in Sections 18104 through 18998 of Title 2 of the California Code of Regulations, and all regulatory references are to this source.

FPPC Complaint No. COM-02102026-00408
Sincerely,
Christopher Burton
Christopher Burton
Assistant Chief, Enforcement Division
CB: vg

COMPLAINT RECEIVED
The Enforcement Division of the Fair Political Practices Commission received the enclosed complaint, COM-06172025-01790, on 6/17/2025 4:38:00 PM. The information filed in the complaint is below and any attachments filed will be included.

The following individuals are the named parties in this complaint:

Tony Oerlemans
Respondent
The Violations alleged are:

Conflict of Interest
General Rule (87100)
As reported in the news recently, the June 10th meeting of City Council includes the Design Review item for the Fire Station 94 application. When previously denied by the Planning Commission on May 13th, Commissioner Jones actively recused as a result of the proximity of a local building associated with his primary income. Although there was no FPPC ruling, the precedent of proximity related to financial interests stands for places of business, home ownership, and other forms of direct income.

Councilman Oerlemans currently receives a pension from the City of Brentwood for his time as a Brentwood Police Officer. This is a substantial pension (see below) based on his many years of service to the community. Since the City of Brentwood pays into these pension obligations and the approvals are done at City Hall (150 City Park Way), this is within the 500 ft. radius of the proposed Fire Station 94 location (as per the GIS property line calculation). Whether a private corporation or a public entity, the same standard should be applied to conflicts arising from primary sources of income.

In addition, his comments regarding his call for review of the item already demonstrate his bias; in addition to Supervisor Burgis' comments indicating his motivations:On top of that, she has claimed that three council members have already decided to vote yes on this item.

Burgis Quote: "Thankfully, Councilmember Tony Oerlemans has filed an appeal to put a stop to this madness, and the City Council is scheduled to decide the matter once and for all on June 10." https://www.thepress.net/opinion/planning-commission-s-recklessdecision-jeopardizes-fire-safety/article_7550d606-2100-45df-84dc-b05acbb69598.html On his own, Councilman Oerlemans has been quoted as saying, "I'm not 100% set (the fire station) has to be downtown, but if that's where the fire department plans on building it, and if it's going to get delayed to move to a different location, I would prefer not to wait."

https://www.eastbaytimes.com/2025/05/22/brentwood-city-council-to-discuss-rejecteddowntown-fire-station-next-month/ "I don't think the residents of Brentwood should have to suffer for another two or three years without an additional fire station."
https://www.eastbaytimes.com/2025/05/22/brentwood-city-council-to-discuss-rejecteddowntown-fire-station-next-month/ To keep the discussion clean, fair, and balanced, it is imperative that Councilman Oerlemans recuse himself in order to preserve the validity of the City Council item's process.

Councilman Oerlemans had decided on the Fire Station approval before the meeting had ever began.

COMPLAINT RECEIVED
The Enforcement Division of the Fair Political Practices Commission received the enclosed complaint, COM-05302025-01476, on 5/30/2025 11:27:00 AM. The information filed in the complaint is below and any attachments filed will be included.

The following individuals are the named parties in this complaint:

Patanisha Davis Pierson
Respondent
The Violations alleged are:

Conflict of Interest
87306.5 - Conflict of Interest Code; Local
I am writing to formally submit a complaint concerning a serious potential conflict of interest involving Vice Mayor Patanisha Pierson. Ms. Pierson, an attorney at law, appears to have used her professional knowledge and public position to advance a zoning amendment that may result in financial gain for one of her private clients.

At the January 28, 2025, Brentwood City Council meeting, Vice Mayor Pierson, alongside Council Member Oerlemans, requested an amendment to the Downtown Specific Plan to allow tattoo shops. This request, as publicly stated, would alter existing zoning regulations within the downtown core.

As an attorney at law, Ms. Pierson is held to high standards of ethical conduct and has a duty to avoid situations where her professional obligations or financial interests intersect improperly with her public responsibilities. By leveraging her legal expertise and position on the Council to initiate a zoning amendment that directly benefits her client, Ms.

Pierson appears to have used her public office for private gain.

It has come to light that one of Ms. Pierson’s legal clients (owner of the real estate in discussion) stands to directly benefit from this zoning change. Rather than transparently disclose or recuse herself from this matter, Ms. Pierson broadened the scope of the amendment to apply to the entire downtown area—effectively diluting the appearance of favoritism while still enabling the intended benefit to her client. This maneuver represents a concerning circumvention of ethical standards expected from public officials, particularly those who also hold licenses to practice law.

Of further note, Ms. Pierson previously recused herself from a city business grant discussion when her client was under consideration, demonstrating her awareness of ethical obligations regarding conflicts of interest. Her failure to recuse herself in this zoning matter suggests a troubling inconsistency and raises concerns about selective adherence to ethics rules.

I respectfully urge this body and the appropriate ethics oversight organizations to review this matter, including:
• The nature and extent of Vice Mayor Pierson’s professional relationship with the client in question
• Whether the zoning amendment was pursued to directly benefit said client

• Whether all relevant conflict-of-interest disclosures were made in accordance with state and municipal ethics laws
In summary, Vice Mayor Pierson appears to have leveraged her public office and legal expertise to pursue a policy change that could financially benefit her client, while taking deliberate steps to obscure the direct connection. This conduct merits a thorough investigation to ensure public trust is maintained and the City's ethics policies are upheld.

The residents of Brentwood deserve elected officials who serve the public interest without personal or professional entanglements. I trust that this body will treat this matter with the seriousness it merits.

I respectfully request that this matter be formally reviewed, and appropriate action taken in accordance with the applicable code of conduct and any relevant conflict of interest or ethics laws.

Video of the January 28, 2025 meeting : https://pubbrentwood.escribemeetings.com/Players/ISIStandAlonePlayer.aspx?Id=5b90a671-2a9a432b-bd6f-3149ef11cea3. Item is discussed starting minute 1:42:00.

Video of the May 27, 2025 meeting : https://pubbrentwood.escribemeetings.com/Players/ISIStandAlonePlayer.aspx?Id=8bcdf598-a8f3- 44f7-afd1-5cfaa8496385 . Item is discussed starting minute 1:56:00.

CITY COUNCIL AGENDA ITEM NO. G.2
05/27/2025
SUBJECT: Additional consideration of whether tattoo studios should be allowed in the Downtown
DEPARTMENT: Community Development
STAFF: Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
Provide direction to staff regarding whether an amendment to the Downtown Specific Plan (DSP) should be processed to allow tattoo studios and, if so, any requirements that should be placed on them.

FISCAL IMPACT
There is no fiscal impact to amending the DSP, other than the time spent for staff to process it.

BACKGROUND
The Downtown Specific Plan was originally adopted by the City Council on November 16, 2005. As noted in the beginning of the document:

The Downtown Specific Plan is established to coordinate public and private investment in the City’s Downtown District to fulfill the community’s intention for the Downtown to remain the heart of the Brentwood community as the City goes through a period of explosive growth and change. It is both a policy document and an implementation tool, in that it contains both a strategy to manage growth and a regulatory policy to guide and govern future development within the Plan area.

The land use map for the Downtown in the DSP was divided into six district zones, each of which had its own list of permitted and conditionally permitted uses, as well as development standards.

The DSP has been amended four times over the years, as follows:

1. August 26, 2008 to accommodate the Civic Center project

CITY COUNCIL AGENDA ITEM NO. G.2
05/27/2025

2. June 24, 2014 to address a City Council strategic initiative that included, among other things, identifying prohibited uses or uses of particular concern (e.g., tattoo parlors) for the first time in the document

3. September 13, 2016 to accommodate the library project

4. September 26, 2017 to suspend in-lieu parking fees and parking requirements for non-residential projects
Since 2017, questions have arisen as to whether the DSP should be amended and, if so, in what manner. One of these inquiries has concerned whether the City Council would consider revising the document to allow tattoo studios, which are currently prohibited, to locate Downtown.

January 28, 2025 City Council Meeting
On January 28, 2025, Vice Mayor Pierson and Council Member Oerlemans brought forth a future agenda item request to the City Council. A total of 43 written comments were submitted by e-mail before the meeting, with 42 of those in support of allowing tattoo studios in the Downtown. During public comment at the meeting, there were a total of seven speakers, with six in support and one urging careful consideration before amending the DSP. This led to a lengthy discussion by the City Council. While there was a clear level of support for a straightforward amendment to allow tattoo studios, several questions and concerns were also raised, summarized as follows:
 Are tattoo studios the highest and best use for the Downtown, given the desire for more entertainment and retail uses?
 Would a comprehensive update to the Downtown Specific Plan be a better option to determine if tattoo studios are indeed appropriate?  Would the City potentially be taking property and/or space away from other businesses that may be a better fit for the Downtown?
 If tattoo studios are indeed allowed, should they be regulated with some sort of cap or potentially limited through spacing requirements?  What are the economic development impacts as a whole of allowing tattoo studios in the Downtown?
 How does the community (Downtown Brentwood Coalition (DBC), other businesses in the Downtown, and residents) feel about allowing tattoo studios? Ultimately, the City Council unanimously adopted a motion to have staff spend time and resources on this item and bring it back for additional consideration. The motion included direction for staff to provide background information on the pros and cons of allowing tattoo studios in the Downtown, specifically as it relates to economic development impacts, as well as potential legal implications.

CITY COUNCIL AGENDA ITEM NO. G.2
05/27/2025

ANALYSIS
Economic Development Impacts
The opening of a new tattoo studio can have several economic impacts. It creates local job opportunities for tattoo artists, receptionists, and support staff, contributing to employment in the area. The studio is likely to attract both regular clients and walk-in customers, increasing foot traffic and benefiting nearby businesses such as cafes, retail shops, and salons.

The rate of daily client turnover (i.e., the number of clients served each day) depends on the number of tattoo artists working at the studio. While tattoo studios typically serve fewer clients per day than salons, they are often categorized as having a similar economic impact. On average, a tattoo studio serves between 5 and 10 clients per day per artist, depending on the size and complexity of the tattoos being done.

Tattoo studios generate minimal sales tax revenue, as tattooing services are not subject to sales tax in California. The only sales tax revenue comes from the sale of retail products, merchandise, or if the studio operates a store alongside its services.

Potential Legal Implications
The Ninth Circuit Court of Appeals has held that tattooing is “purely expressive activity fully protected by the First Amendment.” (Anderson v. City of Hermosa Beach (9th Cir. 2010) 621 F.3d 1051.) This does not mean that the City cannot regulate tattoo uses; it means that any such regulations must constitute reasonable “time, place, and manner” restrictions. (Anderson, at 1055.) As the court noted:

This determination requires an inquiry into whether the restriction: (1) is ‘justified without reference to the content of the regulated speech’; (2) is ‘narrowly tailored to serve a significant governmental interest’; and (3) ‘leave[s] open ample alternative channels for communication of the information.’
(Anderson, at 1064.) If the City Council is considering directing staff to amend the Downtown Specific Plan to include tattoo uses within its boundaries, staff recommends that staff time and resources be spent on identifying appropriate time, place, and manner restrictions for future City Council consideration.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. G.2
05/27/2025

PREVIOUS ACTION
See Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
If the City Council elects to move forward with an amendment to the Downtown Specific Plan, there is no CEQA determination that needs to be made at this time.

The proper level of CEQA review will be determined by staff during the processing of the amendment, but it is not; however, expected to be extensive.

ATTACHMENT

1. Previous Actions

JANUARY 28, 2025, 7:00 PM

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

HOW PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chambers.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chambers will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE (if enabled): Remarks by members of the public participating via Zoom are limited to speaking on items listed under public hearings; business items; and requests for future agendas items, existing requests. Zoom participation during the general public comment period will not be accepted, except in the event a City Council Member is participating remotely under the provisions of Government Code § 54953 (f). a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)

3. E-MAIL
a. Public comments can also be submitted via e-mail to [email protected].

Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council via email before the meeting,

2. posted online for public inspection at www.brentwoodca.gov/meetings and

3. later summarized in the meeting minutes.
b. As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.

4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov or via the City’s YouTube Channel: https://www.youtube.com/c/cityofbrentwoodca

CITY COUNCIL/SUCCESSOR AGENCY AGENDA
Zoom Webinar ID: 760 1397 0037

January 28, 2025, 7:00 p.m.

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

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

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

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

D. PRESENTATIONS
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 A Proclamation Recognizing February as Black History Month F.2 A Proclamation Recognizing February as National Cancer Prevention Month F.3 A Proclamation Recognizing February as American Heart Month

F.4 Authorizing the Execution of Agreements and Necessary Documents, for Ongoing and/or Recurring Purchases with Specified Vendors for Fiscal Year 2024/25 Title/Recommendation
Adopt a joint Resolution approving and authorizing the City Manager or City Attorney and Executive Director or General Counsel, or designees, as appropriate, to execute certain agreements, amendments, purchase orders and/or change orders that have anticipated spending over $50,000 (City Manager and Executive Director) and $75,000 (City Attorney and General Counsel, limited to legal services and personnel investigative services) for Fiscal Year 2024/25, after approval as to form by the City Attorney or General Counsel.

F.5 Execute a Professional Services Agreement with Maze & Associates as the City’s independent external audit firm for the fiscal years ending June 30, 2025 and June 30, 2026
Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute a Professional Services Agreement with Maze & Associates as the City’s independent external audit firm for audit services for the fiscal years ending June 30, 2025 through June 30, 2026 in an amount not to exceed $177,245, with an option to execute amendments for audit services for up to three additional fiscal years in an additional amount not to exceed $269,431 upon satisfactory completion of the services. If extensions are executed, the total not to exceed contract amount would be $446,676 over five years.

F.6 Consideration of an Arts Commission recommendation to appoint Maria Denney as the City of Brentwood’s Poet Laureate for a two year term beginning February 3, 2025 Title/Recommendation
Consider the Arts Commission’s recommendation of Maria Denney as the City of Brentwood’s Poet Laureate for a two year term beginning on February 3, 2025 and concluding on December 31, 2026.

F.7 Purchase one new replacement street sweeper and one new medium duty F650 dump truck and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $515,900; and amend the FY 2024/25 Operating Budget Title/Recommendation
Adopt a Resolution approving the purchase of one new replacement Schwarze A9 Monsoon street sweeper for $397,200 from Municipal Maintenance Equipment, Inc. in Sacramento, CA for the Streets Maintenance Division and one new medium duty Ford F650 dump truck for $118,700 from Mission Valley Ford in San Jose, CA, for the Wastewater Division; authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $515,900; and amending the 2024/25 Vehicle and Equipment Replacement Fund Operating Budget by $61,713.

F.8 An Ordinance amending Title 16 (Subdivisions and Land Development) of the Brentwood Municipal Code, consistent with the provisions of State law (Senate Bills 684 and 1123) Title/Recommendation
Second reading and adoption of Ordinance No. 1082 (1) amending Brentwood Municipal Code (BMC) Sections 16.020.030, 16.020.050, and 16.020.060; and (2) adding BMC Chapter 16.190. The Ordinance would update and streamline the City’s existing Subdivision Ordinance to comply with recent State law requiring local jurisdictions to provide a ministerial review process for certain subdivisions and housing developments on multi-family and single-family lots that meet specific eligibility requirements.

Adoption of the Ordinance is not an action subject to the California Environmental Quality Act (CEQA), as it has no potential for resulting in a physical change to the environment (14 Cal. Code. Regs. § 15358). Further, Government Code Sections 65852.28(e), 65913.4.5(b), and 66499.41(i) state that an ordinance adopted by a local agency to implement the streamlined ministerial approval requirements of SB 684 is not considered a project under CEQA.

F.9 Second reading of an amendment to the Brentwood Municipal Code to update Chapter

5.68 (Mobile Vending) and an amendment to Chapter 17.850 (Temporary Use Permits) Title/Recommendation
Waive the second reading of and adopt Ordinance 1080 (BMC 5.68) and Ordinance No. 1081 (BMC 17.850), approving the following:

1. An ordinance approving an amendment to Brentwood Municipal Code Chapter 5.68 (Mobile Vending) to establish new mobile vending regulations.

2. An ordinance approving an amendment (Rezone No. 24-005) to Brentwood Municipal Code Chapter 17.850 Temporary Use Permits to add regulations related to Long-Term Mobile Vending Facilities and Commissaries.

These two ordinances and text amendments are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as they are not a “project” and have no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, the Ordinances are exempt from CEQA as there is no possibility that either Ordinance or their implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3).

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 A zoning text amendment (RZ 24-009) to various sections of the Brentwood Municipal Code, including amending Section 17.030.030, repealing Section 17.100.005, adding Chapter 17.715, and amending Article VIII in compliance with State planning law Title/Recommendation
Adopt an ordinance approving a zoning text amendment (RZ 24-009) to various sections of the Brentwood Municipal Code for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), in compliance with State planning law.

Adoption of the ordinance, which would modify the City’s existing regulatory requirements to be consistent with Article 2, Chapter 13, Division 1, Title 7 of the California Government Code and Article 3 Chapter 13 Division 1 Title 7 of the California Government Code, is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 21080.17 of the Public Resources Code and Section 15282 of the CEQA Guidelines. In addition, amendments to conform to Section 65852.27 of the California Government Code are exempt under the “common sense” exemption, found at CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that adoption of the amendments will have a significant effect on the environment, in that ADUs permitted under the ordinance incorporating these statutory sections will be permitted by state statute regardless of the adoption of the local ordinance.

H. BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.

H.1 2024/25 Mid-year Operating Budget Amendments, Approval of one new full-time position and ten-year General Fund Fiscal Model update
Title/Recommendation
Staff recommends the City Council adopt a resolution (1) amending the 2024/25 Operating Budget and (2) approving the addition of one (1) new full-time Recreation Coordinator I/II position, to be filled on or after April 1, 2025; and receive an update of the ten-year General Fund Fiscal Model.

H.2 Award of Construction Contract for Public Art Spaces: Fields of Time, CIP Project No. 337- 37244; amend the FY 2024/25 – 2028/29 Capital Improvement Program; and amend the FY 2024/25 Operating Budget
Title/Recommendation
Staff requests the City Council 1) approve the contract documents, award the bid, and authorize the City Manager or designee to execute a construction contract and necessary documents for the Public Art Spaces: Fields of Time (“FOT”) Project, CIP Project No. 337- 37244, to MARC Builders LLC dba MARC Engineering as the lowest bidder in the amount of $79,942, plus funding authorization for a 10% contingency amount of $7,994 for additional services, for a total authorization not to exceed amount of $87,936, 2) amend the FY 2024/25 – 2028/29 Capital Improvement Program for the Public Art Spaces CIP Project No. 337-37244 (“Project” or “Public Art Spaces Project”); and 3) amend the FY 2024/25 Operating Budget for the associated funding transfers.

I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 Consider a request from Council Member Mendoza requesting an update on the wall located in Summerset
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza requesting an update on the status of improvements to a wall located in Summerset at Balfour Road and Fairview Avenue.

J.2 Consider a request from Council Member Mendoza requesting an update on the Vineyard Parkway traffic study
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza requesting an update from staff regarding the status on the Vineyard Parkway traffic study.

J.3 Consider a request from Council Member Mendoza requesting an update on the Town Hall on Business Permitting and License Efficiencies
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza requesting an update on the status of the town hall regarding a discussion on potential improvements to the permitting and business license process.

J.4 Consider a request from Council Member Mendoza requesting an update on the Vineyards at Marsh Creek Amphitheater
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza requesting an update regarding the Vineyards at Marsh Creek Event Center/ Amphitheater Phase I, CIP No. 337-37231.

J.5 Consider a request from Council Member Mendoza requesting a review of the Farmers Market configuration
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza requesting a review of the configuration of the Farmers Market, considering the advantages and disadvantages to the businesses in the downtown.

J.6 Consider a request from Council Member Mendoza requesting a review of the Public Information Officer position
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza requesting a review and possible reinstating of the Public Information Officer position.

J.7 Consider a request from Council Member Oerlemans and Vice Mayor Pierson requesting an amendment to the Downtown Specific Plan to allow tattoo shops Title/Recommendation
That the City Council consider and discuss the request from Council Member Oerlemans and Vice Mayor Pierson requesting a potential amendment to the Downtown Specific Plan to allow tattoo shops.

J.8 Consider a request from Council Member Maloney and Mayor Meyer requesting the City facilitate a Mental Wellness and Resilience Workshop with the Contra Costa Justice Center Title/Recommendation
That the City Council consider and discuss the request from Council Member Maloney and Mayor Meyer for the City to facilitate a mental wellness and resilience workshop with the Contra Costa Justice Center with Council Member Maloney serving as the Council liaison; covering topics of suicide prevention, mental wellness and mindfulness, and trauma and treatment.

J.9 Consider a request from Mayor Meyer requesting the City collaborate with the East Bay Regional Park District to repurpose the Flag Barn
Title/Recommendation
That the City Council consider and discuss the request from Mayor Meyer requesting a potential collaboration with the East Bay Regional Park District to repurpose the Flag Barn, currently located off Vasco Road, onto a public space.

K. 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 January 23, 2025, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

CITY COUNCIL AGENDA ITEM NO. F.4
01/28/2025
SUBJECT: Authorizing the Execution of Agreements and Necessary Documents, for Ongoing and/or Recurring Purchases with
Specified Vendors for Fiscal Year 2024/25
DEPARTMENT: Finance and Information Systems
STAFF: Kerry Breen, Director of Finance and Information Systems Michelle Inglis, Management Analyst

TITLE/RECOMMENDATION
Adopt a joint Resolution approving and authorizing the City Manager or City Attorney and Executive Director or General Counsel, or designees, as appropriate, to execute certain agreements, amendments, purchase orders and/or change orders that have anticipated spending over $50,000 (City Manager and Executive Director) and $75,000 (City Attorney and General Counsel, limited to legal services and personnel investigative services) for Fiscal Year 2024/25, after approval as to form by the City Attorney or General Counsel.

FISCAL IMPACT
This action does not amend the budget. Amounts listed within Exhibit “A” to the Resolution (Exhibit “A”) can only be expended if included within the adopted Fiscal Year 2024/25 – 2028/29 Capital Improvement Program Budget or the Fiscal Year 2024/25 – 2025/26 Operating Budget.

BACKGROUND
In non-emergency situations, City Council/Successor Agency Board approval is required for purchases of goods and/or services over $50,000, and in limited circumstances over $75,000, in a Fiscal Year. Section 12.2 of Council/Administrative Policy No. 10-7, Purchasing Policy (“Purchasing Policy”) streamlines the approval process by allowing staff to request approval for multiple vendors in a single staff report. This request is only made twice per year, in January and June, for ongoing or recurring purchases, as well as services from outside attorneys and law firms. This aggregated report reduces the number of staff reports that would otherwise be required to be approved by the City Council/Successor Agency Board for each

CITY COUNCIL AGENDA ITEM NO. F.4
01/28/2025
individual vendor. Staff have provided updated, estimated not-to-exceed amounts per vendor for the Fiscal Year in Exhibit “A”.

Some of the vendors are utilized Citywide for various needs, such as office supplies and hardware, building and electrical supplies, while others are utilized by a few departments or a single department. The vendors have been included in Exhibit “A” for the City Council/Successor Agency Board to consider approval of the updated, estimated dollar amount to be spent in Fiscal Year 2024/25. As the items within Exhibit “A” include “not-to-exceed” amounts based on staff’s projections for the year, funds might not be expended in their entirety.

In order to comply with the Purchasing Policy and to reduce the number of staff reports that would be required to be approved by the City Council or Successor Agency Board for each vendor, City staff have reviewed the list previously approved by City Council and the Successor Agency Board on June 25, 2024, and determined that adjustments are necessary, as additional goods and/or services are required for the remainder of the Fiscal Year compared to the previously approved request.

The new vendors requested are listed in detail in Exhibit “A”:

1. BayTel Communications, Inc.: The Finance and Information Systems Department submitted BayTel Communications, Inc., for general purpose low voltage cabling services for the not-to-exceed amount of $60,000 for Fiscal Year 2024/25.

2. Chaplin and Hill Investigative Services LLC: The Police Department submitted Amendment No. 1 with Chaplin and Hill Investigative Services LLC for investigative services for the not-to-exceed amount of $100,000 for Fiscal Year 2024/25.

3. Concord Softball Umpires: The Parks and Recreation Department submitted Amendment No. 1 with Concord Softball Umpires for sports officiating services to increase the not-to-exceed amount from $50,000 to $65,000 for Fiscal Year 2024/25.

4. Diablo Vista Vineyards LLC: The Parks and Recreation Department submitted Amendment No. 1 for a 3-year extension for vineyard maintenance and to increase the not-to-exceed amount from $26,431 to $52,862 for Fiscal Year 2024/25.

5. Environmental Systems Research Institute, Inc. (“Esri”): The Finance and Information Systems Department submitted Esri for an enterprise license agreement to expand the licensing for GIS software for the not-to-exceed amount of $70,000 for Fiscal Year 2024/25.

CITY COUNCIL AGENDA ITEM NO. F.4
01/28/2025

6. Lehr Auto Electric, Inc.: The Public Works Department submitted Lehr Auto Electric, Inc. for $5,000 for non-emergency lighting and supplies. The Police Department previously submitted not-to-exceed amounts of $150,000 approved via City Council Resolution 2024-82 and $155,984.05 approved via City Council Resolution 2024-107. The new not-to-exceed amount is $310,984.05 for Fiscal Year 2024/25.

7. Pacific Coast Sales & Service, Inc. dba Pacific Coast Trane Service: The Public Works Department submitted Pacific Coast Trane Service for preventative maintenance, inspection service, service and repair of HVAC systems and boilers with a not-to-exceed amount of $45,000, and Amendment No. 1 for $6,000 for a new not-to-exceed amount of $51,000 for Fiscal Year 2024/25.

8. Municipal Maintenance Equipment, Inc.: The Public Works Department submitted Municipal Maintenance Equipment, Inc. for miscellaneous parts and supplies for vehicles and equipment for a not-to-exceed amount of $67,000 for Fiscal Year 2024/25.

9. W.M. Lyles Co.: The Public Works Department submitted W.M. Lyles Co. for on-call SCADA services with a not-to-exceed amount of $49,500 and Amendment No. 1 for $50,000 for a new not-to-exceed amount of $99,500 for Fiscal Year 2024/25.

This agenda item does not amend the budget; rather, it authorizes the spending of the existing budget with the vendors and suppliers for the services and goods documented in this report.

Agreements, Amendments and Purchase Orders are not attached to this report. After reviewed and approved as to form by the City Attorney or General Counsel, the City Manager/Executive Director or City Attorney/General Counsel will execute the agreements and/or purchase orders.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. F.4
01/28/2025

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)

1. Adopt the joint resolution with changes as recommended by the City Council.

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

3. Do not adopt the joint resolution and request each contract be presented separately for City Council consideration at a future meeting.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Exhibit A

4. Tabulation of Bids

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

On January 14, 2014, the Successor Agency Board adopted Resolution No. 2014-01- SA, confirming that it would follow the same rules and procedures for Successor Agency administrative activities and operations as the City of Brentwood.

On September 27, 2022, the City Council waived the second reading and adopted Ordinance 1045 amending City Council/Administrative Policy No. 10-7, Purchasing Policy, to update the Types of Purchases Section to better clarify individual requirements for Types of Purchases and increase the Services up to $1,000 threshold to $1,500; update the Federal Procurement Section to more closely match the Public Contract Code, Code of Federal Regulations, and the Brentwood Municipal Code; clarify the Quotes Section to increase availability of goods and services while maintaining best pricing; update the Exceptions Section to facilitate mandatory payments to Federal, State, and Local Governments and add an additional exception.

On November 14, 2023, the City Council waived the second reading and adopted Ordinance No. 1064 amending City Council/Administrative Policy No. 10-13, Signature Authority Policy, to revise the signature authority of the City Attorney for legal service and personnel investigative service agreements from $50,000 to $75,000.

On June 25, 2024, by Resolution 2024-67 and 2024-03-SA, the City Council of the City of Brentwood and the Successor Agency Board approved and authorized the City Manager or City Attorney and Executive Director or General Counsel as appropriate, to execute agreements, purchase orders and/or change orders for ongoing and/or recurring purchases that have anticipated spending over $50,000 (City Manager and Executive Director) and $75,000 (City Attorney and General Counsel) for FY 2024/25, after approval as to form by the City Attorney or General Counsel, for the not-toexceed dollar amounts with specified vendors.

CITY COUNCIL RESOLUTION NO. 2025-
SUCCESSOR AGENCY RESOLUTION NO. 2025- -SA

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AND THE SUCCESSOR AGENCY BOARD

AUTHORIZING THE EXECUTION OF AGREEMENTS AND

NECESSARY DOCUMENTS FOR ONGOING AND/OR RECURRING

PURCHASES WITH SPECIFIED VENDORS THAT HAVE
ANTICIPATED SPENDING OVER $50,000 TO THE CITY MANAGER
AND EXECUTIVE DIRECTOR AND $75,000, WITH LIMITATIONS,
TO THE CITY ATTORNEY OR GENERAL COUNSEL FOR FY 2024/25
WHEREAS, on January 14, 2014, the Successor Agency Board adopted Resolution No. 2014-01-SA, confirming that it would follow the same rules and procedures for Successor Agency administrative activities and operations as the City of Brentwood; and
WHEREAS, on September 27, 2022, the City Council waived the second reading of and adopted Ordinance 1045, amending City Council/Administrative Policy No. 10-7, Purchasing Policy, to update the types of purchases sections to better clarify individual requirements for types of purchase and increase the services up to $1,000 threshold to $1,500, update the federal procurement section to more closely match the public contract code, code of federal regulations, and the Brentwood Municipal Code, clarify the quotes section to increase availability of goods and services while maintaining best pricing, update the exceptions section to facilitate mandatory payments to Federal, State, and Local Governments and add an additional exception for advertising in publications, and to clarify the long term agreements exceptions; and
WHEREAS, on November 14, 2023, the City Council waived the second reading and adopted Ordinance No. 1064, amending City Council/Administrative Policy No. 10-13, Signature Authority Policy, to revise the signature authority of the City Attorney for legal service and personnel investigative service agreements from $50,000 to $75,000; and
WHEREAS, on June 25, 2024, by Resolution 2024-67 and 2024-03-SA, the City Council of the City of Brentwood and Successor Agency Board approved and authorized the City Manager or City Attorney and Executive Director or General Counsel as appropriate, to execute agreements, purchase orders and/or change orders for ongoing and/or recurring purchases that have anticipated spending over $50,000 (City Manager and Executive Director) and $75,000 (City Attorney and General Counsel) for FY 2024/25, after approval as to form by the City Attorney or General Counsel, for the not-to-exceed dollar amounts with specified vendors; and WHEREAS, as part of the annual, mid-year, mid-term or as needed throughout the fiscal year budget adoption and amendments, City staff include budgeted amounts for purchases of ongoing and/or recurring goods and services; and

Resolution 2025- -SA
WHEREAS, as part of the requirements of the Purchasing Policy, staff brings forward purchases or services over $50,000 and $75,000, as appropriate, for each fiscal year in June and if amendments are needed, in January, for approval by the City Council and/or Successor Agency Board, as appropriate; and WHEREAS, staff has included with the staff report Tabulation of Bids sheets for new vendors, where applicable, to identify bids received for goods and/or services for the fiscal year; and
WHEREAS, an additional requirement of the Purchasing Policy is that City Departments will provide information to purchasing including vendor name, purpose, estimated amount to be spent, Tabulation of Bid sheet as well as copies of the request for quotes, quotes and/or agreement in order for the staff report to be prepared; and WHEREAS, each department compiled a list of vendors, estimated amounts to be spent and purpose of the purchases to be included within report; and WHEREAS, amounts listed in Exhibit “A” can only be expended if included within the adopted FY 2024/25 – 2028/29 Capital Improvement Program Budget or the FY 2024/25 – 2025/26 Operating Budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood and the Successor Agency Board approves and authorizes the City Manager or City Attorney and Executive Director or General Counsel, or designees, as appropriate, to execute agreements, amendments, purchase orders and/or change orders for ongoing and/or recurring purchases that have anticipated spending over $50,000 (City Manager and Executive Director) and $75,000 (City Attorney and General Counsel, limited to legal services and personnel investigative services) for FY 2024/25, after approval as to form by the City Attorney or General Counsel, for the updated not-to-exceed dollar amounts detailed on the attached Exhibit “A,” which is incorporated herein by this reference.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on January 28, 2025 by the following vote:

Exhibit A
Vendor/Contractor Name Recurring Materials Purchased or Services Performed Responsible Department(s)
Original
FY 2024/25
Requested
Amount
Updated
FY 2024/25
Not to Exceed
Amount
Funding Source
(Which Fund(s) Pay for the
Goods/Service)
FY 2024/25 Vendor Selection Method
and if applicable, Agreement
Abbey Water Well Service, Inc. Well and Pump Station Service and Repair. Public Works $ 60,000 $ 250,000 Water Enterpirse Bid Tab/Agreement Antioch Building Materials Co.

Asphalt and Cutback Materials and Concrete Delivery
(Public Works $203,681 Parks and Recreation $12,000)
Public Works, Parks and
Recreation $ 161,000 $ 295,681 Multiple Funds Citywide Bid Tab/Multi-Award/Agreement Azco Supply, Inc.

Light Poles and Fixtures (Public Works $275,000, Parks
and Recreation $30,000)
Public Works, Parks and
Recreation $ 285,000 $ 350,000
General Fund, Parks and LLAD
Replacement
1 Bid Tab
BayTel Communications, Inc. Low Voltage Cabling Services Finance and Information
Systems $ - $ 60,000 Information Systems RFP/Agreement
Burke, Williams & Sorensen, LLP Litigation Services City Attorney $ 100,000 $ 200,000 General Fund Purchasing Policy
Section 3.2.5/Agreement
Chaplin and Hill Investigative Services, LLC Investigative Services Police $ - $ 100,000 General Fund Purchasing Policy
Section 3.2.5/Agreement
Concord Softball Umpires Sports Officiating Services Parks and Recreation $ - $ 65,000 General Fund RFP/Agreement Contra Costa County General Services Traffic Signal Services Engineering $ 275,000 $ 350,000 Multiple Funds Citywide Sole Source/Agreement Core & Main, LP
Parts For Maintenance and Repair of City Water Features, Water Distribution System, and Wastewater Collection
System (Public Works $205,000, Parks and Recreation
$15,000)
Public Works, Parks and
Recreation $ 160,000 $ 220,000 Multiple Funds Citywide Bid Tab/Multi-Award Delta Fence Company, Inc.

Fence Replacement, Repairs, Supplies, and Job Specific
and Tow-Behind Concrete (Parks and Recreation $70,000,
Public Works $47,600)
Parks and Recreation,
Public Works $ 115,600 $ 117,600 Multiple Funds Citywide Bid Tab/Multi-Award/Agreement Diablo Vista Vineyards, LLC
Vineyard Maintenance - Previous FY 2024/25 Not To
Exceed amount of $26,431 approved via City Council
Resolution 2021-152. Parks and Recreation $ - $ 52,862 Citywide Park Assessment District RFP/Agreement Environmental Systems Research Institute, Inc.
("Esri")
Enterprise License Agreement to Expand Licensing for GIS Software
Finance and Information
Systems $ - $ 70,000 Information Systems
Purchasing Policy
Section 3.2.5/Agreement
JPMorgan Chase Bank, N.A., Inc. dba Chase
Paymentech
Utility Billing Credit Card Processing for Online and Front Counter Payments
Finance and Information
Systems $ 275,000 $ 310,000
Solid Waste, Water and
Wastewater Enterprises Purchasing Policy 11.2
Lehr Auto Electric, Inc.

Non-Emergency Lighting and Supplies Previous Not To
Exceed amounts of $150,000 and $155,984.05 approved
via City Council Resolutions 2024-82 and 2024-107,
respectively. (Police $305,985, Public Works $5,000) Police, Public Works $ - $ 310,985 Multiple Funds Citywide Purchasing Policy Section 3.1.4 McCauley Agricultural & Pest Service, Inc.

Citywide Weed Abatement and Pest Control (Public Works
$206,000, Parks and Recreation $35,000, Community
Development $15,000)
Public Works, Parks and
Recreation, Community
Development $ 246,000 $ 300,000 Multiple Funds Citywide Bid Tab/Agreement Municipal Maintenance Equipment, Inc.

Miscellaneous Parts and Supplies for Vehicles and
Equipment Public Works $ - $ 67,000 Fleet Maintenance Services Purchasing Policy Section 3.1.4 Optiv Security, Inc. Okta Multi-Factor Authentication Software Finance and Information
Systems $ 58,154 $ 73,154 Information Systems
Cooperative Agreement/Purchasing Policy
Section 3.2.5.

PACE Supply Corporation
Parts for Maintenance and Repair of City Water Features, Water Distribution System, and Wastewater Collection
System Public Works $ 60,000 $ 80,000
Water and Wastewater
Enterprises Bid Tab/Multi-Award
Pacific Coast Sales & Service, Inc. dba Pacific
Coast Trane Service
Preventative Maintenance, Inspection Service, Service and Repair of HVAC Systems and Boilers Public Works $ - $ 51,000 Facilities Maintenance Services Sole Source/Agreement

MATERIAL DESCRIPTION: On-Call SCADA System Support
RECOMMEND: VENDOR:

ADDRESS:

QUOTE DATE:

PHONE:

CONTACT:

EMAIL:

ITEM # QTY DESCRIPTION UNIT TOTAL UNIT TOTAL UNIT TOTAL 1 Engineer, hourly rate, 4 hour minimum per service call $190.00 $225.00 $265.00 2 Overtime, hourly rate $285.00 $350.00 $397.50
3 After hours, nights and weekends, hourly rate $380.00 $550.00 $530.00 TOTAL: $855.00 $1,125.00 $1,192.50
(1) Calcon Systems, Inc. purchase requisition is under $50,000 Telstar, Inc.
525 W. Alluvial Ave.

Fresno, CA 93711
Multi-award to Calcon Systems, Inc. and W.M. Lyles Co.

The nature of purchasing SCADA systems services will
require us to purchase from not only the lowest bidder
but the one that can provide the needed services within the required timeframe. Often vendors are unavailable
due to scheduling conflicts, and to prevent excessive
SCADA system down time, other vendors will need to be
utilized
REASON:

TABULATION OF BIDS
Calcon Systems, Inc.(1) and W.M. Lyles Co.

Ryan Smith Tim Fassio
10/4/2024
925-570-5122 530-499-0405
Calcon Systems, Inc. W.M. Lyles Co.

[email protected] [email protected] [email protected] 4017 Vista Park Ct.

Sacramento, CA 95834
10/7/2024 10/4/2024
12919 Alcosta Blvd., Ste. 9
San Ramon, CA 94583
Devina Velasquez
916-646-1999

CITY COUNCIL AGENDA ITEM NO. F.5
01/28/2025
SUBJECT: Execute a Professional Services Agreement with Maze & Associates as the City’s independent external audit firm for the fiscal years ending June 30, 2025 and June 30, 2026
DEPARTMENT: Finance and Information Systems
STAFF: Kerry Breen, Director of Finance and Information Systems Sonia Agostini, Accounting Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute a Professional Services Agreement with Maze & Associates as the City’s independent external audit firm for audit services for the fiscal years ending June 30, 2025 through June 30, 2026 in an amount not to exceed $177,245, with an option to execute amendments for audit services for up to three additional fiscal years in an additional amount not to exceed $269,431 upon satisfactory completion of the services. If extensions are executed, the total not to exceed contract amount would be $446,676 over five years.

FISCAL IMPACT
The cost of the annual audit is funded through the General Fund Operating Budget.

Costs are included in the 2024/25 – 2025/26 Operating budget and any future costs will be included in future proposed General Fund Operating Budgets.

The total cost of the initial agreement is $177,245 which includes all costs associated with the annual audits, potential testing and reporting of up to two major Federal programs per year (single audit requirements), annual State required City Financial Transactions reporting and funding for additional professional services, as needed for the term of the agreement. In addition, the City may elect to exercise the option to extend the agreement for audit services for up to three additional audit years. The cost breakdown of the initial agreement plus three optional one-year extensions is summarized the table below:

CITY COUNCIL AGENDA ITEM NO. F.5
01/28/2025
If optional extensions are executed, the total not to exceed contract amount would be $446,676 for audit services for five fiscal years.

BACKGROUND
The City is required to have an independent audit of its financial statements and internal controls on an annual basis. In order to ensure independence, the auditors work for and report to the City Council. The auditors meet annually with the Mayor and Vice Mayor to further facilitate communication of any matters either party feels are significant. The results of the annual audit are presented by the auditors to the City Council at a public meeting each December.

Pursuant to Section 12410.6 (b) of the California Government Code, the City must either change audit firms every six years, or, may continue utilizing the services of a qualified audit firm provided that a new lead partner with primary responsibility for the audit be appointed. Government Code Section 12410.6 (b) became effective in fiscal year 2013/14.

In February 2020, the City entered into an agreement with the auditing firm of Maze & Associates for annual audit services and this firm recently completed their fifth year of annual audit services under this agreement, during which time lead partners were rotated to comply with Government Code Section 12410.6 (b).

Total
Initial Agreement Cost:
2024/25 Fiscal Year Audit Services $76,530
2025/26 Fiscal Year Audit Services 80,715
Professional Services, as needed 20,000
Total Initial Agreement Not-to-Exceed $177,245
Additional Optional Extensions Cost:
2026/27 Fiscal Year Audit Services $85,110
2027/28 Fiscal Year Audit Services 89,740
2028/29 Fiscal Year Audit Services 94,581
Total Optional Extensions Not-to-Exceed $269,431
Total Not-to-Exceed with Optional Extensions $446,676

CITY COUNCIL AGENDA ITEM NO. F.5
01/28/2025
As the City must enter into a new agreement for future annual audit services, City staff elected to issue a Request for Proposal (“RFP”) to qualified municipal audit firms to ensure the City would select the audit firm with the best combination of qualifications, service and competitive pricing for its next audit contract. The RFP was initially issued to five California government audit firms in October 2024 and simultaneously placed on the City’s website. The City received contact from four additional firms after the RFP was posted on the website.

Five audit firms responded to the RFP: Badawi & Associates, Baker Tilly, Harshwal & Co., Maze & Associates and The Pun Group. Finance staff evaluated the proposals based upon the RFP criteria. The City’s audit selection team evaluated each proposal on various factors including the qualifications of each firm, relevant experience, proposed staffing, proposed approach, responsiveness and pricing.

While several firms were determined to be capable and qualified to perform the requested services, the selection team rated Maze & Associates as the top choice.

Maze & Associates’ combination of local government focus, prior experience, provision of opportunities for free City staff training, and competitive pricing made them the best over-all value for the City.

The City’s selection team believes that the combination of qualifications, experience, and pricing, along with proven responsiveness and quality, sets Maze & Associates apart.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Attachment 1

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. F.5
01/28/2025

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

1. Do not approve staff’s recommendation to consider another firm.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Professional Services Agreement

ATTACHMENT “1” – PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On February 25, 2020, the City Council approved Resolution 2020-19 authorizing the City Manager or designee to execute a Professional Services Agreement with Maze & Associates as the City’s independent external audit firm for the fiscal years ending June 30, 2020 through June 30, 2021, with an option to execute amendments for an additional three fiscal years upon satisfactory completion of the services.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER

OR DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH MAZE & ASSOCIATES AS THE CITY’S

INDEPENDENT EXTERNAL AUDIT FIRM FOR AUDIT SERVICES FOR
THE FISCAL YEARS ENDING JUNE 30, 2025 AND JUNE 30, 2026 IN AN AMOUNT NOT TO EXCEED $177,245, WITH AN OPTION TO

EXECUTE AMENDMENTS FOR AUDIT SERVICES FOR AN ADDITIONAL THREE FISCAL YEARS IN AN AMOUNT NOT TO EXCEED $269,431

UPON SATISFACTORY COMPLETION OF THE SERVICES, FOR A
TOTAL NOT TO EXCEED AMOUNT OF $446,676 OVER FIVE YEARS.

WHEREAS, on February 25, 2020, the City Council approved Resolution 2020-19 authorizing the City Manager or designee to execute a Professional Services Agreement with Maze & Associates as the City’s independent external audit firm for the fiscal years ending June 30, 2020 through June 30, 2021, with an option to execute amendments for an additional three fiscal years; and WHEREAS, pursuant to Section 12410.6 (b) of the California Government Code, the City must either change audit firms every six years, or, may continue utilizing the services of a qualified audit firm provided that a new lead partner with primary responsibility for the audit be appointed; and WHEREAS, in October 2024, staff sent out a request for proposal (RFP) to five major municipal auditing firms in California and published it on the City website; and
WHEREAS, an additional four firms were provided the RFP; and WHEREAS, staff received five qualified responses to the RFP; and WHEREAS, after analyzing the qualifications and strengths of each firm, staff recommends that the City Council select Maze & Associates as the City’s external auditors for the fiscal years ending June 30, 2025 and June 30, 2026, with an option to execute amendments for an additional three fiscal years; and WHEREAS, prior experience, quality of work, references, local governmental focus, price and opportunity for staff training were key factors in the recommendation of an audit firm; and
WHEREAS, the maximum cost of the audit services will be $177,245 for the fiscal years ending June 30, 2025 and June 30, 2026, including funding authorization up to $20,000 for additional professional services as needed for the term of the agreement and amendments, if executed; and

WHEREAS, the City Manager or designee is authorized to execute an amendment for additional services under this agreement to include up to three additional fiscal years upon satisfactory completion of the services, at a total maximum cost of $269,431; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves and authorizes the City Manager or designee to execute a Professional Services Agreement with Maze & Associates as the City’s independent external audit firm for audit services for the fiscal years ending June 30, 2025 through June 30, 2026 in an amount not to exceed $177,245, which includes funding authorization up to $20,000 for additional professional services as needed for the term of the agreement and amendments, if executed, with an option to execute amendments for audit services for up to three additional fiscal years in an amount not to exceed $269,431 upon satisfactory completion of the services, for a not to exceed total of $446,676 over five fiscal years.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on 28th day of January 2025 by the following vote:

PSA_City Attorney Approved Version 071522

AGREEMENT FOR PROFESSIONAL AUDITING SERVICES

MAZE & ASSOCIATES
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 Maze & Associates, a California Corporation ("Consultant") (each a “Party” and collectively, the “Parties”) for Professional Auditing Services.

RECITALS
A. City requires the professional services of a consultant specifically qualified and experienced in Municipal Auditing Services, which are professional services outside of services offered by City.

B. City desires certain financial and auditing services for the fiscal years ending June 30, 2025 and 2026, with an option to extend for the fiscal years ending June 30, 2027, 2028, and 2029.

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

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

E. City desires to engage Consultant to provide these services by reason of its qualifications and experience in performing such services
F. 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.

Docusign Envelope ID: 3BE99ACA-03AF-4882-A7D2-47FF25BE59AE

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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 commence upon the date first above written and will expire upon completion of the Services by Consultant for fiscal year ending June 30, 2026. The City Manager may amend the Agreement to extend it for up to three additional audit years or parts thereof in an amount not to exceed the cost proposals “Total All-Inclusive Maximum Price” found in Exhibit “A” of this Agreement. 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 one hundred seventy-seven thousand two hundred forty-five dollars ($177,245). This amount is broken down as follows: a not to exceed amount of seventy-six thousand five hundred thirty dollars ($76,530) for audit year 2024/25 and a not to exceed amount of eighty thousand seven hundred fifteen dollars ($80,715) for audit year 2025/26, and a not to exceed amount of twenty thousand dollars ($20,000) for additional professional services that may be requested by the City during the term of this agreement and amendments, if executed, 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 Docusign Envelope ID: 3BE99ACA-03AF-4882-A7D2-47FF25BE59AE

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employees of City for any purposes whatsoever and City will not pay any tax, workers’ compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment, including, but not limited to, those based on any provision of the Federal Affordable Care Act, which City may be required to make on behalf of Consultant or any agent, employee, or contractor of Consultant for work done under this Agreement. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors.

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

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

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

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

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

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.

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13. Ownership of Documents.

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

13.2 The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use, the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than 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) 516-5460
Facsimile No. (925) 516-5401
Attn: Kerry Breen, City Treasurer/Director
of Finance & Information Systems
For Consultant:

Maze & Associates
3478 Buskirk Avenue, Suite 217
Pleasant Hill, CA 94523
Phone No.: (925) 228-2800
Attn: Amy Meyer, CFO
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.

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

18. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations (“Laws”) which in any manner affect those employed by Consultant, or in any way affect the performance of the Services by Consultant. Consultant will at all times observe and 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 Docusign Envelope ID: 3BE99ACA-03AF-4882-A7D2-47FF25BE59AE

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submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.

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

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

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

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

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

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

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

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

32. Signatures.

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

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

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

CONSULTANT:
* By:

Vikki Rodriguez, CEO

** By:

Amy Meyer, CFO

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
Auditor shall perform the following duties under this Agreement for fiscal years ending June 30, 2025 and 2026; as well as fiscal years ending 2027, 2028, and 2029, if the Agreement is amended to extend pursuant to Section 3 of this Agreement.

An opinion on the fair presentation of the City’s general-purpose financial statements in conformity with generally accepted accounting principles
Audit of the basic financial statements, preparation of the Memorandum on Internal Control, preparation of the Report on Compliance with Bond Covenants for the Indenture of Trust, and issuance of the reports thereon Audit of the footnote disclosures of the Successor Agency to the Redevelopment Agency included in the City's Annual Comprehensive Financial Report
Performance of procedures and issuance of agreed upon procedures report to comply with Proposition 111 Appropriations Limit increment requirements
Testing of compliance for the Metropolitan Transportation Commission/Transportation Development Act Program and preparation of the required report for all years within the agreement term that a report is required Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis, to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. If the City's financial statements are accompanied by supplementary information other than RSI, the supplementary information will be subject to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and will provide an opinion on it in relation to the financial statements as a whole.

Other information accompanying the financial statements will not be subjected to the auditing procedures applied in the audit of the financial statements, and the report will not provide an opinion or any assurance on that information.

In the event that a single audit is required, the requisite single audit testing for purposes of complying with single audit reporting requirements shall be performed.

Attendance at a City Council meeting to discuss the results of the audit, and attendance at City Council subcommittee meetings may be required. All reports shall be issued prior to legal deadlines.

Timely responses to occasional accounting or process related inquiries from City management is also expected.

Auditing Standards
Audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the U.S. Government Accountability Office (GAO) Government Auditing Standards, the provisions of the federal Single Audit Act Amendments of 1996 and U.S. Office of Management and Budget (OMB), 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards.

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Reports to be Issued
Following the completion of the audit of the fiscal year's financial statements, the following shall be issued:
 Single Audit Act Report
 Transportation Development Act Report
 City Financial Transactions Report (for State Controller’s Office)  Management Representation Letter (Draft to be signed and issued by City)  Gann Limit Agreed Upon Procedures Report
 Independent Audit Report for the Financial Statements  Successor Agency Bonds Compliance Letter (for Trustee)  Memorandum on Internal Control
 Any other reports, as required by applicable law (i.e. State, Bond Covenants, etc.), that do not result in an increase in audit scope
In the required Memorandum on Internal Control, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements.

Reportable conditions that are also material weaknesses shall be identified as such in the report.

Non-reportable conditions discovered by the auditors shall be reported in a separate letter to the City Treasurer/Director of Finance & Information Systems.

Reporting to the City Council
Auditors shall ensure that the City Council is informed of each of the following:
 Auditor's responsibility under generally accepted auditing standards  Significant accounting policies
 Management judgments and accounting estimates
 Significant audit adjustments
 Other information in documents containing audited financial statements  Disagreements with management
 Management consultation with other accountants
 Major issues discussed with management prior to retention  Difficulties encountered in performing the audit
Annual Report of Financial Transactions for the City
Auditor will be requested to compile the annual City Financial Transactions Report including all schedules and statements as prescribed by the State Controller for fiscal years ending June 30, 2025, 2026, and 2027, 2028, and 2029, if options to extend are executed.

Irregularities and Illegal Acts
A written report of all irregularities and illegal acts or indications of illegal acts of which are discovered to the below parties:
 Mayor
 City Manager
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Retention and Access to Working Papers
All working papers and reports must be retained, at the auditor's expense, for a minimum of three (3) years after the final audit report date, unless auditor is notified in writing by the City of Brentwood of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees:
 The City of Brentwood
 U.S. General Accounting Office
 Parties designated by the federal or state governments or by the City of Brentwood as part of an audit quality review process
 Auditors of entities of which the City of Brentwood is a sub-recipient of grant funds In addition, the auditor shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.

Date Audit May Commence
The audit may commence at a date mutually agreed upon by the City and the auditor. It is anticipated that the earliest date Interim Audit related work could commence would be April 1, 2025.

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Schedule for the 2024/25 Fiscal Year Audit
The auditor should complete each of the following no later than the dates indicated:
 Interim Entrance Conference Early April 2025
The purpose of this meeting will be to discuss any prior audit problems and the interim work to be performed. This meeting will also be used to establish overall liaison for the audit and to make arrangements for workspace and other needs of the auditor.  Interim Work Mid May 2025
 Progress Conference End of Interim Work
The purpose of this meeting will be to summarize the results of the preliminary tests of the key internal controls and to discuss a written report of items of concern or other matters to be tested.  Detailed Audit Plan Early July 2025
The auditor shall provide both a detailed audit plan and a list of all schedules to be prepared by the City.
 Final Entrance Conference to Commence Late September 2025 Year-end Audit Work
 Fieldwork Late September - Early October 2025
 Exit Conference End of Fieldwork
The purpose of this meeting will be to summarize the results of the fieldwork and to review significant findings.
 Draft Reports End of October 2025
The auditor shall have drafts of the audit reports and recommendations to management available for review by the City Treasurer/Director of Finance & Information Systems.  Final Reports
Management Letter Comments November 13, 2025
Report on the Gann Limit Calculation November 13, 2025
All other Reports November 13, 2025
 Presentation to City Council December 9, 2025
Similar schedules will be developed in subsequent years.

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Assigned Partners, Managers and Supervisory Staff
Engagement partners, supervisory staff and specialists may be changed if those personnel leave the firm, or are promoted. These personnel may also be changed for other reasons, provided that replacements have substantially the same or better qualifications or experience.  Amy Meyer, CPA, Engagement Partner
 Vikki C. Rodriguez, CPA, Alternate Partner
 Meghan Skilling, Manager
 Emily Zhang, Supervisor
Fees
The total fee payable for audit services for each fiscal year ending June 30, includes all costs associated with the annual audit, potential testing and reporting of up to two major Federal programs per year (single audit requirements), and annual State required City Financial Transactions reporting.

Audit Year Total All-Inclusive Maximum Price
July 1, 2024 – June 30, 2025 Seventy-six thousand five hundred thirty dollars ($76,530) July 1, 2025 – June 30, 2026 Eighty thousand seven hundred fifteen dollars ($80,715) Upon an agreement to amend for each additional fiscal year, the total fee payable for audit services for each fiscal year ending June 30, includes all costs associated with the annual audit, potential testing and reporting of up to two major Federal programs per year (single audit requirements), and annual State required City Financial Transactions reporting.

Audit Year Total All-Inclusive Maximum Price
July 1, 2026 – June 30, 2027 Eighty-five thousand one hundred ten dollars ($85,110) July 1, 2027 – June 30, 2028 Eighty-nine thousand seven hundred forty dollars ($89,740) July 1, 2028 – June 30, 2029 Ninety-four thousand five hundred eighty-one dollars ($94,581) Rates for Additional Professional Services
Additional services will only be performed with prior written authorization of the Director of Finance and Information Systems and the services will be billed at the following hourly rates:

Classification 2025 2026 2027 2028 2029
Partners $325 $340 $355 $375 $395
Managers $205 $215 $225 $235 $245
Supervisory Staff $135 $140 $145 $150 $155
Professional Staff $95 $100 $105 $110 $115
Administrative Staff $80 $85 $90 $95 $100
Docusign Envelope ID: 3BE99ACA-03AF-4882-A7D2-47FF25BE59AE

CITY COUNCIL AGENDA ITEM NO. F.6
01/28/2025
SUBJECT: Consideration of an Arts Commission recommendation to appoint Maria Denney as the City of Brentwood’s Poet Laureate for a two year term beginning February 3, 2025
DEPARTMENT: Parks and Recreation
STAFF: Darin Gale, Acting Director of Parks and Recreation Lindsay Pinell, Recreation Supervisor

TITLE/RECOMMENDATION
Consider the Arts Commission’s recommendation of Maria Denney as the City of Brentwood’s Poet Laureate for a two year term beginning on February 3, 2025 and concluding on December 31, 2026.

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

BACKGROUND
The purpose of this item is to appoint a Poet Laureate to fill the position vacancy.

The City of Brentwood established the Poet Laureate position in 2002. Part of the “Powers and Duties” of the Arts Commission is to promote programs for cultural enrichment of the city in diverse art disciplines. Designation of a Poet Laureate provides a means for Brentwood to confirm publicly the value of literary arts as an enlightened and educated community.

The Poet Laureate is responsible for increasing the public’s awareness of the benefits of poetry, as well as commemorating certain civic events through composing and reading poetry at Public Art Wall Receptions, dedications, and so forth.

The specific duties of the Poet Laureate, as approved by the City Council on October 8, 2002 with the creation of the Poet Laureate position, include:
 Serving as a public advocate for the appreciation and advancement of the arts, particularly poetry.
 Providing a minimum of six readings as approved by the Brentwood Arts Commission during their appointment. These readings should be presented in

CITY COUNCIL AGENDA ITEM NO. F.6
01/28/2025
a variety of geographical locations, thus providing equal access to the community.
 Serving as a liaison between the Arts Commission and local schools, library and literary organizations and potentially conducting readings and workshops devoted to poetic works on an as-needed basis.
 Creating a project, through the Arts Commission, to bring poetic art to those residents who might not otherwise have this exposure.
 Serving as a scout for suitable poets who could appear at cultural performances sponsored by the Arts Commission.
 Serving as the facilitator for monthly open mic sessions in person. Note: Open Mic was moved to Zoom during the COVID Pandemic and has continued in Zoom since with discussion of moving to a hybrid of Zoom and in-person in the future.

Under Brentwood Municipal Code section 2.64.010, the City Council may appoint a Poet Laureate of the City, to advocate for the appreciation and advancement of arts, particularly poetry. The Poet Laureate is appointed for a two-year term by the City Council, upon the recommendation of the Arts Commission, and may be removed from office by a majority vote of the City Council.

Despite many recruitment attempts, the City has effectively been without a Poet Laureate since June 2020. (In May 2022, the City Council appointed a Poet Laureate, but a few months later, she resigned due to a move out of town, again leaving the post vacant.)
Since 2022, the Recreation Department has received three applications, two of them being disqualified as the applicants did not reside in Brentwood. On September 15, 2024, Maria Denney submitted an online application form for the post. Staff reviewed her application and scheduled for Maria Denney to present her poetry to the Arts Commission at their regularly scheduled October 16, 2024 meeting.

During the October 16, 2024 Arts Commission Meeting, all five commissioners were present and each had the opportunity to ask Ms. Denney a question with which they had come prepared. The commission was not prepared to make a decision that evening and tabled the discussion and decision for a future meeting.

At their November 20, 2024 meeting, the Arts Commission discussed the position and unanimously voted to recommend Maria Denney to the City Council for appointment to the Poet Laureate position for a two year term beginning on February 3, 2025 and concluding on December 31, 2026.

CITY COUNCIL AGENDA ITEM NO. F.6
01/28/2025

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. Do not approve staff’s recommendation and staff will return with more recommendations regarding the Poet Laureate position per the Arts Commission at a later date.

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

ATTACHMENT(S)

1. Attachment 1: Previous Action by City Council

2. Attachment 2: Poet Laureate Fact Sheet

3. Attachment 3: Application – Maria Denney

4. Attachment 4: Resume – Maria Denney

5. Attachment 5: The Farm Stand by Maria Denney

6. Attachment 6: The Construction Meeting by Maria Denney

Attachment 1

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

On October 8, 2002, the City Council approved the establishment of a Poet Laureate by the Brentwood Arts Commission with the change that the boundaries be as constituted with the Arts Commission boundaries and the dismissal be by the City Council.

On November 12, 2002, the City Council approved Mary Jane Barnes as the first Poet Laureate for the City of Brentwood on the recommendation of the Brentwood Arts Commission. Her Poet Laureate term expired on December 31, 2004.

On January 11, 2005, the City Council approved the appointment of Mary Jane Barnes as Poet Laureate Emeritus.

On March 14, 2006, the City Council approved the Arts Commission’s recommendation of Diane Lando as the City of Brentwood’s second Poet Laureate.

On June 10, 2008, the City Council approved the Arts Commission’s recommendation to reappoint Diane Lando as the City of Brentwood’s Poet Laureate.

On July 27, 2010, the City Council approved the Arts Commission’s recommendation to appoint Kati Short as the City of Brentwood’s third Poet Laureate. She began a two-year term beginning August 1, 1020 – July31, 2012. Council subsequently reappointed Kati Short as the City of Brentwood’s Poet Laureate August 1, 2012-July 31, 2014; July 1, 2014-June 30, 2016, and then served her last term July 1, 2018- December 31, 2021.

On May 26, 2022, the City Council approved the Arts Commission’s recommendation to appoint Giana Baldazo as the City of Brentwood’s Poet Laureate for a two-year term beginning on June 1, 2022, and appoint Kati Short as Poet Laureate Emeritus.

Attachment 2
 Create a project, through the Arts Commission, to bring poetic art to those residents who might not otherwise have this exposure.
 Serve as a scout for suitable poets who could appear at cultural performances sponsored by the Arts Commission.
 Will serve as the facilitator for monthly open mic sessions in person and possibly on Zoom.

Proposed Minimum Qualifications:
 Reside in the City limits of Brentwood.
 Submit a resume and two original works.
 Be willing to serve a two-year term with no compensation and be willing to be dismissed for any reason as determined by the Brentwood City Council.
 Be willing to assist in the process of choosing and orienting the Poet Laureate elect mid-way through their term.

EDUCATION
Maria Denney, AIA
Program and Project Management
Maria has dedicated her career to building educational spaces for over 25 years. Her experience as an architect, contractor, and construction manager has given her a breadth of experience to successfully lead a team forward. Maria has helped many school districts in the Bay Area ranging from bond programs including San Francisco, Oakland, and Berkeley. Most notably, she led the construction program at Oakland Unified School District with their $475M Measure J Bond Program. Herstrengthsinclude embracing the rigors of community engagement, being fiscally responsible when the client's needs outweigh their budgets, and exposing the strengths of each member of the team.

REPRESENTATIVE EXPERIENCE
• B.Arch, University ofOregon

REGISTRATIONS / CERTIFICATIONS
• Licensed Architect, State of California,
C-32993

AFFILIATIONS
• American Institute ofArchitects
• Coalition for Adequate School Housing
• Association for LearningEnvironments

YEARS OF EXPERIENCE
25+

HOBBIES
Teaching architecture to children
Measure C Bond Program Projects, San
Rafael City Schools - San Rafael, CA
Provided design management for the
District’s$152MMeasureCBondprogram
for the District. Projects include transitional
kindergarten new classrooms, modular
buildings, Davidson MS Multi-purpose room,
modernization and traffic improvements at 8
schools using lease-leaseback and designbid-build delivery methods.

Measure G Bond Program Projects,
NewarkUnifiedSchoolDistrict- Newark, CA
Provided program andproject
management for the District’s $63M
Measure G Bond program. Procurement
of design professionals, COVID readiness,
replacementof378HVACunitsatmultiple
sites, landscaping projects for curb appeal,
shade structures, develop 5 year Deferred
Maintenance Plan.

Measure J and K Bond Program Projects,
River Delta Unified School District- River
Delta, CA
Provided program and project management
for the District’s $60M Measure J and K Bond
programs. Challenges include school closure
and compromised well water. Master plan,
procurement of design professionals. New
construction and modernization projects.

VariousProjects,FremontUnionHigh
School District- Fremont, CA
Project Manager for the Districts $198M
Bond program. Provided program and
construction management services for
projects which included modernization and
new construction of student union buildings.

VariousProjects,SanFranciscoUnified
School District - San Francisco, CA
Project Manager for the District’s $500M
Bond program. Projects included theSan
Miguel Child Development Center- $5 million
modernization of a two-story building
including seismic upgrade.

Measure I Bond Program Projects,
BerkeleyUnified School DistrictBerkeley, CA
Provided program and project management
for the District’s $110M Measure I Bond
program. Program and project management
including master schedule, procurement,
design management, community
engagement, CDE SFPD 4.08, CEQA, historic
buildings, seismic upgrades and theaters.

Measure J Bond Program Projects,
OaklandUnifiedSchoolDistrictOakland, CA
ConsultantfortheDistrict’s$475MMeasureJ
Bond program. Oversaw program schedule,
program budget, consultant procurement,
design and construction management for
more than eighty schools. Projects include
modernization, new construction, seismic
upgrades, Central Commissary and charter
schools. Key projects: Glenview Elementary,
Madison High School, The Center, Fremont
High School. Projects designed to meet
CHPS standards. Delivery methods include
design-bid-build and lease-leaseback.

Measure P and Q Bond Program
Projects,John SwettUnified School
District- Rodeo, CA
Provided program and project management
for the District’s Measure P and Q Bond
program. New Carquinez Middle School,
modernization of John Swett High School,
science labs, Prop 39 Energy, CTE grant,
agency coordination with DSA, CDE, DTSC,
and PG&E.

Attachment 4

Farm Stand
Driving down a road without speed bumps
Passing deep lots with houses set far back
Tall brown grasses like blankets lying before them
Some lots are vacant,
With busy ground squirrels.

The sign posts:

Pluots
Cherries
Apricots
Peaches
Pulling off the road,
Hearing the gargling gravel beneath my car tires.

Getting out of my car with my canvas bag,
Prepared for my own harvest.

I don’t feel the need to lock my car.

The shaded stand is humble,
Filled with waxed boxes.

I ask if I can taste a cherry.

No one responds, so I pop one in my mouth.

The stem is green and the flesh is firm,
Juicy and a little tart.

I take the whole box to the register.

I leave with a satisfaction I have never felt leaving a grocery store.

Attachment 5

The Construction Meeting
As I enter the trailer
The laughter and joking are hushed,
Like a teacher walking into a chaotic classroom
Mismatched chairs circle a folding table
The floor is covered with a grime from construction boots A schedule with colored lines is pinned on the paneled wall I choose the seat at the end of the table
Papers are passed around,
Logs of requests for information and material submittals Familiar words are used,
The same topics we cover every week
Man #1 curses,
Then looks at me and apologizes
Man #2 states a problem,
With my quiet voice I offer a solution
Bald man wearing a tie announces, "That won't work!"
The men all nod in solidarity
Other ideas are offered
Man in plaid shirt declares his solution will work
The men all nod in solidarity
It is the same solution I offered
Attachment 6

CITY COUNCIL AGENDA ITEM NO. F.7
01/28/2025
SUBJECT: Purchase one new replacement street sweeper and one new medium duty F650 dump truck and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $515,900; and amend the FY 2024/25 Operating Budget
DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Scott Dempsey, Fleet/Facilities Maintenance Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving the purchase of one new replacement Schwarze A9 Monsoon street sweeper for $397,200 from Municipal Maintenance Equipment, Inc. in Sacramento, CA for the Streets Maintenance Division and one new medium duty Ford F650 dump truck for $118,700 from Mission Valley Ford in San Jose, CA, for the Wastewater Division; authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $515,900; and amending the 2024/25 Vehicle and Equipment Replacement Fund Operating Budget by $61,713.

FISCAL IMPACT
The total cost of the purchase of the two vehicles is $515,900. Of the total cost, $118,700 for the F650 dump truck will be expended from the 2024/25 Wastewater Enterprise Fund Operating Budget, which has sufficient budget for the purchase.

The replacement cost of the Schwarze A9 Monsoon street sweeper is $397,200. The FY 2024/25 Vehicle/Equipment Replacement Fund Operating Budget included $335,487 for this purchase. Staff is requesting that the 2024/25 Vehicle and Equipment Replacement Fund Operating Budget be increased by $61,713 to allow for this expenditure in the current fiscal year. The Vehicle and Equipment Replacement Fund has sufficient funds for this purchase, with a projected cash balance on June 30, 2025 of $7,440,810, after the proposed budget amendment.

The Vehicle/Equipment Replacement Fund receives annual contributions from City funds in order to ensure sufficient resources are available when replacement is

CITY COUNCIL AGENDA ITEM NO. F.7
01/28/2025
needed. Annual funding in the operating budget comes from the Enterprise Funds (57%), General Fund (38%), and Other Funds (5%).

BACKGROUND
The Streets Division currently has three Schwarze regenerative air street sweepers which are used for maintenance of the City’s streets, gutters and storm water collection systems. This preventative maintenance helps to prevent flooding from debris entering the creeks, as well as to meet the City’s National Pollutant Discharge Elimination System (NPDES) permit requirement for trash reduction in the storm drain system.

The Vehicle Policy contains guidelines for replacement of City vehicles. Two street sweepers used for street cleaning operations are scheduled for replacement in FY 2024/25. Due to shortages of diesel engine chassis, only one unit is available at this time. Replacement of this equipment will provide lower on-going maintenance costs and a new warranty period to protect the division from major, unknown maintenance costs in the short term and keep long term maintenance costs down, minimize downtime and prevent potential equipment rental costs as well. The emissions system interval checks are much less onerous for operations and maintenance, further improving efficiencies in the operation. Due to high demand associated with the chassis shortages within California, the cost for this equipment replacement has increased by $61,713.

There are two California Air Resources Board (CARB) regulations that went into effect on January 1, 2024 which are hindering the City’s ability to purchase diesel chassis’ in California – the Advanced Clean Trucks and the Omnibus. Essentially, the Omnibus regulation states only diesel engines that produce a certain amount of nitrogen oxides (NOx) can be sold into California. California is the only state with this requirement, therefore the supply of these CARB certified engines is almost non-existent, causing a severe shortage of functioning chassis in California. To further complicate issues, there are currently no zero emission (electric/hydrogen) vehicles available that can be utilized for the type of work a street sweeper performs on a daily basis.

This requested equipment will replace one of the two street sweepers that has been in service for over nine years, currently has over 88,200 miles and more than 10,500 hours on the engine, vacuum body and gutter brooms.

City staff has previously researched many street sweeper models and determined the Schwarze street sweeper trucks best meets the needs of the City. This truck has

CITY COUNCIL AGENDA ITEM NO. F.7
01/28/2025
proven to be both reliable and efficient. The Street Maintenance and Fleet Maintenance Divisions are satisfied with the combination of high performance, low maintenance costs, and comparable price to other similar models.

Pursuant to Purchasing Policy 10-7, Section 5.4, staff recommends utilizing a Sourcewell cooperative purchasing agreement, Contract #093021-SWZ, from Municipal Maintenance Equipment in Sacramento, CA for purchasing the Schwarze A9 Monsoon street sweeper to maintain uniformity in the Streets Maintenance fleet.

Sourcewell offers a wide variety of commodities, non-IT services and information technology products and services, where participating vendors submit pricing based on bulk government sales. Staff requests the approval to purchase the Schwarze A9 Monsoon street sweeper from Municipal Maintenance Equipment, Inc., the authorized Schwarze dealer for Northern California for a total cost not to exceed $397,200.

With the uniformity of the sweepers, the Street Maintenance and Fleet Maintenance Divisions benefit from operational and maintenance-related efficiency, reduced repair time, common parts ordering and stocking, and training for both Streets Maintenance operators and Fleet Maintenance personnel. Additionally, uniformity of the fleet helps improve safety by allowing drivers to be familiar with operating controls, i.e., levers, pedals, mirrors, instruments, truck inspections, etc., when driving different trucks from the same manufacturer.

City Council approval for the new medium duty Ford F650 Dump Truck was requested and received as part of the 2024/25 – 2025/26 Operating Budget adoption. The medium duty F650 dump truck is necessary for staff to successfully implement the new sewer lateral repair program, also adopted as part of the 2024/25 – 2025/26 Operating Budget. The lateral repair program is designed to ensure that aging connections to the sewer system are repaired or replaced prior to failing, which helps prevent sewer overflows. Wastewater Collections staff will utilize this truck to transport material and spoils to and from the repair locations throughout town.

Additionally, the truck may also be used to respond to any after-hours sanitary sewer repair service calls as they arise.

Bid specifications for the Ford F650 dump truck were distributed to five vendors, which provided the following results:

Mission Valley Ford $118,700
Livermore Ford No Response
Hansel Ford No Response
Valew Quality Truck Bodies No Response

CITY COUNCIL AGENDA ITEM NO. F.7
01/28/2025
Future Ford No Response
Staff requests the approval to purchase one new medium duty Ford F650 dump truck from Mission Valley Ford in San Jose, CA in an amount not to exceed $118,700.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. Do not approve staff’s recommendation.

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

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Quote for Street Sweeper

4. Quote for Dump Truck

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 February 14, 2017, by Resolution No. 2017-17, City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”).

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

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE PURCHASE OF ONE NEW
REPLACEMENT SCHWARZE A9 MONSOON STREET SWEEPER FOR
$397,200 FROM MUNICIPAL MAINTENANCE EQUIPMENT, INC.

IN SACRAMENTO, CA FOR THE STREETS MAINTENANCE
DIVISION AND ONE NEW MEDIUM DUTY FORD F650 DUMP
TRUCK FOR $118,700 FROM MISSION VALLEY FORD IN SAN
JOSE, CA, FOR THE WASTEWATER DIVISION; AUTHORIZING

THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY
DOCUMENTS IN AN AMOUNT NOT TO EXCEED $515,900; AND
AMENDING THE 2024/25 VEHICLE AND EQUIPMENT
REPLACEMENT FUND BUDGET BY $61,713.

WHEREAS, on February 14, 2017, by Resolution No. 2017-17, the City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”); and WHEREAS, on June 25, 2024, by Resolution 2024-73, the City Council approved the 2024/25 – 2025/26 Operating Budget; and
WHEREAS, the Purchasing Policy 10-7 requires that purchases or services over $50,000 be approved by City Council; and
WHEREAS, retaining the uniformity of the fleet, the Street Maintenance and Fleet Maintenance Divisions benefit from operational and maintenance-related efficiency, reduced repair time, common parts ordering and stocking, and training for both Street Maintenance and Fleet Maintenance personnel; and WHEREAS, the new Schwarze A9 Monsoon street sweeper will be purchased in the amount of $397,200 pursuant to Purchasing Policy 10-7, Section 5.4, using Sourcewell cooperative purchasing agreement Contract #093021-SWZ, from Municipal Maintenance Equipment in Sacramento, CA; and
WHEREAS, the new medium duty Ford F650 dump truck will be purchased in the amount of $118,700 through competitive bidding from Mission Valley Ford in San Jose, CA; and
WHEREAS, $397,200 of the cost will be expended through the Vehicle and Equipment Replacement Fund, $335,487 of the cost is included in the City Council approved 2024/25 Vehicle and Equipment Replacement Fund Operating Budget; and WHEREAS, staff is requesting the 2024/25 Vehicle and Equipment Replacement Fund Operating Budget be amended in the amount of $61,713 to allow for these expenditures in the current fiscal year; and

WHEREAS, $118,700 of the cost will be expended through City Council approved 2024/25 Wastewater Enterprise Fund Operating Budget.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the purchase of one new replacement Schwarze A9 Monsoon street sweeper for $397,200 from Municipal Maintenance Equipment, Inc. in Sacramento, CA for the Streets Maintenance Division and one new medium duty Ford F650 dump truck for $118,700 from Mission Valley Ford in San Jose, CA, for the Wastewater Division; authorize the City Manager or designee to execute any necessary documents in an amount not to exceed $515,900; and amend the 2024/25 Vehicle and Equipment Replacement Fund Operating Budget by $61,713.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of January 2025 by the following vote:

CITY COUNCIL AGENDA ITEM NO. F.8
01/28/2025
SUBJECT: An Ordinance amending Title 16 (Subdivisions and Land Development) of the Brentwood Municipal Code, consistent with the provisions of State law (Senate Bills 684 and 1123) DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
Second reading and adoption of Ordinance No. 1082 (1) amending Brentwood Municipal Code (BMC) Sections 16.020.030, 16.020.050, and 16.020.060; and (2) adding BMC Chapter 16.190. The Ordinance would update and streamline the City’s existing Subdivision Ordinance to comply with recent State law requiring local jurisdictions to provide a ministerial review process for certain subdivisions and housing developments on multi-family and single-family lots that meet specific eligibility requirements.

Adoption of the Ordinance is not an action subject to the California Environmental Quality Act (CEQA), as it has no potential for resulting in a physical change to the environment (14 Cal. Code. Regs. § 15358). Further, Government Code Sections 65852.28(e), 65913.4.5(b), and 66499.41(i) state that an ordinance adopted by a local agency to implement the streamlined ministerial approval requirements of SB 684 is not considered a project under CEQA.

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

BACKGROUND
The Subdivision Map Act (Government Code Section 66410, et seq.) is a State law that authorizes local governments, such as city councils, to regulate and control the design and improvement of subdivisions of land. To carry out this power, each local government, including the City of Brentwood, passes its own subdivision ordinance, which sets out the requirements imposed on developers in exchange for the privilege

CITY COUNCIL AGENDA ITEM NO. F.8
01/28/2025
of subdividing their land. The City of Brentwood’s subdivision ordinance is found in Title 16 of the Brentwood Municipal Code (BMC).

Senate Bill 684 (Caballero, 2023) generally went into effect on July 1, 2024, with the exception of very limited exemptions that were operative earlier. SB 684 requires local agencies to ministerially approve, without discretionary review or hearing, a parcel map or a tentative and final map for 10 or fewer lots meeting specific qualifications. Similarly, a local agency must ministerially approve a housing development project that:
 Consists of 10 or fewer residential units;
 Meets certain minimum parcel size and density requirements; and  Is located on a lot zoned for multi-family residential development no larger than 5 acres that is “substantially surrounded1” by “qualified urban uses” (which are defined as “any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses”).

Finally, SB 684 requires a local agency to ministerially approve a housing development project that is subdivided according to the above ministerial subdivision process. In sum, the legislature is requiring cities to approve certain 10-lot subdivisions, as well as certain 10-unit housing development projects, without exercising any discretion.

SB 1123 (Caballero, 2024) expanded upon SB 684, among other things, by mandating an expedited approval process for small lot subdivisions on vacant lots in single-family zones. As of July 1, 2025, it also:
 Allows for the establishment of a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot on a vacant, single family site;
 Requires parcels that are subdivided on single-family sites to be at least 1,200 square feet;
 Allows housing units on a lot subject to ministerial approval to be tenancy in common;

1 “Substantially surrounded” means at least 75% of the perimeter of the project site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses. The remainder of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that have been designated for qualified urban uses in a zoning, community plan, or general plan for which an environmental impact report was certified.

CITY COUNCIL AGENDA ITEM NO. F.8
01/28/2025
 Prohibits an existing dwelling unit being sold separately from any other existing dwelling unit on the lot;
 Provides cities with the option to allow accessory dwelling unit (ADUs) or junior ADUs on a ministerial subdivision of 10 parcels or less as specified and to not count them toward the 10 unit cap; and
 Adds a definition of "net habitable square feet.”

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
On January 14, 2025, the City Council waived the first reading and introduced the Ordinance.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
The Ordinance is not an action subject to the California Environmental Quality Act (CEQA), as it has no potential for resulting in a physical change to the environment (14 Cal. Code. Regs. § 15358). Further, Government Code sections 65852.28(e), 65913.4.5(b), and 66499.41(i) state that an ordinance adopted by a local agency to implement the streamlined ministerial approval requirements of SB 684 is not considered a project under CEQA.

ATTACHMENT(S)

1. Ordinance No. 1082

ORDINANCE NO. 1082

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD AMENDING SECTIONS 16.020.030,

16.020.050, AND 16.020.060 OF THE BRENTWOOD
MUNICIPAL CODE; AND ADDING NEW CHAPTER 16.190
WHEREAS, on October 11, 2023, the Governor signed into law Senate Bill (SB) 684, which generally became operative on July 1, 2024; and WHEREAS, SB 684 added Government Code Sections 65852.28, 65913.4.5, and 66499.41 to State law to require local agencies to ministerially approve certain types of subdivisions for housing development projects consisting of ten or fewer units on qualified multi-family zoned infill sites, subject to certain criteria; and
WHEREAS, SB 684 further requires local agencies to ministerially approve housing development projects consisting of ten or fewer units on a parcel resulting from such a subdivision; and
WHEREAS, the City’s existing subdivision ordinance in Title 16 of the Brentwood Municipal Code requires amendments and additions to conform to the new State law requirements of SB 684; and
WHEREAS, on September 19, 2024, SB 1123 amended Government Code sections 65852.28 and 66499.41 to clarify and update certain provisions; and
WHEREAS, in order to implement the requirements of SB 684 and SB 1123, staff has prepared this Ordinance; and
WHEREAS, an ordinance implementing the provisions of SB 684 is not considered a project under the California Environmental Quality Act (CEQA; Pub. Res. Code Sections 21000, et seq.) pursuant to Government Code Sections 65852.28(e), 65913.4.5(b), and 66499.41(i).

NOW, THEREFORE, the City Council of the City of Brentwood does ordain as follows:

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

SECTION 2. Adoption. The renumbering and additions to the Brentwood Municipal Code are set forth below. Deletions are indicated in strikeout text, additions are indicated in underline text, and brackets denote information for the reviewer and code publisher. Section and subsection numbers and titles are shown only for reference unless added or deleted in

underline text. Sections and subsections not included below shall remain unchanged.

Brentwood Municipal Code Section 16.020.030 is amended as follows:
*** [Below text to be placed after the definition of Commission]*** “Community land trust” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:

1. Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences;

2. All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owner’s primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, “qualified owner” means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative; and

3. The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.

Section 16.020.050 is amended as follows:
***[Below text to be placed after the definition of Health Department]*** “Housing Cooperative” means as defined in Section 817 of the Civil Code. ***[Below text to be placed after the definition of Public Facilities]*** “Qualified urban use” means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.

Section 16.020.060 is amended as follows:
***[Below text to be placed after the definition of Subdivision]***

“Substantially surrounded” means at least 75 percent of the perimeter of the project site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses. The remainder of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that have been designated for qualified urban uses in a zoning, community plan, or general plan for which an environmental impact report was certified.

Brentwood Municipal Code Chapter 16.190 is hereby added as follows:

Chapter 16.190 MINISTERIAL REVIEW OF QUALIFYING SUBDIVISIONS OF TEN

UNITS OR LESS

16.190.010 MINISTERIAL REVIEW OF QUALIFYING SUBDIVISIONS OF TEN UNITS OR LESS; GENERALLY
A. The City shall consider ministerially, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project, as defined in Government Code Section 65589.5, that meets all of the following requirements:

1. The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units.

2. The lot proposed to be subdivided is the subject of an application filed before July 1, 2025 and meets all of the following:
a. The lot is zoned for multifamily residential development. b. The lot is no larger than five acres and is substantially surrounded by qualified urban uses.
c. The lot is a legal parcel located within the jurisdiction of the City.
d. The lot was not established pursuant to Chapter 16.169 or this Chapter 16.190.

3. The lot proposed to be subdivided is the subject of an application filed on or after July 1, 2025 and meets one of the following:
a. The lot is zoned to allow multifamily residential uses. b. The lot is vacant and zoned for single-family residential development. For purposes of this paragraph, “vacant” means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as “vacant”:

(i) Housing that is subject to a recorded covenant,
ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.
(ii) Housing that is subject to any form of rent or sales price control.
(iii) Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated
prior to the submission of the application for a development permit.

4. The newly created parcels are no smaller than 600 square feet.

If the application for the proposed subdivision is filed on or after July 1, 2025, newly created parcels zoned for single-family residential may be no less than 1,200 square feet.

5. The residential units on the lot proposed to be subdivided are one of the following:
a. Constructed on fee simple ownership lots.
b. Part of a common interest development.
c. Part of a housing cooperative.
d. Constructed on land owned by a community land trust. e. Part of a tenancy in common as described in Civil Code section 685.

6. The proposed housing development project will meet one of the following, as applicable:
a. If the parcel is identified in the City’s Housing Element for the current planning period, the housing development project must include at least 66 percent of the maximum residential density allowed under Title 17 or 66 percent of the applicable residential density specified in Government Code section 65583.2(c)(3)(B), whichever is greater. If the parcel is identified to accommodate any portion of the jurisdiction’s share of the regional housing need for low- or very low income households, the project must include at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years. b. If the parcel is not identified in the City’s Housing Element for the current planning period, the housing development project

must include at least as many units as the maximum allowable residential density.

7. The average total area of floorspace for the units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, “net habitable square feet” means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.

8. The housing development project on the lot proposed to be subdivided complies with Chapter 17.725.

9. The housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
b. Housing that is subject to any form of rent or price control. c. Housing occupied by tenants within the five years
preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit. d. A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

10. The lot proposed to be subdivided is not located on a site that is any of the following:
a. Either prime farmland or farmland of statewide
importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of
Conservation, or land zoned or designated for agricultural

protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.
d. A hazardous waste site that is listed pursuant to
Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to former Section 25356 of the Health and Safety Code, unless either of the following applies:
(i) The site is an underground storage tank site that
received a uniform closure letter issued pursuant to
subdivision (g) of Section 25296.10 of the Health and
Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or
change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Government Code Section 65962.5.
(ii) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is
suitable for residential use or residential mixed uses. e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. f. Within a special flood hazard area subject to inundation by the 1-percent annual chance flood (100-year flood) as determined

by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.

If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:
(i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency
and issued to the local jurisdiction.
(ii) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program pursuant to Part 59 (commencing with Section

59.1) and Part 60 (commencing with Section 60.1) of
Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
g. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the
development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site. h. Land identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or another adopted natural resource protection plan.
i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies,

fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). j. Land under conservation easement.

11. The proposed subdivision conforms to all applicable objective requirements of the Map Act and section 16.190.020, except as otherwise expressly provided in this Chapter 16.190.

12. Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.

13. If an application is filed after July 1, 2025, the proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.

B. The City shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to the City pursuant to this section within 60 days from the date the City receives a completed application. If the City does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the City denies the application, the City shall, within 60 days from the date the City receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.

C. Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the City that are not inconsistent with this Chapter

16.190.

D. The City may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.

E. The City may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and

safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

F. Notwithstanding section 17.100.005, the City is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section.

G. Notwithstanding Section 66411.7 of the Government Code or Chapter

16.169, the City is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this Chapter 16.190.

16.190.020 MINISTERIAL REVIEW OF QUALIFYING HOUSING DEVELOPMENT PROJECTS OF 10 UNITS OR LESS; DEVELOPMENT STANDARDS
A. A development proponent may submit an application for a housing development project on a lot that is subdivided pursuant to section 16.190.010 that complies with the following:

1. All objective zoning standards, objective subdivision standards, and objective design standards that are related to the housing development or to the design or improvement of a parcel, and do not conflict with this section or section 16.190.010.

2. Notwithstanding paragraph 1 above, a housing development on a lot that is subdivided pursuant to section 16.190.010 is not subject to an objective zoning standard, objective subdivision standard, or objective design standard that does or is any of the following:
a. Physically precludes the development of a project built to densities as specified in Government Code Section
65583.2(c)(3)(b). This paragraph does not preclude a project at a density greater than the maximum density specified that section. Notwithstanding the foregoing, for housing development project applications filed on or after July 1, 2025, a development located on a “vacant” lot as defined in section

16.190.010(A)(3)(b), is subject to a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot.
b. Imposes any requirement that applies to a project solely or partially on the basis that the subdivision or housing development receives approval pursuant to this section.
c. Requires a setback between the units, except as required in the California Building Code.
d. Requires that parking be enclosed or covered.

e. Imposes side and rear setbacks from the original lot line inconsistent with section 17.797.004(A)(7)(b).
f. Imposes parking requirements inconsistent with section

17.797.004(A)(8).
g. For a housing development project consisting of three to seven units, inclusive, impose a floor area ratio standard that is less than 1.0. For a housing development project consisting of 8 to 10 units, inclusive, impose a floor area ratio standard that is less than 1.25.

B. A housing development project on a proposed site to be subdivided pursuant to this Chapter 16.190 is not required to comply with the following:

1. A minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, section

16.190.010(D).

2. The formation of a homeowners’ association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).

Notwithstanding the foregoing, the City may require a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.

C. The City shall ministerially consider, without discretionary review or a hearing, an application for a housing development project submitted pursuant to this section. The City shall approve or deny such an application within 60 days from the date the City receives a completed application. If the City does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the City denies the application, the City shall, within 60 days from the date the City receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.

D. The City may disapprove a housing development project that meets the requirements of this section if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

16.190.030 BUILDING PERMITS FOR QUALIFYING HOUSING DEVELOPMENT PROJECTS OF 10 UNITS OR LESS
The City shall issue a building permit for one or more residential units that are part of a housing development project consisting of 10 or fewer units pursuant to Government Code section 65913.4.5, as may be amended from time to time.

SECTION 3. Inclusion in the Brentwood Municipal Code. It is the intention of the Brentwood City Council that Section 2 be codified in the Brentwood Municipal Code.

SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance or its attachments is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this Ordinance irrespective of the validity of any other provision.

SECTION 5. Publication and Effective Date. This Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing the Ordinance in accordance with that law. This Ordinance shall take effect and be in force 30 days following its adoption.

The foregoing ordinance was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 14th day of January, 2025, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:
_______________________________
Susannah Meyer
Mayor
ATTEST:
_____________________________
Amanda McVey
City Clerk

CITY COUNCIL AGENDA ITEM NO. F.9
01/28/2025
SUBJECT: Second reading of an amendment to the Brentwood Municipal Code to update Chapter 5.68 (Mobile Vending) and an
amendment to Chapter 17.850 (Temporary Use Permits)
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Senior Planner

TITLE/RECOMMENDATION
Waive the second reading of and adopt Ordinance 1080 (BMC 5.68) and Ordinance No. 1081 (BMC 17.850), approving the following:

1. An ordinance approving an amendment to Brentwood Municipal Code Chapter 5.68 (Mobile Vending) to establish new mobile vending regulations.

2. An ordinance approving an amendment (Rezone No. 24-005) to Brentwood Municipal Code Chapter 17.850 Temporary Use Permits to add regulations related to Long-Term Mobile Vending Facilities and Commissaries.

These two ordinances and text amendments are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as they are not a “project” and have no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, the Ordinances are exempt from CEQA as there is no possibility that either Ordinance or their implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3).

FISCAL IMPACT
If the Ordinances changes are approved, any fees for permits or revenue from business license tax certificates would be deposited into the General Fund. If approved, any new fees for permits would be submitted for approval by the City Council at a future meeting and would most likely be similar to recently adopted fees for sidewalk vending permits ($135 annually). Business license tax and fees are already included in the City’s FY2023/24 Cost Allocation Plan. The amount of revenue collected will depend on the fee amount proposed and the volume of mobile vending

CITY COUNCIL AGENDA ITEM NO. F.9
01/28/2025
activity, but is not expected to have a material impact on overall General Fund revenues. Any revenue generated by administrative citations for enforcement of the proposed Ordinances would be deposited into the General Fund.

BACKGROUND

CITY COUNCIL DIRECTION
On February 27, 2024, the City Council considered a new ordinance regulating Sidewalk Vending (Ordinance No. 1069) and a new ordinance repealing and replacing the City’s regulations related to Mobile Vending in order to comply with new State laws and to adopt new standards to protect public health and safety. Since the proposed amendments were not part of the City’s Zoning Ordinance, the amendments were not presented to the Planning Commission and were reviewed directly by the City Council that evening. The City Council provided direction related to the Mobile Vending Ordinance, including directing staff to work on additional amendments and regulations for long-term mobile vending facilities that may be considered as part of the focused zoning ordinance update within Title 17.

Upon the second reading of both ordinances on March 12, 2024, the City Council adopted the Sidewalk Vending Ordinance, but reopened consideration of the Mobile Vending Ordinance and continued the item to a future date, and directed continued discussion of the ordinance to the Land Use and Development (LUD) committee.

LAND USE AND DEVELOPMENT COMMITTEE (LUD) DIRECTION
On May 29, 2024, LUD provided recommendations on regulations for long-term mobile vending facilities that would be included in Chapter 17.850 (Temporary Use Permits) in order to create a process for mobile vending facilities to operate for longer timeframes than the time limits proposed in the draft Chapter 5.68. Since the updates proposed would be within Title 17, the Planning Commission was required to consider and make a recommendation on the proposed amendments to Chapter 17.850 prior to the amendments being presented to the City Council.

PLANNING COMMISSION ACTION
The Planning Commission considered the amendments to Chapter 17.850 at a public hearing at its regular meeting of September 3, 2024, and was supportive of the requested text amendments. The Planning Commission agreed that the proposed amendments related to commissaries and long-term mobile vendors would help to provide greater opportunities for new mobile vending facilities that did not fit within

CITY COUNCIL AGENDA ITEM NO. F.9
01/28/2025
the new specified guidelines outlined in Chapter 5.68 since the operational characteristics of long-term mobile vendors and commissaries are different than vendors that move regularly. The Planning Commission unanimously adopted Resolution No. 24-035, recommending that the City Council approve the amendments (RZ 24-004), amending Chapter 17.850 (Temporary Use Permits) to add regulations related to Long-Term Mobile Vending Facilities and Commissaries.

CITY COUNCIL CONTINUANCE
On October 22, 2024, this item was agendized to be considered by the City Council.

Prior to the hearing, staff became aware that one of the proposed regulations within the new Mobile Vending Ordinance required further research requesting a continuance, and thus the City Council authorized a continuance of the item to a date uncertain. Staff completed the review in accordance with State law and modified the proposed ordinance as described further in this report.

CITY COUNCIL MEETING OF JANUARY 14, 2025
On January 14, 2025, the City Council considered the proposed amendments to the Brentwood Municipal Code. After deliberation, the City Council, with a vote of 5-0, introduced and waived the first reading of the two proposed ordinances including RZ24-003.

The new ordinances would regulate mobile vending from motorized vehicles in order to comply with new State laws and to adopt new standards to protect public health and safety. The proposed ordinance allow these types of businesses to operate in the City, but create robust new standards that are clearer and easier to understand for both residents and businesses and are more enforceable. As described in the January 14, 2025 staff report, staff conducted extensive public outreach for this City Council hearing and will continue to conduct additional outreach to mobile vendors if the ordinance is adopted by the City Council. The attached Mobile Vending Ordinance includes an effective date of March 1, 2025. If adopted, the ordinance’s later effective date will allow staff ample time to conduct outreach to the effected businesses and allow those businesses additional time to prepare for obtaining a permit from the City.

Note that the first reading of the ordinance amending Chapter 5.68 included two references to ‘Director’ without clearly indicating which Department Director was being identified (see Sections 5.68.030(C) and 5.68.070). The ‘Director’ in question is the Finance Director. This clarification, which effects no substantive modification, has been added to Sections 5.68.030(C) and 5.68.070 for the sake of precision.

CITY COUNCIL AGENDA ITEM NO. F.9
01/28/2025

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on December 20, 2024, for the January 14, 2025 public hearing held on the ordinance

ENVIRONMENTAL DETERMINATION
The proposed ordinances are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption - in that the proposed ordinances would only establish and clarify administrative processes 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. None of the circumstances described in CEQA Guidelines Section 15300.2 applies.

In addition to CEQA Guidelines Section 15061(b)(3), the proposed ordinances would also be exempt from the CEQA pursuant to CEQA Guidelines Section 15311(c) in that the proposed ordinances relate to the placement of seasonal or temporary use mobile food units, in generally the same locations from time to time in areas designed for public use. Finally, the ordinances are not a “project” and have no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a).

ATTACHMENT(S)

1. Previous Actions

2. Ordinance No. 1080 - Chapter 5.68 (Mobile Vending)

3. Ordinance No. 1081 - Chapter 17.850 (Temporary Use Permits)

ATTACHMENT 1
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 12, 1994, the City Council adopted Urgency Ordinance No. 590, establishing a temporary moratorium on use permits for vending operations.

On August 23, 1994, the City Council adopted Ordinance No. 544, extending the moratorium on the processing of new use permits for mobile vending operations for an additional ten months and fifteen days.

On December 27, 1994, staff returned to the City Council seeking direction regarding ordinance regulations pertaining to mobile vending operations. Council directed staff through the Planning Commission to develop an ordinance to regulate mobile vending operations.

On April 25, 1995, the City Council conducted a public hearing on the introduction of Ordinance No. 551, Mobile-Vending, which was proposed by the Planning Commission to establish processing procedures, design and location guidelines for mobile vendors. The City Council declined to adopt Ordinance No. 551, and directed staff to develop an alternate ordinance restricting motorized vending to two hours per day per location.

On May 30, 1995, the City Council approved the introduction and waived the first reading of Mobile Vending Ordinance No. 554.

On June 13, 1995, the City Council adopted Ordinance No. 554, establishing business license requirements and standards for mobile vending with an effective date of October 1, 1995.

On February 27, 2024, the City Council considered the first reading and adoption of a new ordinance regulating Sidewalk Vending (Ordinance No. 1069) and a new ordinance repealing and replacing the City’s regulations related to Mobile Vending (Ordinance No. 1070).

On March 12, 2024, the City Council adopted the Sidewalk Vending Ordinance (Ordinance No. 1069), but continued the Mobile Vending Ordinance to a future date.

On January 14, 2025, following a public hearing, the City Council voted to waive the first reading of and introduce Ordinances No. 1080 and 1081 to amend the Brentwood Municipal Code to update Chapter 5.68 (Mobile Vending) and an amendment to Chapter 17.850 (Temporary Use Permits).

ORDINANCE NO. 1080

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BRENTWOOD, CALIFORNIA, REPEALING AND
REPLACING CHAPTER 5.68 OF THE BRENTWOOD

MUNICIPAL CODE REGARDING MOBILE VENDING

AND DECLARING THE ORDINANCE EXEMPT FROM
CEQA
WHEREAS, the City of Brentwood, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including mobile vending on both public and private property; and
WHEREAS, the City may regulate mobile food facilities operating in the rightof-way, pursuant to Vehicle Code section 22455 and Health and Safety Code section 114315; and
WHEREAS, vehicles that produce, prepare, cook, and carry food, foodstuffs, food products, and all associated wares and merchandise for purposes of sale on the public streets pose special danger to the public health, safety, and welfare of children and residents in the City; and
WHEREAS, the sale of food, foodstuffs, food products, and all associated wares and merchandise on public streets from vehicles can cause dangerous conditions on the City’s roads and streets through the congregation of large crowds and imposition of the flow of traffic on the public right-of-way. In addition, mobile vending from both public and private property creates the potential for increased safety hazards, such as, but not limited to: inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel; interfering with the performance of police, firefighter, and emergency medical personnel services; encouraging pedestrians to cross mid-block or stand in roadways to purchase food; and creating obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic; and;
WHEREAS, the City has the authority to regulate the type of vending, and the time, place, and manner of vending from vehicles upon the street in order to promote public safety; and
WHEREAS, the City desires to regulate mobile vending, while also safeguarding the flow of pedestrian movement on public and private sidewalks and in the public right-of- way, and ensure no interference with the performance of police, firefighter, and emergency medical personnel services; and WHEREAS, the City Council finds that the regulation of mobile vendors engaged in the sale of food and food products will help to ensure that mobile vendors

Attachment 2

obtain all necessary permits and comply with applicable sanitation, food preparation, and food handling laws, and thereby will protect the public health and safety against health problems such as food contamination, poor hygienic practices, and the threat of food poisoning; and
WHEREAS, the City Council finds that regulation of mobile vending in residential areas is necessary to ensure that such areas are protected from excessive noise and traffic impacts, which threaten the tranquil nature of residential areas, while allowing economic opportunities for mobile vendors; and WHEREAS, the City Council finds that, because mobile vending is typically transient in nature, the City, law enforcement, and other health and safety regulators, are less able to hold mobile vending businesses accountable for health and safety violations than other businesses operating from fixed locations. Therefore, the City Council finds that it is necessary to establish regulations for the identification of applicants and restricting permits from those persons with records of certain criminal conduct that pose a threat to public safety; and
WHEREAS, the City Council finds that regulation of mobile vending is necessary as vendors have regular and routine access to children, often in secluded or unmonitored areas, so ensuring that no one is being authorized to operate in residential neighborhoods during specified days and times potentially threatening the health, safety, or welfare of the public or children is of paramount importance; and WHEREAS, the City Council finds young people in the community are susceptible to: distraction while at school; being drawn away from school or to cross busy streets, thereby obstructing traffic and causing vehicular collisions with pedestrians; or to fraudulent business conduct. To promote the health, safety and welfare of children while they are near schools, it is necessary to regulate commercial activity near locations which have high concentrations of unsupervised youth, such as in the vicinity of schools before and after class hours; and WHEREAS, the City Council finds that there are unique geographic and historical characteristics of the City that prevent mobile vendors from operating in City streets adjacent to certain sidewalks and pedestrian pathways without detrimentally affecting the public health, safety, and welfare. Among these are City streets, sidewalks and pathways located in certain older portions of the City where the nature of the underlying use as a high pedestrian traffic area and/or access to designated historical buildings and/or structures are incapable of supporting both pedestrian traffic and mobile vendors. Further, mobile vendors that attract additional pedestrian traffic can inhibit the ability of disabled individuals, block building ingress/egress within these areas, particularly in the non-residential areas of the Downtown Specific Plan – Downtown Core District. In addition, mobile vending within the Downtown Specific Plan – Downtown Core District results in substantial potential for litter and damage caused by vendors and their patrons, which would be detrimental to the welfare of the community as the use and enjoyment of the most significant historical resource within the City of Brentwood would be degraded.

Furthermore, in order to preserve and promote economic viability consistent with Brentwood General Plan Economic Development Goal ED4 to “Emphasize Downtown

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as the thriving central gathering area of Brentwood that reflects the city’s unique character and heritage, and provides for a range of retail uses, services, and public areas,” the Downtown Specific Plan – Downtown Core District which contains many restaurants that attract customers, needs special consideration and protection from competing mobile vendors by generally prohibiting mobile vendors, except when approved as part of a Special Event Permit and/or Temporary Use Permit, which balances the interests of both restaurants and food trucks by providing important economic, cultural, and neighborhood benefits to the City and simultaneously allowing mobile vendors to prosper, and manages sidewalk congestion caused by lines of mobile vendor customers; and
WHEREAS, on February 27, 2024, the City Council considered and approved the first reading of a new ordinance repealing and replacing the City’s regulations related to Mobile Vending, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein; and
WHEREAS, on March 12, 2024, the City Council considered the second reading and adoption of the new ordinance repealing and replacing the City’s regulations related to Mobile Vending, but requested that further revisions be considered and continued the Mobile Vending Ordinance to a future date; and WHEREAS, on October 22, 2024, the item was agendized for the City Council considered the first reading and adoption of the revised ordinance repealing and replacing the City’s regulations related to Mobile Vending and was continued again to a future date; and
WHEREAS, on January 14, 2025, the City Council considered the first reading of a revised ordinance repealing and replacing the City’s regulations related to Mobile Vending (Ordinance No. 1080), including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein.

NOW, THEREFORE, the City Council of the City of Brentwood does ordain as follows:

SECTION 1. Recitals. The above recitals are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment since the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. In addition to CEQA Guidelines Section 15061(b)(3), the proposed ordinance would also be exempt from the CEQA pursuant to CEQA Guidelines Section 15311(c) in that the proposed ordinance relates to the placement

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of seasonal or temporary use mobile food units, in generally the same locations from time to time in areas designed for public use. The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Brentwood hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 4. Amendment. The Brentwood Municipal Code is hereby amended to repeal and replace Chapter 5.68 (Mobile Vending) in its entirety with the revised Chapter 5.68 (Mobile Vending) as provided in Exhibit A, attached hereto and incorporated herein.

SECTION 5. Effective Date. This Ordinance shall become effective March 1, 2025.

SECTION 6. Publication Date. This ordinance shall be published in accordance with Government Code Section 36933. 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.

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THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the City Council of the City of Brentwood on the 14th day of January 2025 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

THE FOREGOING ORDINANCE was adopted with the second reading waived at a regular meeting of the City Council of the City of Brentwood on the 28th day of January 2025 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED

Susannah Meyer
Mayor
ATTEST:

Amanda McVey
City Clerk

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EXHIBIT “A”
Chapter 5.68

MOBILE VENDING
Sections:

5.68.010 Purpose.

5.68.020 Definitions.

5.68.030 Permits Required.

5.68.040 Location and Siting Requirements.

5.68.050 Operating Regulations.

5.68.060 Suspension; Rescission.

5.68.070 Appeals to City Manager.

5.68.080 Violations; Penalties.

5.68.090 Severability.

Section 5.68.010 Purpose.

This Chapter establishes requirements for the vending of food and goods in the public right-of-way and on private property, including but not limited to city facilities and parking lots, to prevent traffic, safety, and health hazards. The primary purpose of the public streets, sidewalks, parking lots, and other public ways is for use by vehicular and pedestrian traffic. Regulating mobile vending will protect the public health and safety and ensure safe pedestrian and vehicular traffic. Unregulated vending in the public right-of-way, from any vehicles including mobile food vehicles or food trucks contributes to traffic congestion and can impede the orderly movement of pedestrians and vehicles. The unregulated use of congested streets and sidewalks with a high concentration of vehicular, pedestrian and commercial activity by mobile food vendors can make the streets and walkways unsafe for motorists, cyclists, pedestrians, and mobile food vendors themselves.

Section 5.68.020 Definitions.

For purposes of this Chapter, the following definitions apply:

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A. “Applicant” means a person who is applying for a mobile vendor permit pursuant to this Chapter.

B. “City” means the City of Brentwood.

C. “City manager” means the city manager of the City of Brentwood, or their designee.

D. “Compact mobile food operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

E. “Commissary” means a food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur: (1) food, containers, or supplies are stored; (2) food is prepared or prepackaged for sale or service at other locations; (3) utensils are cleaned; or (4) liquid and solid wastes are disposed, or potable water is obtained. A commissary may be considered in an underlying non-residential zoning district, if the commissary is an ancillary use to a primary permitted use on the property, and complies with all the requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

F. “County” means the County of Contra Costa.

G. “Food” means and refers to any substance as defined by California Health and Safety Code Section 113781, as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

H. “Long-term mobile vending facility” means a mobile vending facility that operates on a longer-term than allowed in Chapter 5.68, not short-term, basis, that is allowed by the underlying non-residential zoning district, is an ancillary use to a primary use on the property, or that can not meet all requirements as outlined in Chapter 5.68, and complies with all the requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

I. “Mobile food facility” means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer. It means any motor vehicle or device, including, but not limited to, cars, trucks, and vans, or any vehicle or device that is pushed, pulled, carried, towed or otherwise transported by a motor vehicle or device and equipped to store, prepare, serve, advertise, promote, offer, convey, barter, trade, solicit and/or sell food, foodstuffs, food products, and all associated wares, goods, and merchandise.

J. “Mobile vending” means the selling, advertising, promoting, offering, or soliciting to sell, convey, barter, or trade food, products, goods, merchandise, and/or services from a mobile food facility or mobile vending facility.

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K. “Mobile vending facility” means both a “mobile food facility” and any vehicle used in conjunction with mobile vending.

L. “Mobile vendor” means and refers to any individual or person (natural and corporate) that operates or assists in the operation of a mobile food facility or mobile vending facility.

M. “Mobile vendor permit” means a permit issued by the City to a mobile vendor pursuant to this Chapter.

N. “Permittee” means a person who has been issued a mobile vendor permit pursuant to this Chapter.

O. “Person” means an individual, firm, partnership, corporation, company, association, or other legal entity and includes a trustee, receiver, assignor or similar representative of any of them.

P. “Temporary special permit" means an event authorized by a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary use permit under Chapter 17.850, for purposes including, but not limited to, filming, parades, or outdoor concerts.

Section 5.68.030 Permits Required.

A. It shall be unlawful for any person to maintain, manage, or operate a mobile vending facility within the City unless such activity is maintained, managed, or operated in strict compliance with all applicable city, county, state, and federal laws, rules, and regulations, including but not limited to the requirements of Title 17 (Zoning) of the Brentwood Municipal Code if applicable.

B. Prior to operating, a mobile vendor shall obtain the following:

1. a mobile food facility permit issued by Contra Costa County, if applicable; and

2. a business tax certificate issued pursuant to Chapter 5.04 of this Code; and

3. a mobile vendor permit issued by the City pursuant to this Chapter.

C. The mobile vendor permit application shall be approved or conditionally approved by the Finance Director provided all the following criteria, in addition to any others which may be imposed by the City, have been met:

1. Accurate completion of the application, including submittal of all required information or supporting documentation, including, but not limited to, a currently valid driver’s license for operation of the mobile vending facility;

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2. Payment of all applicable fees, which shall be non-refundable;

3. An affidavit signed by the applicant attesting that the information provided in the application is true and correct and that the applicant is not a registered sex offender and has not been found guilty or pled no contest to any of the following within five years prior to the date of the application: any crime involving driving under the influence of alcohol or other controlled substance; any crime involving reckless driving; any offense resulting in the suspension of a driver’s license; a criminal assault; any child annoyance or sex-related crime; any drug-related misdemeanor or felony; the sale, distribution or display of obscene material; or indecent exposure; and

4. Mobile vendors shall maintain, at all times during which the mobile vending facility is in operation, a policy of $1 million general comprehensive liability insurance as approved by the City and insuring against injury or death of a person and for claims of property damage resulting from the applicant’s use of the public right-of-way. The City and its officials, officers, employees and agents shall be named as additional insureds under such insurance policy. Submission and approval of such insurance shall be a condition precedent to approval and issuance of any permit.

In addition, the mobile vendor shall indemnify, defend and hold the City and its officials, officers, employees and agents harmless from any claims arising out of or related to the vendor’s ownership, operation, or use of its mobile vending facility, except as otherwise permitted by applicable law.

5. Confirmation of compliance with all conditions and requirements of this Chapter.

D. The mobile vendor permit application may be denied (initially or upon application for a renewed permit) for any of the following reasons:

1. Failure to submit a complete application with full application fee;

2. Fraud or misrepresentation made in the application or in the course of operating a mobile vending facility;

3. Being a registered sex offender or having a conviction or plea of no contest in the previous five years of a crime as listed in subsection (C)(3) of this Section;

4. Violation of this Chapter or the terms of the mobile vendor permit.

5. It is determined by the Community Development Director that the operation would not be operated in a compatible, efficient,

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harmonious, nuisance-free, orderly, and safe, manner at all times.

6. In the case of an application for a long-term mobile vending facility or commissary, and only if required by the requirements of Title 17 (Zoning) of the Brentwood Municipal Code to obtain a mobile vendor permit application, the use is not allowed in the underlying zoning district and/or is not an ancillary use on the property.

E. Except in cases of a long-term mobile vending facility or commissary, the term of each mobile vendor permit, unless sooner terminated, suspended or revoked, shall be valid for a calendar year: twelve (12) months, or fraction thereof, from the date of issuance. The term of a permit for a long-term mobile vending facility or commissary shall be specified under Title 17 (Zoning) of the Brentwood Municipal Code. Upon the expiration of such term, and consistent with the other provisions of this Chapter, the holder of such mobile vendor permit may renew the mobile vendor permit for one additional one-year term by submitting a new application, together with any fees that may be required, and by complying with all other terms of this article. All mobile vendor permits issued pursuant to this Section shall expire and have no further force and effect upon the date specified in the permit.

F. A separate health permit and/or mobile vendor permit shall be obtained for each mobile vending facility or commissary even when conducted under the same ownership. A City business tax certificate shall be obtained prior to operating a mobile vending facility; a single business tax certificate may be obtained for multiple mobile vending facilities if they report gross receipts on one set of books.

G. Any business tax certificate and/or mobile vendor permit issued pursuant to this Chapter shall be personal and shall not be assigned, transferred, sold or otherwise conveyed by the person to whom such permit has been issued to any other person; any such attempted assignment, transfer or conveyance shall immediately render such permit void.

H. Each mobile vending facility shall at all times have permanently affixed to the vehicle in a manner designated by the City and any other local regulatory agency evidence of a current and valid mobile vendor permit issued by the City and evidence of a current and valid Contra Costa County mobile food facility permit, when applicable.

Section 5.68.040 Location and Siting Requirements.

A. Generally
All mobile vending facilities shall be located so as not to impede safe movement of vehicular, bicycle or pedestrian traffic, and to maintain a clear line of sight for vehicles, bicycles and pedestrians. No mobile vending facilities shall be located so as to obstruct access to or circulation through any parking lot, or to obstruct access to any public sidewalk or alley. In addition, no commissary may be established without

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complying with all the requirements contained in Title 17 (Zoning) which may include obtaining a temporary use permit under Chapter 17.850.

B. Private Property

1. A mobile vending facility may only operate on private property so long as it is an ancillary use to a permitted use in the zone where the mobile vending is conducted.

2. A mobile vending facility operating on private property shall first obtain written permission from the property owner.

3. A mobile vending facility shall be parked in a parking space on a paved surface outside any designated fire lane and outside any parking or loading space that is required for the principal use on the property. Operating on dirt lots is prohibited.

4. Mobile vending operations shall not reduce the available parking on the property below the minimum number of parking spaces required to serve the existing use(s) on the lot.

5. A total of one (1) mobile vending facilities may be located on a single private property without the need for a Temporary Use Permit issued by the City pursuant to Chapter 17.850 of the Brentwood Municipal Code. A Temporary Use Permit shall be required whenever two (2) or more mobile vending facilities are proposed to be on a single private property at the same time.

6. A mobile vending facility on private property shall be a minimum of one hundred (100) feet from the main entrance to any eating establishment, outdoor dining area, or similar food service business, measured from the location of the mobile vending facility to the commercial structure, unless the mobile vending facility first obtains written permission from the business owner.

7. A mobile vending facility on private property shall be a minimum of three hundred (300) feet from any single-family residentially zoned property, measured from the location of the mobile vending facility to the residential structure.

8. A mobile vending facility may not vend on any private property within the Downtown Specific Plan – Downtown Core District unless approved as part of a Temporary Special Permit.

9. To ensure that a mobile vending facility is ancillary and not a primary use, a mobile vending facility may only vend on a parcel containing a principal building and shall not park, operate, or be placed on a vacant parcel.

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C. Public Right of Way

1. Mobile vending in the public right-of-way is permitted only as set forth in this Section.

2. A mobile vending facility in operation within the public right of way shall be located as follows:
a. A minimum of twenty-five (25) feet from any street
intersection controlled by a traffic light, crosswalk,
or stop sign.
b. A minimum of twenty-five (25) feet from any bus
stop.
c. A minimum of twenty-five (25) feet from any
pedestrian or vehicular entrance to any school
facility. The twenty-five (25) feet distance shall be
measured from the driveway or pedestrian walkway
which is closest to the mobile vending facility. This
prohibition may be waived for special events for
which the City issues a Temporary Special Permit, or
by written permission of the school district or any
other entity which operates the applicable school.
d. Any other reasonable locational requirements
deemed necessary by the City in order to protect the
public health and safety.
e. A minimum of one hundred (100) feet from the main
entrance to any eating establishment, outdoor
dining area, or similar food service business,
measured from the location of the mobile vending
facility to the commercial structure, unless the
mobile vending facility first obtains written
permission from the business owner.
f. A minimum of three hundred (300) feet from any
single-family residentially zoned property, measured
from the location of the mobile vending facility to the residential structure, outside of the hours of 11:00
am to 2:00 pm Monday-Friday and 8:00 am to 9:00
pm Saturday and Sunday.

3. A mobile vending facility operating in the public right-of-way shall, at all times, operate in compliance with the California Vehicle Code, Title 10 (Vehicles and Traffic) of the Brentwood Municipal Code, and all posted parking, stopping, and standing restrictions.

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4. When parked in the designated parking area within the public right of way, a mobile vending facility may only serve customers from the adjacent sidewalk and shall not serve customers from the side of the vehicle closest to the motorized travel lanes of the street or an adjacent parking stall. This would prohibit service in angled parking stalls unless directly abutting a paved pedestrian pathway.

5. A mobile vending facility that operates in the public right-of-way may not stop or park at a location on the street for any longer than allowed by parking restrictions on the street, but in any event may not operate the mobile vending facility for longer than three (3) hours, and shall not return to the same location, or a location within one thousand feet (1000 feet) of the location, within two (2) hours unless approved as part of a Temporary Special Permit.

6. A mobile vending facility may not vend within the public right-ofway within the Downtown Specific Plan – Downtown Core District unless approved as part of a Temporary Special Permit.

Section 5.68.050 Operating Regulations.

To operate lawfully within the City, every mobile vendor must comply with the following standards unless approved as part of a Temporary Special Permit:

A. Mobile vending facilities shall not connect to temporary or permanent on-site water, gas, electricity, telephone, cable sources, or other utilities.

B. Mobile vending facilities shall only operate, stand or park in the public right-of-way as follows:

1. For residential zones, between the hours of 8:00 am and 9:00 pm, except as further restricted in Section 5.68.040(C)(f).

2. For non-residential zones, between the hours of 6:00 am and 12:00 am.

C. Tables, chairs, free-standing umbrellas, and shade structures are prohibited on streets, parking spaces, and on sidewalks.

D. Outside of hours of active operations, mobile vending facilities shall be removed from the operating site, whether on private property or in the public rightof-way. Mobile vending facilities shall not be parked overnight at the location of operation nor at a residential property unless approved as part of a Temporary Special Permit. A mobile food facility must be stored at an approved commissary in accordance with the required permit from Contra Costa County. All commissaries within the City shall comply with all the requirements contained in Title 17 (Zoning) of the Brentwood Municipal Code.

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E. Mobile vendors shall not use any noise amplification or external speakers. Any mobile food facility shall be subject to the requirements of Chapter

9.32 (Noise Regulations) of the Brentwood Municipal Code.

F. Any signage advertising, displaying, or promoting the products and/or services of a mobile vending facility must be permanently attached to or painted on the mobile vending facility. All such signs shall be subject to the provisions of Chapter

17.640 (Sign Ordinance) of the Brentwood Municipal Code. No signs or banners that are separate from the mobile vending facility shall be placed at the operating site or within the public right-of-way.

G. Mobile vendors are prohibited from littering and discharging waste into storm drains. The mobile vendor must remove litter caused by its products from any public and private property within a twenty-five (25) foot radius of the mobile vending facility’s location. All mobile vendors shall provide separate and clearly marked receptacles for trash, recycling, organic waste, and/or compost, according to the collection services available, at the operating site. Mobile vendors shall properly dispose of all trash, recycling, organic waste, and/or compost generated by their operations daily.

H. Mobile vending facilities must have current and valid vehicle registration clearly marked on their vehicle license plates while vending.

I. Mobile vendors must display a valid mobile vendor permit and business tax certificate issued by the City within the vehicle used for vending.

J. Mobile vendors shall maintain, at all times during which the mobile vending facility is in operation, a policy of $1 million general comprehensive liability insurance as approved by the City and insuring against injury or death of a person and for claims of property damage resulting from the applicant’s use of the public right-of-way. The City and its officials, officers, employees and agents shall be named as additional insureds under such insurance policy. Submission and approval of such insurance shall be a condition precedent to approval and issuance of any permit. In addition, the mobile vendor shall indemnify, defend and hold the City and its officials, officers, employees and agents harmless from any claims arising out of or related to the vendor’s ownership, operation, or use of its mobile vending facility, except as otherwise permitted by applicable law.

K. All food products sold, distributed, conveyed, traded, or provided from the mobile vending facility shall comply will all applicable food labeling requirements established by the State of California.

L. Mobile vendors shall not vend alcohol, cannabis, adult-oriented material, tobacco products, products that contain nicotine, any product or device used to smoke/vape nicotine or cannabis, fireworks, or any weapons (including knives, air soft guns, pellet guns, paintball guns, or anything that may resemble a gun).

M. Except for long-term mobile vending facilities which are approved

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through a temporary use permit under Chapter 17.850 , mobile vending shall not occur on the same private property more than a cumulative four (4) days within a thirty-day period unless approved as part of Temporary Special Permit.

Section 5.68.060 Suspension; Rescission.

A. A mobile vendor permit issued under this Chapter may be suspended or rescinded by the City Manager for any cause that would have warranted denial thereof in the first instance, or for failure to comply with any of the provisions of this Chapter or any of the conditions of the mobile vendor permit, including but not limited to fraud or misrepresentation in the course of vending; fraud or misrepresentation in the application for the permit; or vending in a manner that creates a public nuisance or constitutes a danger to the public.

B. Notice of the suspension or rescission of a mobile vendor permit issued under this Chapter shall be mailed, postage prepaid, to the holder of the permit at his or her last known address.

C. No person whose mobile vendor permit has been revoked pursuant to this Chapter shall be issued a mobile vendor permit for a period of two (2) years from the date revocation becomes final.

Section 5.68.070 Appeals to City Manager.

In the event that any applicant or permittee desires to appeal from any denial, suspension, rescission, order, or other ruling of the Finance Director made under the provisions of this Chapter, such applicant, permittee, or other person aggrieved shall have the right to appeal such action or decision to the City Manager pursuant to Chapter 1.12 of this Code. The decision of the City Manager, or his or her designee, on the appeal shall be final and binding on all parties concerned.

Section 5.68.080 Violations; Penalties.

A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this Chapter. A person who violates any provision of this Chapter is guilty of a misdemeanor.

B. This Section is intended to be cumulative to, and not in place of, other rights and remedies available to the City pursuant to the Brentwood Municipal Code and state law, including, but not limited to, commencement of any civil action, the issuance of administrative fines and fees, or administrative action to abate a violation as a public nuisance.

C. The City hereby declares that mobile vending facilities and mobile vendors that are not in compliance with the provisions of this Section are a detriment to the public health, safety, and general welfare and are a public nuisance as defined in Chapter 8.00 (Nuisances) of the Brentwood Municipal Code.

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D. Nothing contained herein shall be construed to impede the City’s or County’s ability to enforce County Health Department codes and regulations.

Section 5.68.090 Severability.

If any provision, clause, sentence or paragraph of this chapter, or application thereof to any person or circumstances, be held invalid by a court of law, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications of the chapter and, therefore, the provisions of this chapter are declared to be severable.

ORDINANCE NO. 1081

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A ZONING TEXT AMENDMENT TO THE
BRENTWOOD MUNICIPAL CODE (RZ 24-004), WHICH WOULD
AMEND CHAPTER 17.850 (TEMPORARY USE PERMITS) TO ADD

REGULATIONS RELATED TO MOBILE VENDING FACILITIES AND

COMMISSARIES
WHEREAS, City staff prepared a zoning text amendment (“the Ordinance”) that would amend Brentwood Municipal Code Chapter 17.850 (Temporary Use Permits) to add regulations related to Mobile Vending Facilities; and WHEREAS, the Ordinance would amend Title 17 (Zoning) of the Brentwood Municipal Code, and the Planning Commission is charged with reviewing amendments to said title prior to their consideration by the City Council; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including mobile vending on both public and private property; and
WHEREAS, the City may regulate mobile food facilities operating in the rightof-way, pursuant to Vehicle Code section 22455 and Health and Safety Code section 114315; and
WHEREAS, vehicles that produce, prepare, cook, and carry food, foodstuffs, food products, and all associated wares and merchandise for purposes of sale on the public streets pose special danger to the public health, safety, and welfare of children and residents in the City; and
WHEREAS, the sale of food, foodstuffs, food products, and all associated wares and merchandise on public streets from vehicles can cause dangerous conditions on the City’s roads and streets through the congregation of large crowds and imposition of the flow of traffic on the public right-of-way. In addition, mobile vending from both public and private property creates the potential for increased safety hazards, such as, but not limited to: inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel; interfering with the performance of police, firefighter, and emergency medical personnel services; encouraging pedestrians to cross mid-block or stand in roadways to purchase food; and creating obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic; and
WHEREAS, the City has the authority to regulate the type of vending, and the time, place, and manner of vending from vehicles upon the street in order to promote public safety; and

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WHEREAS, the City desires to regulate mobile vending, while also safeguarding the flow of pedestrian movement on public and private sidewalks and in the public right-of-way, and ensure no interference with the performance of police, firefighter, and emergency medical personnel services; and WHEREAS, the regulation of mobile vendors engaged in the sale of food and food products will help to ensure that mobile vendors obtain all necessary permits and comply with applicable sanitation, food preparation, and food handling laws, and thereby will protect the public health and safety against health problems such as food contamination, poor hygienic practices, and the threat of food poisoning; and WHEREAS, on August 23, 2024, 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 September 3, 2024, the Planning Commission held a dulynoticed 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 October 11, 2024, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on October 22, 2024, 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 continued the item to a date uncertain; and
WHEREAS, the City published a notice of public hearing in the Brentwood Press on December 20, 2024, in accordance with City policies and Government Code Section 65090 and 65854; and
WHEREAS, on January 14, 2025, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission; and WHEREAS, this amendment is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment since the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. In addition to CEQA Guidelines Section 15061(b)(3), the proposed ordinance is also exempt from CEQA

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pursuant to CEQA Guidelines Section 15311(c), in that the proposed ordinance relates to the placement of seasonal or temporary use mobile food units, in generally the same locations from time to time in areas designed for public use; 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 from CEQA as it applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment since the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. In addition to CEQA Guidelines Section 15061(b)(3), the proposed ordinance would also be exempt from the CEQA pursuant to CEQA Guidelines Section 15311(c) in that the proposed ordinance relates to the placement of seasonal or temporary use mobile food units, in generally the same locations from time to time in areas designed for public use.

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 A1 are consistent with the General Plan, as amended from time to time, insomuch as they are responsive to the changing needs of the local businesses and community. The amendments are consistent with Brentwood General Plan Economic Development Goal ED 1 to “Establish and maintain a healthy, balanced approach to economic development that encourages a diversity of businesses which provide employment, services, and goods.” In addition, the zoning text amendments will help to regulate the type of vending, and the time, place, and manner of vending from vehicles upon the private property and public streets in order to promote public safety.

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SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Brentwood hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 5. Amendment. The Brentwood Municipal Code is hereby amended to update Brentwood Municipal Code Chapter 17.850 (Temporary Use Permits) as provided in Exhibit A, attached hereto and incorporated herein. Revisions to existing sections are reflected in strikethrough for deletions and underline for additions.

SECTION 6. Effective Date. This Ordinance shall become effective March 1, 2025.

SECTION 7. Publication Date. This ordinance shall be published in accordance with Government Code Section 36933. 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.

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THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the City Council of the City of Brentwood on the 14th day of January 2025 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

THE FOREGOING ORDINANCE was adopted with the second reading waived at a regular meeting of the City Council of the City of Brentwood on the 28th day of January 2025 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED

Susannah Meyer
Mayor
ATTEST:

Amanda McVey
City Clerk

Attachment 3

EXHIBIT “A”
Chapter 17.850

TEMPORARY USE PERMITS
§ 17.850.001 Purpose.

This chapter establishes procedures and standards for the granting of temporary use permits for short-term activities on private property. Compliance with applicable standards ensures that the establishment, maintenance, or operation of the shortterm activity would not be detrimental to the public health, safety, and welfare of persons residing or working in the neighborhood of the proposed activity. § 17.850.002 Applicability of provisions.

This chapter shall apply to those uses for which a temporary use permit is required by the zoning ordinance.
§ 17.850.003 Temporary use defined.

A temporary use is defined as "a short-term activity established for a fixed period of time on private property, with the intent to discontinue such use upon the expiration of the permitted time period that does not meet the normal development or use standards of the applicable zone." This definition does not include "special events," as those are defined and regulated in accordance with Title 7. § 17.850.004 Temporary use permit required.

A temporary use shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid temporary use permit in compliance with this chapter, unless otherwise exempt under the provisions of this chapter. § 17.850.005 Review authority.

A. Temporary use permits shall be reviewed and approved or denied administratively by the community development director, in compliance with this chapter.

B. The community development director may refer any permit to the planning commission.

C. The decision of the community development director or planning commission regarding a temporary use permit shall be final, subject to appeal in compliance with Chapter 17.880 (Appeal).

D. No public hearing is required before the community development director's decision on a temporary use permit. A public hearing shall, however, be required for any permit that is referred by the community development director to the planning commission.

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§ 17.850.006 Exempt temporary uses.

The following temporary uses are allowed without the necessity of obtaining a temporary use permit:

A. Construction Yards—On-Site. On-site contractors' construction yards, including one manufactured unit for temporary office use during normal business hours, for an approved construction project that is within the city. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever occurs first.

B. Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the city manager.

C. Events on Sites Approved for Public Assembly. An event on the site of, or within, a golf course, meeting hall/facility, school, theater, or other similar facility designed, and approved by the city for public assembly.

D. Fund-Raising Car Washes.

1. Car washes on property within a nonresidential zone, limited to a maximum of two days per month for each sponsoring organization.

2. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Revenue and Taxation Code.

E. Garage Sales. Garage sales, not to exceed three per year and two consecutive days.
§ 17.850.007 Allowed temporary uses.

The city, through the community development director, may grant a temporary use permit for the following temporary uses on nonresidential properties or on private properties approved with an institutional use, for the specified time limits, but in no event for more than twelve months, except model home complexes and construction yards, which may be approved for any length of time, provided the community development director finds that the use meets any conditions or requirements set forth herein and that the use will not be detrimental to the public health, safety and welfare of persons residing or working in the neighborhood of the proposed activity.

Other temporary uses that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.

A. Agricultural Produce Sales. Retail sales of agricultural produce at produce stands or in a certified farmer's market.

B. Construction Yards—Off-Site. Off-site offices, contractors' construction, corporation, or storage yards for an approved construction project that is within

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the city. The yards shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the construction project, whichever occurs first.

C. Events. Animal rides, art and craft exhibits, bike rodeos, car shows, carnivals, circuses, concerts, egg hunts, fairs, farmer's markets, festivals, flea markets, food events, holiday events, runs, marathons, walk-a-thons, and bike-a-thons or similar activities, open air theaters but excluding drive-in theaters, outdoor entertainment/sporting events, parades, petting zoos, processions, rallies, religious revivals, rodeos, rummage sales, runs, secondhand sales, swap meets, and other similar special events for up to five consecutive days, or six two-day weekends, or twelve individual days, within a twelve-month period, allowed only on non-residentially zoned properties, or on private properties approved with an institutional use.

D. Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the community development director, but not to exceed twelve months.

E. Model Homes. A model home or model home complex may be authorized before the completion of subdivision improvements in compliance with the following standards:

1. Provisions for suitable off-street parking with adequate ingress and egress to serve the model home complex.

2. Provision of suitable landscaping to enhance the model home complex.

3. When the builder submits an application for the final permits to build on the lots utilized for the model home complex, the parking lot and trap fences shall be removed and the driveway slabs shall be poured in front of each of the garages of all model homes. This will require the removal of all landscaping in front of the garages for the model homes.

4. The poured driveway slabs and on-street parking will temporarily serve as the required parking for the model home complex and the sales office may remain in the model until all models in the subdivision have been sold.

5. The sales office shall be converted back to residential use and/or removed before the issuance of the final building permit.

6. The review authority may require other conditions of approval deemed necessary to protect the public health, safety, and general welfare of persons residing or working in the neighborhood.

F. Outdoor Retail Sales within Nonresidential Zones.

1. Sales of merchandise customarily sold on the premises by an established business physically located and doing business at the same location as the

Attachment 3

temporary use. The sales of merchandise are limited to four events per calendar year per business conducting the sale, not exceeding four consecutive days per event.

2. Sales of merchandise not customarily sold on the premises, when the sales will be by an established business physically located and doing business in the city. The entity conducting the temporary sale shall dedicate all retail sales tax collected at the sale to accrue to the city. The sales are limited to four events per calendar year per business conducting the sale, not exceeding four consecutive days per event.

G. Pyrotechnics. Events proposing the use of pyrotechnics.

H. Seasonal Sales Lots. Seasonal sales lots (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers on nonresidentially zoned properties. However, a permit shall not be required when the sales are in conjunction with an established commercial business holding a valid city business license, or produce stands or farmer's markets; provided, the activity shall be limited to forty-five days of operation per calendar year.

I. Temporary Occupancy During Construction.

1. Major Development Projects. Temporary structures on the subject property may be used during the construction phase of an approved major development project (e.g., residential projects with five or more dwelling units or any commercial or industrial project). The structures or property may be used as offices or for the storage of equipment and/or tools, provided the temporary structures and the project itself are located within the city.

2. Minor Development Projects. An existing dwelling unit or a temporary structure on the subject property may be used during the construction phase of an approved minor development project (e.g., residential projects with four or fewer dwelling units). The structure or property may be used as a temporary residence, an office, or for the storage of equipment and/or tools.

3. Appropriate Conditions. The temporary use permit shall contain reasonable and necessary conditions regarding the following matters:
a. Required permits for the provision of sewer, gas, electricity and water services.
b. Provisions for adequate ingress and egress.
c. Provisions for the work to be performed on-site.
d. Provisions for the storage of asphalt, concrete, and dirt at designated sites within the subject property; provided, the applicant furnishes a schedule, acceptable to the community development director, for the periodic disposal or recycling of these materials.

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e. Provisions designed to minimize potential conflicts between the work to be performed on-site and the ordinary business and uses conducted within the city.
f. Length of Permit. The permit may be approved for up to twelve months following the issuance of the companion building permit, or upon completion of the subject development project, whichever occurs first. g. Condition of Site Following Completion. All temporary structures and related improvements shall be completely removed from the subject site following expiration of the temporary use permit or upon completion of the development project, whichever occurs first.

J. Temporary Real Estate Sales and/or Rental Offices. A temporary real estate sales and/or rental office may be established within the area of an approved subdivision, solely for the first sale or rental of homes or units, provided a temporary use permit has been approved for the model home complex and construction of the model homes is being diligently pursued in compliance with subsection E of this section (Model homes). An application for a temporary real estate office may be approved for a maximum of twelve months from the date of approval.

K. Temporary Work Structures/Trailers. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of twelve months from the date of approval, as an accessory use or as the first phase of a development project provided:

1. The use is authorized by a building permit for the mobile unit or trailer, and the building permit for the permanent structure;

2. The use is appropriate because:
a. The mobile unit or trailer will be in place for a maximum of twelve months during construction or remodeling of a permanent approved commercial type structure, or upon expiration of the building permit for the permanent structure, whichever occurs first, or
b. The applicant has demonstrated that the temporary work site is a shortterm necessity for a maximum of twelve months, while a permanent work site is being obtained; and

3. The mobile unit or trailer is removed before final building inspection or the issuance of a certificate of occupancy for the permanent structure.

L. Long-Term Mobile Vending Facilities. A Long-Term Mobile Vending Facility as defined in Chapter 5.68 may be approved for a maximum of twelve months from the date of approval, on private property so long as it is an ancillary use to a permitted use in the zone where the mobile vending is conducted in compliance with the following standards:

Attachment 3

1. Setbacks. Long-term mobile vending facilities must be located at least five feet from the edge of any driveway or public sidewalk, utility boxes and vaults, accessible ramp, building entrance, exit or emergency access/exit way, or emergency call box and be located a minimum distance of 15 feet in all directions of a fire hydrant.

2. Parking Requirements. Long-term mobile vending facilities are only permitted to be parked in a designated parking space(s) on a paved surface outside any designated fire lane. The mobile vending facility and associated seating, if any, shall also be located outside any parking or loading space that is required to fulfill the minimum parking requirements for the principal use on the property, during the principal use's hours of operation.

3. Seating Requirements. All associated tables, seating, and/or shade structures shall be removed at the end of each business day and shall not be permanently erected outside of the mobile vending facilities business hours. In addition, all associated furnishings shall be maintained in a clean manner such that it does not create an unsightly appearance.

4. Utilities. Electric outlet hookups are required to be installed for long-term mobile vending facilities and must be used while the mobile vending facility is on the premises. No generators shall be utilized on-site. If extension cords, hoses or other utilities are required, they shall be safely secured and not impede any path of travel.

5. Accessibility Requirements. Consistent with current California Building Code (CBC) standards, long-term mobile vending facilities must operate in a manner and have access to restrooms, which shall be provided on site and located within a maximum of 50 feet from the proposed long-term mobile vending facility parking location, unless otherwise approved by the community development director. Restrooms shall be provided, at no charge, for customer use during normal business hours and shall be continuously maintained in a clean and sanitary manner.

M. Commissary. A Commissary, as defined in Chapter 5.68, may be approved for a maximum of twelve months from the date of approval, on private property so long as it is an ancillary use to a permitted use in the zone where the commissary is conducted in compliance with the following standards:

1. All associated mobile vending facilities approved to be on the site of a commissary must be directly owned or operated by the commissary.

2. Number of Mobile Vending Facilities per Commissary. No more than two mobile vending facilities may be approved through the Temporary Use Permit process for each commissary.

3. Parking Requirements. The mobile vending facility associated with the commissary is only permitted to be parked in a designated parking space(s) on a paved surface outside any designated fire lane. The mobile vending

Attachment 3

facility and associated seating, if any, shall also be located outside any parking or loading space that is required to fulfill the minimum parking requirements for the principal use on the property, during the principal use's hours of operation.

4. County Approval. Prior to operating, a commissary shall obtain a commissary permit issued by Contra Costa County, if applicable.

L. N. Similar Temporary Activities. A temporary activity that the community development director determines is similar to the other activities listed in this section, and compatible with the applicable zone and surrounding land uses. § 17.850.008 Minor temporary use permit.

Allowed temporary uses, as defined in Section 17.850.007, including annual renewals for long-term mobile vending facilities and commissaries, and occurring entirely upon private property not zoned for residential use or on private property with an approved institutional use and located within an existing development of sufficient size to provide adequate space, circulation and parking for the anticipated attendance, as determined by the community development director, may be permitted with a minor temporary use permit for any time period less than twelve months as approved by the community development director. With the exception of annual renewals for longterm mobile vending facilities and commissaries, which must continue to follow regulations as outlined in Section 17.850.007(L) and (M), all minor temporary use permit approvals may be permitted if the applicant can demonstrate that the following performance standards are met:

A. A minor temporary use permit application shall be completed and submitted to the community development director for approval prior to the start of the shortterm activity.

B. Hours of operation are limited to seven a.m. to ten p.m. daily.

C. Adequate parking for the anticipated attendance shall be provided.

D. All trash generated by the use shall be picked up both on- and off-site at the end of each event.

E. The applicant shall obtain county health department approval and submit such documentation with the application for any food service beyond what is allowed for existing permitted businesses on-site.

F. No consumption or sales of alcohol shall be allowed as part of the event, other than as permitted within existing businesses licensed by the California Department of Alcoholic Beverage Control located within the shopping center.

G. Any amplified sound used at the event or other noise generation activities shall be subject to Chapter 9.32 (Noise Regulations) of the Brentwood Municipal Code.

H. No additional lighting is allowed.

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I. Adequate provision for safety and security measures shall be provided. The applicant shall be responsible for ensuring the safety and welfare of the attendees, as determined by the chief of police or designee. The police department may close the event due to failure to satisfy conditions of the permit.

J. Prior to the event, the applicant shall provide a statement to the city stating that the organizers of the event agree to indemnify, hold harmless, and defend the city, its officers, agents and employees from any and all liability or claims that may be brought against the city arising out of its approval of the minor temporary use permit, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the city's active negligence.

K. The applicant shall adhere to all building and fire codes and obtain any necessary permits and inspections prior to the event.

L. The applicant shall make a good faith effort to work with city staff in addressing any concerns that arise relating to the placement or operation of the event. § 17.850.009 Development standards.

The community development director shall review temporary use permits based on conformance to the following standards and the type of temporary use, using the requirements of the applicable zone, and Chapter 17.820 (Design and Site Development Review) and the specific site zoning standards for guidance:

A. Provision for access, floor areas, landscaping, utilities, and other structure and property development improvements and features.

B. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this title.

C. Unless an alternative time period is specified in Section 17.850.007 (Allowed temporary uses), provision for a fixed period not to exceed twelve months for all temporary uses or structures. The community development director may grant time extensions, provided such time extension is clearly demonstrated as necessary, and regulate operating hours and days.

D. Provision for parking facilities, including vehicular ingress and egress.

E. Regulation of potential nuisance factors (e.g., dirt, dust, glare, light, noise, odors, smoke, and vibration).

F. Regulation of temporary structures and facilities, including buffer areas, height, location of equipment, placement, setbacks, and size.

G. Provision for sanitary facilities.

H. Provision for waste collection and disposal.

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I. Provision for safety and security measures. The chief of police may close the event due to failure to satisfy conditions of the permit.

J. Regulation of signs.
§ 17.850.010 Conditions of temporary use permit approval.

Temporary use permits shall include the following conditions of approval:

A. Provision of a certificate of insurance acceptable to the city's risk manager.

B. Submission of a performance bond or other surety devices, if necessary, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition, to the satisfaction of the community development director.

C. Prior to the event, the applicant shall provide a statement to the city stating that the organizers of the event agree to indemnify, hold harmless, and defend the city, its officers, agents and employees from any and all liability or claims that may be brought against the city arising out of its approval of the minor temporary use permit, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the city's active negligence.

D. Each site occupied by a temporary use shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this title.

E. Other conditions determined by the community development director to ensure the operation of the proposed temporary use in a compatible, efficient, harmonious, nuisance-free, orderly, and safe, manner.
§ 17.850.011 Revocation.

A temporary use permit or minor temporary use permit may be revoked or modified by the community development director when it is determined that any of the following occurs:

A. That circumstances have changed so that one or more of the provisions of this chapter are not being met or complied with.

B. That the temporary use permit was obtained by misrepresentation or fraud.

C. That one or more of the conditions of approval of the temporary use permit have not been met.

D. That the use is in violation of any statute, ordinance, policy, law or regulation.

CITY COUNCIL AGENDA ITEM NO. G.1
01/28/2025
SUBJECT: A zoning text amendment (RZ 24-009) to various sections of the Brentwood Municipal Code, including amending Section

17.030.030, repealing Section 17.100.005, adding Chapter

17.715, and amending Article VIII in compliance with State planning law
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
Adopt an ordinance approving a zoning text amendment (RZ 24-009) to various sections of the Brentwood Municipal Code for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), in compliance with State planning law.

Adoption of the ordinance, which would modify the City’s existing regulatory requirements to be consistent with Article 2, Chapter 13, Division 1, Title 7 of the California Government Code and Article 3 Chapter 13 Division 1 Title 7 of the California Government Code, is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 21080.17 of the Public Resources Code and Section 15282 of the CEQA Guidelines. In addition, amendments to conform to Section 65852.27 of the California Government Code are exempt under the “common sense” exemption, found at CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that adoption of the amendments will have a significant effect on the environment, in that ADUs permitted under the ordinance incorporating these statutory sections will be permitted by state statute regardless of the adoption of the local ordinance.

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

BACKGROUND
The City Council adopted the 2023-2031 Housing Element on February 13, 2024.

One action included in the adopted and certified Housing Element is Action H.1b

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(Accessory Dwelling Units). This action includes the objective to amend the ADU ordinance to comply with State law. Adoption of the proposed ordinance complies with this objective.

Currently, Section 17.100.005 of the Brentwood Municipal Code (BMC) regulates the development of ADUs and JADUs. The California Government Code restricts the scope of regulations and approval process that local jurisdictions may impose on ADUs and JADUs. The State ADU law is frequently amended by the legislature, with the most recent applicable amendments including the following: AB 1332 (2023), AB 976 (2023), SB 1211 (2024), AB 2533 (2024), and SB 477 (2024). The revisions proposed by the ordinance also reflect the guidance provided in the California Department of Housing and Community Development's (HCD) January 2025 Accessory Dwelling Unit Handbook. Staff identified the changes that need to be incorporated into the BMC, and they are included in the draft ordinance.

The Planning Commission held a public hearing on December 3, 2024, to consider the draft ordinance. The City received a written comment from California Housing Defense Fund (CalHDF) on November 27, 2024 regarding the parking requirements and foundation requirements for ADUs in the draft ordinance. CalHDF stated that requiring permanent foundations is an impermissible standard for ADUs since it is not discussed in Government Code Section 66314. City staff disagrees that permanent foundations cannot be required for ADUs; Government Code Section 66314(b) grants local agencies the authority to impose objective standards on ADUs. However, City staff removed the requirement that ADUs be developed on permanent foundation from the draft ordinance with the recognition that the ADUs will have to meet applicable requirements under the building code.

CalHDF presented two concerns with regards to parking requirements. The first concern was that the following language could be read as prohibiting more than one parking space per ADU: "Required parking shall not exceed one parking space per ADU." City staff believes it is clear that "required parking" refers to the amount of parking the City can require, not the amount of parking that a developer can voluntarily provide.

Finally, CalHDF highlighted that parking cannot be required for state exempt ADUs.

CalHDF's interpretation of this parking requirement is consistent with the 2025 HCD Accessory Dwelling Units Guidelines, thus City staff revised the ordinance to remove the requirement that “state exempt ADUs” provide a parking space.

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The Planning Commission expressed significant concerns about the draft ordinance, and in particular how it would continue to decrease local control. Ultimately, the Planning Commission unanimously adopted a motion to decline making a recommendation that the City Council adopt the ordinance consistent with State law.

PROJECT DESCRIPTION
State law mandates that local agencies consider and approve without discretionary review or hearing (“ministerially approve”) ADUs and JADUs that meet specified objective standards. The City currently has an ordinance that regulates the development of ADUs and JADUs; however, the City must amend it in order to comply with the most recent version of the State law.

Summary of Relevant Statutory Provisions and Substantive Revisions

1. The amendments update definitions to clarify that ADUs can be developed by converting space in a primary or accessory structure. The definitions have also been updated to include "livable space" (SB 1211). The term livable space is used to define what space in a multi-family dwelling can be converted to ADUs.

A definition of "state exempt ADU" has been added to address ADUs that are exempt from certain development and design standards (§ 17.030.030 Definitions; § 17.715.030.). The amendments further clarify that state exempt ADUs do not have to comply with the local development or design standards (§ 17.715.050(C), (F)).

2. The ordinance will repeal the existing accessory dwelling unit ordinance (§

17.100.005) that exists in the Residential Zones and add a chapter to Supplemental Regulations (Chapter 17.715). This change is proposed because housing is also permitted in some Commercial Zones and Planned Development Zones and thus accessory dwelling units are not limited to Residential Zones. Notably, the proposed amendment removes existing references to ADUs or secondary units from various PD zones and replaces those references with a widely-applicable requirement in the Planned Development Zones General Regulations (§ 17.450.003 Permitted uses).

3. The proposed amendments update references to the State statute. SB 477 (2024) renumbered the ADU and JADU statutes from Government Code sections 65852.2 and 65852.22 to Government Code sections 66310, et seq.

4. State law only allows for the ministerial review of qualifying ADU and JADU permit applications. The proposed ordinance amendment will streamline the ADU/JADU approval process by removing the "ADU permit" requirement such

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that ADUs and JADUs will be reviewed solely through the building permit process (§ 17.715.040(A)).

5. As of January 1, 2025, the City is required to have a pre-approved ADU program that allows applicants to submit a plan for pre-approval. Those plans and the contact information are posted on the City's website. AB 1332 (2023) requires jurisdictions to review ADU applications within 30 days if the applicant is using pre-approved plans (§ 17.715.040(B)). Without pre-approved plans, the review period for an ADU application is 60 days.

6. HCD interprets the State law to allow multiple categories of State exempt ADUs on one property:
 For a property with a proposed or existing single-family dwelling, this would allow for one detached State exempt ADU, one conversion State exempt ADU, and one JADU.
 For a property with an existing multi-family dwelling, this would allow the number of ADUs equivalent to 25% of units in the existing multifamily dwelling and up to either (a) eight detached ADUs, or (b) the number of existing units in the existing multi-family dwelling, whichever is less. For a property with a proposed multi-family dwelling, this would allow up to two detached ADUs.

The proposed amendment incorporates HCD's interpretation of the number of State exempt ADUs allowed on a property, as well as the revisions required under SB 1211 (2024), which increases the number of detached ADUs allowed on a lot with an existing multi-family dwelling from two to up to eight, provided the number of ADUs does not exceed the number of existing units in the existing multi-family dwelling.

7. AB 2533 (2024) requires jurisdictions to permit unpermitted ADUs and JADUs even if those units violate building standards and/or State and local standards applicable to ADUs or JADUs, as applicable. In order to deny a permit for an existing unpermitted ADU or JADU, the City would have to make a finding that correcting the identified violation is necessary to comply with California Health and Safety Code section 17920.3 (§§ 17.715.050(C), (G)(3)). The City's existing ordinance has an amnesty permitting program for unpermitted ADUs and JADUs. This amendment changes the scope of unpermitted ADUs/JADUs that may qualify for this amnesty permitting process to include ADUs/JADUs constructed prior to January 1, 2020 or at any time after January 1, 2020 during which this local ordinance was not compliant with Government Code Sections 66310 et seq. Previously, only unpermitted ADUs/JADUs in existence at the time of the ordinance adoption qualified for the amnesty permitting

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01/28/2025
process. The amendment also removes the requirement that the ADU/JADU comply with the ADU ordinance, as required by State law.

8. Government Code § 66331 requires local agencies, upon request by the owner, to delay the enforcement of a building standard for ADUs built prior to January 1, 2020 or built when the City had a noncompliant ADU ordinance unless the Chief Building Official or designee makes findings that correcting a building standard violation is necessary to comply with the standards provided in Health and Safety Code Section 17920.3. This language was incorporated into the ordinance section discussing the building and fire code requirements for ADUs/JADUs (§ 17.715.050(G)(5)).

9. HCD interprets the statute to prohibit local jurisdictions from requiring a deed restriction as a requirement for approving an ADU since it is not explicitly required in the statute. Thus, the proposed amendment will only include the required deed restrictions that the statute allows jurisdictions to impose on JADUs (§ 17.715.050(I)).

10.AB 976 (2023) makes permanent the prohibition on owner occupancy requirements for ADUs. Thus, the proposed amendment removes owner occupancy requirements for ADUs that were set to go into effect January 1, 2025. The ordinance will retain the owner occupancy requirement for JADUs (§ 17.715.050(L)).

11.Under the existing ordinance, when a parking structure is converted or destroyed in the construction of an ADU, the lost parking is not required to be replaced. The proposed amendment will expand the type of parking that will not have to be replaced to include covered parking and uncovered parking (§

17.715.050(M)(2)(d)).

12.The proposed ordinance incorporates HCD interpretation of the statute, which prohibits local jurisdictions from requiring parking for State exempt ADUs.

ANALYSIS
General Plan/Zoning Ordinance Consistency
Pursuant to Government Code Section 65852.2(a)(1)(C), the draft ordinance is consistent with the City’s General Plan and Zoning Ordinance, as it does not exceed the allowable densities for each designation and ADUs are a residential use.

Conformance with the Housing Element
The draft ordinance is in conformance with the City’s certified 6th Cycle Housing Element Update, which establishes support of and accommodation for ADUs and

CITY COUNCIL AGENDA ITEM NO. G.1
01/28/2025
JADUs as a priority during the 2023-2031 planning period. The Housing Element sets goals and priorities of community housing needs based on the Regional Housing Needs Assessment (RHNA). Below is an excerpt from the Housing Element (page 4- 3) related to one of the implementing actions adopted by the City Council:

Action H.1b: Accessory Dwelling Units
The City is projecting 14 ADUs per year throughout the planning period – this is based on development trends since 2019 and does not exceed the total average. The City shall support and accommodate the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) during the 2023-2031 planning period to meet projection figures detailed in Appendix B of this Housing Element.

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

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

CITY COUNCIL AGENDA ITEM NO. G.1
01/28/2025

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
The City published a notice of public hearing in the Brentwood Press on January 3, 2025.

ENVIRONMENTAL DETERMINATION
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code, Section 15282 of the CEQA Guidelines, and Section 15061(b)(3) of the CEQA Guidelines.

ALTERNATIVE OPTION
Alternative option to staff’s recommendation:

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

ATTACHMENTS

1. Previous Actions

2. Draft Ordinance

3. Exhibit A to Draft Ordinance

4. Excerpt from ADU Ordinance – New Chapter 17.715

ATTACHMENT 1

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

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

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

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

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

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

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

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

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

On December 3, 2024, the Planning Commission held a public hearing to consider the draft ordinance. The Planning Commission unanimously adopted a motion to decline making a recommendation that the City Council adopt the ordinance.

1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A ZONING TEXT AMENDMENT
(RZ 24-009) TO VARIOUS SECTIONS OF THE BRENTWOOD

MUNICIPAL CODE, INCLUDING AMENDING SECTION

17.030.030 (DEFINITIONS), REPEALING SECTION

17.100.005 (ACCESSORY DWELLING UNITS), ADDING
CHAPTER 17.715 (ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS), AND AMENDING

ARTICLE VIII (PLANNED DEVELOPMENT ZONING

REGULATIONS) IN COMPLIANCE WITH STATE PLANNING
LAW AND TO IMPLEMENT ARTICLE 2, CHAPTER 13,
DIVISION 1, TITLE 7 OF THE GOVERNMENT CODE AND
SECTION 65852.21 OF THE GOVERNMENT CODE
WHEREAS, the California Legislature requires cities to permit accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) in compliance with Article 2, Chapter 13, Division 1, Title 7 of the California Government Code; and
WHEREAS, the California Legislature authorizes cities to adopt and administer an ordinance to regulate ADUs and JADUs in compliance with Chapter 13 Division 1 Title 7 of the California Government Code; and WHEREAS, the California Legislature has recently approved, and the Governor has signed into law, various bills amending sections of Article 2, Chapter 13, Division 1, Title 7 of the California Government Code to reduce barriers, streamline approval processes, and increase development and availability of ADUs and JADUs; and
WHEREAS, the City of Brentwood, California (the “City”) is committed to updating the Brentwood Municipal Code (BMC) so that it is consistent with State law; and
WHEREAS, the City Council adopted the 2023-2031 Housing Element on February 13, 2024 which includes the objective to amend the ADU ordinance to comply with State law and the adoption of the proposed ordinance complies with this objective; and
WHEREAS, staff has prepared a proposed ordinance modifying various sections of the Brentwood Municipal Code, including amending section

17.030.030 (Definitions), repealing section 17.100.005 (Accessory Dwelling Units), adding chapter 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units), and amending Article VIII (Planned Development Zoning Regulations) (collectively, “the proposed ordinance”) for this purpose; and

2 WHEREAS, the proposed ordinance amendment is part of a larger-scale goal relating to broad, quality of life issues in the city, including such things as the opportunities to provide affordable housing to meet General Plan housing objectives and to protect property values and the integrity of neighborhoods; and
WHEREAS, the ordinance would amend Title 17 (Zoning) of the BMC, and the Planning Commission is charged with reviewing amendments to said title prior to their consideration by the City Council; and WHEREAS, the Planning Commission held a duly and properly noticed public hearing on December 3, 2024 to consider the draft ordinance. While no public comments were provided, the Planning Commission expressed significant concerns about the draft ordinance, and in particular how it would continue to decrease local control. Ultimately, the Planning Commission unanimously adopted a motion to decline making a recommendation that the City Council adopt the ordinance; and
WHEREAS, the City published a notice of public hearing in the Brentwood Press on January 3, 2025, in accordance with City policies and Government Code Section 65090; and
WHEREAS, this amendment is exempt from the California
Environmental Quality Act ("CEQA") because it is for the purpose of conforming to Article 2, Chapter 13, Division 1, Title 7 and Article 3 Chapter 13 Division 1 Title 7 of the California Government Code, which is statutorily exempt from CEQA under Public Resources Code Section 21080.17. In addition, amendments to conform to Section 65852.27 of the California Government Code are exempt under the common sense exemption, found at CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that adoption of the amendments will have a significant effect on the environment, in that ADUs and JADUs permitted under the ordinance incorporating these statutory sections will be permitted by state statute regardless of the adoption of the local ordinance.

NOW, THEREFORE, the City Council of the City of Brentwood does ordain as follows:

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

SECTION 2. CEQA. This amendment is exempt from the California Environmental Quality Act ("CEQA") because it is for the purpose of conforming to Article 2, Chapter 13, Division 1, Title 7 and Article 3 Chapter 13 Division 1 Title 7 of the California Government Code, which is statutorily exempt from CEQA under Public Resources Code Section 21080.17. In addition, amendments to conform to Section 65852.27 of the California Government Code are exempt under the common sense exemption, found at CEQA

3 Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that adoption of the amendments will have a significant effect on the environment, in that ADUs and JADUs permitted under the ordinance incorporating these statutory sections will be permitted by state statute regardless of the adoption of the local ordinance.

SECTION 3. ZONING TEXT AMENDMENT. 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 City Council finds that the proposed amendment to the Zoning Ordinance is consistent with the General Plan, which is the City’s community development plan, and will comply with State requirements.

In particular, the proposed amendment implements General Plan Land Use Policy LU 2-8 (‘Provide for a variety of residential products through the Zoning Ordinance in order to accommodate the housing needs of all segments of the city’s population’) in that it will allow for the development of housing accessible to all segments of Brentwood’s population. The amendment also implements Action H.1b: Accessory Dwelling Units from the General Plan’s Housing Element, which requires (among other things) an ordinance addressing accessory dwelling units that is compliant with State law by January 2025.

Moreover, the amendment will not impede the City’s ability to meet its General Plan goals, and the amendment is necessary to carry out the purposes of the Brentwood Municipal Code, including the orderly planned use of land resources. Finally, the amendment is neither inappropriate nor otherwise contrary to the public interest, as it serves the vital public interest in facilitating housing development and implements State requirements governing this matter.

SECTION 4. Amendment. Section 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units) is hereby repealed. In addition, Title 17 of the Brentwood Municipal Code is hereby amended as shown in Exhibit A to this ordinance (attached hereto and incorporated herein), including amending Section 17.030.030 (Definitions), adding Chapter 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units), and amending Article VIII (Planned Development Zoning Regulations) in compliance with State planning law.

Revisions to existing and added sections are reflected in strikethrough for deletions and underline for additions.

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

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

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

The foregoing ordinance was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 28th day of January, 2025, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:
_______________________________
Susannah Meyer
Mayor
ATTEST:
_____________________________
Amanda McVey
City Clerk

1 EXHIBIT A TO
CITY COUNCIL ORDINANCE NO. ____
REZONE NO. 24-009
The following definition in Brentwood Municipal Code Section 17.030.030 (Definitions) is amended as follows:
"Accessory dwelling unit or ADU" means an attached or a detached residential dwelling unit, a detached residential dwelling unit, or a conversion of space to a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

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

2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code.

Brentwood Municipal Code Chapter 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units) is hereby added as follows:

17.715. ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS.

17.715.010.

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

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

C. One JADU that satisfies the requirements of this Chapter 17.715 is allowed on a legal lot that is zoned RE, R-1-E, R-1, or a PD zone that is a single-family residential zone.

17.715.020. Effect of Conforming.

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

A. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located;

2 B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located;
C. Considered in the application of any local ordinance, policy, or program to limit residential growth;
D. Required to correct a nonconforming zoning condition, as defined in Section 17.715.030 below.

17.715.030. Definitions.

As used in this section, terms are defined as follows:
"Accessory dwelling unit" or "ADU" means an attached residential dwelling unit, a detached residential dwelling unit, or a conversion of space to a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
"Attached" means a building shares a common wall, in whole or in part, with a single-family dwelling or multifamily dwelling.
"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
"Conversion" means converting space within a proposed or existing single-family dwelling, an existing multifamily dwelling, an existing accessory building that was legally constructed, or in the same location and to the same dimensions as an existing accessory building that was legally constructed in accordance with any applicable building permits for use as an accessory dwelling unit. Where an accessory building is converted to an accessory dwelling unit on a parcel containing a single-family dwelling, conversion includes an increase of up to an additional one hundred fifty square feet to accommodate ingress and egress. "Detached" means a building not structurally part of and not sharing a common wall or any other attachment other than utilities with a single-family dwelling or multifamily dwelling.
"Efficiency kitchen" means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Efficiency unit" has the same meaning as defined in Section

3 17958.1 of the California Health and Safety Code.
"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. It is no more than five hundred square feet in size. b. It is contained entirely within an existing or proposed single-family dwelling. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the singlefamily dwelling. c. It includes an exterior entrance separate from the exterior entrance for the single-family dwelling.
d. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family dwelling. e. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single- family dwelling in addition to an exterior entrance that is separate from the main entrance to the single family dwelling.
f. It includes an efficiency kitchen, as defined above. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory building.
"Nonconforming zoning condition" means a "nonconforming facility" as defined in Section 17.610.003(D) and refers to a physical improvement on a property that conformed with zoning when constructed but does not conform with current zoning standards.
"Primary dwelling" means the proposed or existing single-family dwelling or multifamily dwelling on the lot.
"Proposed dwelling" means a dwelling that is the subject of a building permit application and that meets the requirements for permitting. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
"Setback" as used in this section means the distance between the exterior wall of the ADU, which includes any and all appurtenant features, to the property line.
"State exempt ADU" means an ADU that meets the requirements provided in Section 17.715.050(B) below.

4 "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

17.715.040. Approval Process.

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

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

B. Process and Timing.

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

2. The city must approve or deny an application to create an ADU or JADU within sixty days from the date that the city receives a completed application.

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

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

17.715.050. General Requirements.

A. Number of ADUs and JADUs Per Lot.

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

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

B. Any ADU that meets satisfies the requirements of one of the following

5 subsections (B)(1)-(4) is a “state exempt ADUs”. State exempt ADUs shall be ministerially permitted on a lot and are not required to meet the additional development and design standards in the underlying zoning district or in subsection (C), (F), or (M) below, unless otherwise specified:

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

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

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

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