CITY COUNCIL AGENDA ITEM NO. F.5
08/11/2026
SUBJECT: Encroachment Permit Process and Potential Council-Initiated Call for Review
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer
TITLE/RECOMMENDATION
Receive information regarding the City’s encroachment permit process, including applicable responsibilities under the Municipal Code and provide direction regarding whether staff should prepare a Municipal Code amendment establishing a Councilinitiated call-for-review process.
FISCAL IMPACT
There is no direct fiscal impact associated with receiving this informational report. If the City Council directs staff to prepare and administer a call-for-review process, the City would incur additional staff costs. The amount is not known at this time and would depend on the scope of the process and the number of permits called for review.
BACKGROUND
The City of Brentwood regulates construction activities occurring within the public right-of-way through the issuance of encroachment permits. The public right-of-way is defined in Brentwood Municipal Code Section 12.08.010 to include land or airspace reserved for and dedicated to the City or the general public for street, walkway, utility or other public purposes. The purpose of an encroachment permit is to ensure that work performed within these public areas is conducted safely, protects existing public infrastructure, maintains access for the traveling public, and restores City facilities in accordance with adopted engineering standards. Encroachment permits can be issued to any person or entity, including utility companies, contractors, developers, landscaping companies, public agencies, or property owners proposing work within the public right of way.
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An encroachment permit does not authorize, regulate, or approve construction occurring on private property, nor does it constitute approval of the overall private development or project associated with the work. Activities occurring entirely on private property remain subject to other applicable permits and approvals administered by the City or other responsible agencies.
The City issues an average of 200 Encroachment Permits per calendar year, each subject to approval by the City Engineer.
Authority
The authority to issue encroachment permits is established by Chapter 12.08 of the Brentwood Municipal Code and other applicable provisions of the City's Municipal Code. Chapter 12.08 authorizes the City Engineer to issue encroachment permits, impose conditions necessary to protect the City and public health, safety, and welfare, and ensure that work performed within the public right-of-way complies with applicable laws, adopted engineering standards, and established construction requirements.
The City's authority under an encroachment permit generally does not extend to regulating improvements located entirely on private property, except to the extent such improvements directly affect the public right-of-way or are otherwise subject to separate City authority.
Prior to issuance of an encroachment permit, the City Engineer requires applicants to submit plans, specifications, traffic control measures, insurance, bonds, fees, and other documentation necessary to ensure that the proposed work complies with applicable laws, regulations, and City standards. The Encroachment Permit Application (Attachment 2) provides details regarding the City’s standard submittal requirements. The City Engineer may require additional information based on the location, nature, dimensions, duration, or purpose of a proposed encroachment.
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The following table provides examples of activities that are generally within or outside the scope of an encroachment permit.
Within the Scope of an
Encroachment Permit
Outside the Scope of an
Encroachment Permit
Street pavement Building construction
Sidewalks House or commercial building
Curb and gutter Site grading on private property
Driveway apron Landscaping on private property
Utility trench Private utility lines beyond the ROW
Traffic control Architectural design
Pavement restoration Land use entitlements
Construction means and methods on
private property
Administrative Review and CEQA Classification
Encroachment permits are administrative permits issued by the City Engineer pursuant to the authority delegated under Chapter 12.08 of the Municipal Code.
Applications are reviewed for compliance with the Municipal Code, applicable engineering standards, the Engineering Procedures Manual, approved improvement plans, construction specifications, and conditions necessary to protect City property and public health, safety, and welfare.
The City's review focuses on evaluating whether the proposed encroachment and its effects on the public right-of-way satisfy the adopted requirements and whether conditions are necessary to protect the City and public health, safety, and welfare.
The encroachment permit review process does not extend to the merits of the associated private development or construction occurring outside the public right-ofway, except to the extent that separate City authority applies.
Administrative review by the City Engineer promotes consistent application of adopted standards, timely project delivery, and efficient administration of work occurring within the City's transportation network and public-right-of-way while preserving the City Council's role in establishing policy through the adoption of ordinances and regulations.
Separating policymaking from permit administration reduces the potential for inconsistent decision-making, promotes equitable treatment of applicants, preserves
CITY COUNCIL AGENDA ITEM NO. F.5
08/11/2026
the technical integrity of engineering decisions, and reduces the administrative costs associated with processing routine permits.
Chapter 12.08 currently grants the City Engineer discretion to impose conditions deemed necessary and to deny a permit if the proposed encroachment conflicts with Chapter 12.08 or may adversely affect public health, safety, or welfare. (BMC §§
12.08.070, 12.08.100.)
The CEQA classification of an encroachment permit depends on the authority actually exercised in connection with the particular permit. Individual permits may qualify as ministerial when approval does not require the exercise of independent judgment.
Ministerial projects are exempt from CEQA, but an agency may not categorically classify all permits as ministerial when the governing law confers relevant discretionary authority. (Pub. Resources Code § 21080(b)(1); CEQA Guidelines §§ 15002(i), 15268; Protecting Our Water & Environmental Resources v. County of Stanislaus (2020) 10 Cal.5th 479, 495–503.)
Any ordinance establishing a Council-initiated call for review process would need to be evaluated to determine whether it would change or expand the discretion applicable to encroachment permit decisions.
Appeals
Pursuant to Brentwood Municipal Code Section 12.08.320 Appeals, an applicant may appeal the decision of the City Engineer concerning the denial or terms and conditions of an encroachment permit to the City Council. The applicant must file a Notice of appeal with the City Clerk within ten days after final action of the City Engineer concerning the permit application. In reviewing the appeal, the City Council may deny the appeal, grant the appeal, or grant the appeal subject to terms and conditions necessary to protect the City and the public. The City Council’s action on the appeal is final.
Brentwood Municipal Code Section 12.08.200 further provides that an applicant’s acceptance of an issued permit constitutes a waiver of the right to appeal the permit conditions.
An appeal is not intended to provide an opportunity to seek relief from adopted standards or to challenge City policy. An appeal under Section 12.08.320 concerns the City Engineer’s encroachment permit decision and does not create additional authority over private development or other matters outside the scope of Chapter
12.08. City Council remains bound by applicable law when considering an appeal.
CITY COUNCIL AGENDA ITEM NO. F.5
08/11/2026
To date, the City has no record of any appeals filed by applicants regarding encroachment permit decisions or conditions of approval.
Council-Initiated Call for Review
The existing Municipal Code authorizes an applicant to appeal an encroachment permit decision but does not authorize a Councilmember or the City Council to initiate review of an encroachment permit decision. Should the City Council desire additional oversight of certain encroachment permit decisions, the Council could establish a call for review process through an amendment of the Municipal Code.
Any call for review should be limited to the encroachment permit decision and matters within the City’s authority under Chapter 12.08. The review should not extend to construction occurring on private property, approved development entitlements, architectural design, land use decisions, building permits, or other aspects of a private project that are outside the scope of the encroachment permit.
The Council's review should be confined to questions such as:
Whether the proposed work within the public right-of-way complies with the Municipal Code, applicable engineering standards and the Engineering Procedures Manual;
Whether the permit conditions are sufficient to protect public health, safety, and welfare and City property;
Whether temporary traffic control, pedestrian access, emergency access, and other public access requirements are appropriate; and
Whether the proposed work would cause material impacts to City infrastructure or transportation operations.
Construction activity occurring exclusively on private property would remain outside the scope of City Council review under Chapter 12.08, except to the extent the activity directly affects the public right-of-way.
If the City Council directs staff to establish a Call for Review process, eligibility should be limited to Encroachment Permits involving exceptional circumstances affecting the public right-of-way and the eligibility standards should be objective to the extent practicable and could include:
Significant or extended impacts to major streets such as arterial and collector streets;
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Long-term closures or obstructions of public streets or sidewalks that would materially impair pedestrian, bicycle, transit, emergency, residential, or commercial access;
Significant impacts to public access, City infrastructure, or transportation operations; or
Novel interpretations of Municipal Code provisions governing work within the public right-of-way.
The eligibility criteria should expressly state that a call for review may not be initiated solely because of disagreement with the associated private development, the use of private property, architectural design, construction methods on private property, or other matters outside the City's authority under the encroachment permit.
Recommendation
Staff recommend maintaining the current administrative encroachment permit process under Chapter 12.08 without establishing a Council-initiated call-for-review process. If the City Council elects to establish a Council-initiated call for review process, staff further recommend that the Municipal Code expressly limit the scope of review to activities occurring within the public right-of-way and to matters within the City's jurisdiction under the encroachment permit. The amendment should also establish objective eligibility criteria, filing deadlines, the effect of a call for review on an issued or pending permit, hearing procedures, and the applicable scope and standard of review (e.g. de novo or limited to the administrative record). Such limitations would preserve the distinction between administration of public right-ofway permits and regulation of private development, support the efficient administrative processing of routine permit applications, and provide clear expectations regarding the respective roles of the City Council and the City Engineer.
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.5
08/11/2026
ENVIRONMENTAL DETERMINATION
Receiving this informational report and providing preliminary direction to staff are not a project under the California Environmental Quality Act because those actions will not result in a direct or reasonably foreseeable indirect physical change in the environment. (CEQA Guidelines § 15378(b)(5).) Any future Municipal Code amendment will be evaluated separately for compliance with CEQA before adoption.
ALTERNATIVE OPTION(S)
The City Council may:
1. Receive the report and take no further action;
2. Direct staff to prepare a Municipal Code amendment establishing a Council-initiated call-for-review process and provide direction regarding the proposed process; or
3. Provide other direction to staff.
ATTACHMENT(S)
1. Previous Action
2. Encroachment Permit Application
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 March 10, 2026 the City Council considered a future agenda item request from Council Member Mendoza to return with an informational report outlining the City’s encroachment permit process and to evaluate and present options for establishing a Council-initiated call for review process.
Encroachment Permit Engineering Department
Effective: July 1, 2007
Revised: April 8, 2022
150 City Park Way, Brentwood, CA 94513 (925) 516-5420 Voice (925) 516-5421 Fax Page 1 / 2 mi/04/08/2022 4:53 PM AP-D Encroachment Permit.v2
Permit No.: ____________________ Expiration Date: ____________________ Applicant:
Contact Name:
Address:
Phone:
Email:
Contractor License No.:
Contractor:
Contact Name:
Address:
Phone:
Email:
Business License No:
Location of Work:
Cross Street:
Cost Estimate:
Estimated Completion Date:
Description of Work:
By checking this box, I hereby certify that all information provided in this application is true and complete and I agree to comply with the below conditions attached to the permit and on the reverse side hereof.
Applicant’s Signature:__________________________________ Date:____________________ To Be Completed by City:
Applicable Standard Details and Special Provisions Notes:
• 48 hours prior to construction, contact the Inspector: _______________________________________________ • All work shall be performed weekdays between the hours of: _________________________________________ • All existing improvements and any which are damaged or removed during the course of construction shall be replaced in kind.
• All construction shall be in accordance with the City of Brentwood Standard Plans & Specifications. • All debris within public right-of-way shall be removed at the end of each day. •
FEE CALCULATION
Processing: $
Inspection Fee: $
Bond: $
Other: $
Total Fee: $
PERMIT APPROVED:
________________________________________________
City Engineer Date
WORK ACCEPTED:
________________________________________________
Engineering Inspector Date
Please select: 0.00
150 City Park Way, Brentwood, CA 94513 (925) 516-5420 Voice (925) 516-5421 Fax Page 2 / 2 kd/04/08/2022 4:53 PM AP-D Encroachment Permit.v2
ENCROACHMENT PERMIT NOTES
PER CHAPTER 12.08 OF TITLE 12 OF THE CITY OF BRENTWOOD MUNICIPAL CODE, ENGINEERING PROCEDURES MANUAL AND STANDARD PLANS & SPECIFICATION
1. Permittee shall notify an Engineering inspector to set up a pre-construction meeting at least 48 hours prior to the start of any work. The name and phone number of the assigned inspector will be provided on the permit. This condition also applies to restart of the job when closed down by rain or other reasons for more than 10 days.
2. The permittee shall begin the work or use authorized by this permit within 30 calendar days from date issuance, unless a different period is stated in the permit. If the work or use is not begun accordingly, then the permit shall become void.
3. The permittee shall complete the work or use authorized by a permit issued pursuant to this chapter within the time and according to the terms specified in the permit. If work is unduly delayed by the permittee and if the interest of the public reasonably so demand, the city engineer shall have authority to complete the work or any portion thereof. The actual cost is such work by the city plus twenty percent as an overhead charge shall be charged to and paid by the permittee or his surety.
4. The permittee shall keep this permit at the site at work and the permit must be shown to any authorized representative of the City of Brentwood or the law enforcement officer on demand.
5. Permits shall be issued only to the person making application therefore and may not be assigned to another person or location by the permittee. If any permittee assigns his permit to another person or another location, the permit shall become void.
6. The Permittee shall be responsible for all liability for personal injury or property damage which may result from work permitted and done by the permittee or the failure of permittee to perform its obligations under the permit. If any claim of liability is made against the City, its officers or employees, the permittee shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law.
7. The applicant must file with the City Engineer a form approved by the City that is payable to the City of Brentwood in an amount equal to the cost of the work, up to a 20% contingency. Upon satisfactory completion of all work and receipt of a Maintenance Bond in amount up to 20% of the cost of the work, the original form of security will be released. The Maintenance Bond will be held for a period of one (1) year. The City may proceed against the security posted for actual costs incurred by the City associated with any non-compliance by applicant/permittee for permit or project conditions. In the event of a bond having been posted, the City may proceed against the surety and principal for the actual cost to the City plus 20%.
8. The permittee will provide and maintain insurance in the following types with the following limits:
General Permittee
a) Commercial Liability Insurance, occurrence form, with a limit of not less than $1,000,000.00-$2,000,000.00 (dependent upon the size of the project) each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this permit or b e no less than two (2) times the occurrence limit. A Certificate of Liability shall be submitted with the City of Brentwood as Additional Insured. It must also include the Additional Insured Endorsement, without the Endorsement the Insurance will be considered invalid. b) Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000.00 each occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
c) Workers Compensation in at least the minimum statutory limits. d) Employers’ liability insurance, with minimum limits of $1 million per occurrence.
Homeowner Permittee
a) At the City’s discretion, the City of Brentwood may allow copies of Home Owner Insurance certificates for review and file dependent upon the size and scope of work being proposed.
9. Any encroachment permit may be revoked at any time at the option of the City Engineer, whenever:
(1) It appears to the City Engineer that the continuing allowance of the encroachment, whether because of changed conditions or otherwise, interferes with the full, adequate or safe public use of the right-of-way or watercourse involved: and/or (2) The permittee fails to comply with or violates any City Ordinance, City standards, safety regulations, or any condition of issuance of the permits.
10. Upon revocation of the permit, the permittee shall immediately restore the public right-of-way or watercourse to a condition as required by the City Engineer. If the restoration is not completed within the time specified by the City Engineer, the City may take any and all necessary action so required to restore the right-of-way or watercourse. Any and all costs incurred by the City for the enforcement of this Section shall be at the expense of the permittee. Cost incurred by the City will be deducted from any deposits and/or bonds posted by the permittee and, if necessary, recovered by legal action.
11. The City Engineer is designated as the enforcement authority for violations determined at his/her sole discretion. Enforcement actions shall be as outlined in City Policies and procedures.
Notwithstanding any City procedure that may be in effect, violations deemed an issue of public health or safety may be subject to immediate work stoppage.
12. Notify Underground Service Alert 48 hours prior to any excavation at (800) 642-2444.
13. All work performed under this permit is to be in accordance with the City of Brentwood Standard Plans and Specifications, subject to the inspection and approval of the City Engineer.
14. No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except upon written authorization of the City Engineer.
15. The granting of the permit does not relieve the applicant of the responsibility of obtaining any other permit required by other public or private agencies, or individuals, i.e. Caltrans, CCCFC & WCD, Corps of Engineers, Dept. of Fish and Game, etc.
16. All site safety measures are the applicant’s responsibility, including providing, erecting, and maintaining all warning signs, lights, barriers, or other devices necessary for the protection of the public.
When working a city street, at least one 12 foot wide traffic lane shall be open at all times.
17. An approved Traffic control plan must be in place prior to start of work affecting the public right of way.
18. Temporary paving of a minimum of 2 inches of asphalt concrete shall be placed on all excavations within the street at the end of each day’s work. It shall be kept in good repair at all times, and when directed by the Engineering Inspector, immediate attention shall be given to correct any noted deficiencies.
19. The hours of work within the public right-of–way shall be the regular hours of 7:00 A.M. to 3:30 P.M., Monday through Friday (excluding holidays). The owner or developer must submit a written request for approval by the City Engineer at least two (2) working days in advance to work during any other hours, weekends, or holidays. Work on days other than regular workdays requires additional compensation for overtime inspection and written approval from the City.
The following special hours of work will be enforced from Monday through Friday:
(1) Work affecting traffic on Balfour Road, Brentwood Boulevard, Fairview Avenue, Lone Tree Way, Sand Creek Road, Central Boulevard or Walnut Boulevard will be limited to 9:00 am to 3:00 (2) Work adjacent to or within fifteen hundred feet (1500’) of any school while school is in session will be limited to 9:00 am to 3:00 pm. (3) Work within three hundred feet (300’) of occupied residential units and not affecting Balfour Road, Brentwood Boulevard, Fairview Avenue, Lone Tree Way or Walnut Boulevard, south of Balfour Road will be limited to 8:00 am to 4:30 pm.
(4) Work in excess of three hundred feet (300’) from occupied residential units and not affecting Balfour Road, Brentwood Boulevard, Fairview Avenue, Lone Tree Way or Walnut Boulevard, south of Balfour Road, will be limited to 7:00 am to 5:00 pm. (5) All Saturday work shall be restricted to 9:00 am to 4:00 pm.
20. Upon completion of the work the applicant shall clean the right-of-way of all rubbish, debris, trees, brush, excess materials, temporary structures and equipment. Grounds and landscaping shall be restored to the approval of the property owner.
21. Any individual or corporation contracting work within the City of Brentwood is required to have a current City of Brentwood business license.
CITY COUNCIL AGENDA ITEM NO. I.1
08/11/2026
SUBJECT: Consider a Request from Council Member Oerlemans to Display the National Motto, “In God We Trust,” in the City Council Chamber
DEPARTMENT: City Manager’s Office
STAFF: Terrance Davis, Acting City Manager
Amanda McVey, City Clerk
TITLE/RECOMMENDATION
That the City Council consider and discuss Council Member Oerlemans’ request to display the national motto, “In God We Trust,” in the City Council Chamber.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item at this time.
BACKGROUND
Council Member Oerlemans requested that the City Council consider scheduling a future agenda item to discuss displaying the national motto, “In God We Trust,” in the City Council Chamber.
Pursuant to Rule 4.4 (b)(2) of City Council Policy 110-1, this item has been placed on the agenda so that the City Council may discuss Council Member Oerlemans’ request and provide further direction to staff. Under Section 4.4, City Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.
If the City Council provides direction to proceed, staff would return at a future meeting with additional information, options, and any identified fiscal, operational, legal, or environmental considerations. No program or expenditure is being approved as part of this item.
CITY COUNCIL AGENDA ITEM NO. I.1
08/11/2026
CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.
PREVIOUS ACTION
Not applicable.
ATTACHMENT(S)
None.
CITY COUNCIL AGENDA ITEM NO. I.2
08/11/2026
SUBJECT: Consider a Request from Council Member Mendoza to Discuss Private Flock Camera Permitting, Data Access and Removal Authority
DEPARTMENT: City Manager’s Office
STAFF: Terrance Davis, Acting City Manager
Amanda McVey, City Clerk
TITLE/RECOMMENDATION
That the City Council consider and discuss Council Member Mendoza’s request and provide direction on whether to schedule a future agenda item to:
1. Review the City’s permitting process for privately operated Flock cameras.
2. Consider standards for approving future installations and controlling access to collected data.
3. Evaluate the cameras installed by the Shadow Lakes Homeowners Association.
4. Determine whether the City has authority to require the removal of privately operated cameras that do not meet City standards.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item at this time.
BACKGROUND
Council Member Mendoza requested that the City Council consider an item to review the City’s process for permitting privately operated Flock cameras. The requested review would address whether private parties should be allowed to install Flock cameras, standards for reviewing proposed installations and determining who may access collected data, and the City’s authority to require removal of cameras if privately operated cameras are determined to be inconsistent with City standards.
Pursuant to Rule 4.4 (b)(2) of City Council Policy 110-1, this item has been placed on the agenda so that the City Council may discuss Council Member Mendoza’s request and provide further direction to staff. Under Section 4.4, City Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.
CITY COUNCIL AGENDA ITEM NO. I.2
08/11/2026
If the City Council provides direction to proceed, staff would return at a future meeting with additional information, options, and any identified fiscal, operational, legal, or environmental considerations. No program or expenditure is being approved as part of this item.
CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.
PREVIOUS ACTION
Not applicable.
ATTACHMENT(S)
None.
CITY COUNCIL AGENDA ITEM NO. I.3
08/11/2026
SUBJECT: Consider a Request from Mayor Meyer to Establish a City Council Legislative Committee
DEPARTMENT: City Manager’s Office
STAFF: Terrance Davis, Acting City Manager
Amanda McVey, City Clerk
TITLE/RECOMMENDATION
That the City Council consider and discuss Mayor Meyer’s request to establish a City Council legislative committee.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item at this time.
BACKGROUND
Mayor Meyer requested that the City Council consider scheduling a future agenda item in January to discuss establishing a City Council legislative committee.
Pursuant to Rule 4.4 (b)(2) of City Council Policy 110-1, this item has been placed on the agenda so that the City Council may discuss Mayor Meyer’s request and provide further direction to staff. Under Section 4.4, City Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.
If the City Council provides direction to proceed, staff would return at a future meeting with additional information, options, and any identified fiscal, operational, legal, or environmental considerations. No program or expenditure is being approved as part of this item.
CITY COUNCIL AGENDA ITEM NO. I.3
08/11/2026
CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.
PREVIOUS ACTION
Not applicable.
ATTACHMENT(S)
None.