Cities Index.
Agenda packet, second session

Brentwood City Council
August 25, 2026

Document
Agenda packet, second session
Meeting
August 25, 2026
Body
Brentwood City Council
Pages
314
Original file
46.1 MB
Text extracted from the city's file for reading and search. Open the original on pub-brentwood.escribemeetings.com. That file is the official record.

AUGUST 25, 2026, 7:00 PM

CITY COUNCIL/SUCCESSOR AGENCY AGENDA
CITY COUNCIL CHAMBER, 150 CITY PARK WAY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* City Council members will participate in person from the Council Chamber. Members of the public are invited to attend and participate in the Council Chamber at 150 City Park Way, Brentwood, CA.

Members of the public may also attend the meeting and provide public comment remotely through Zoom.

Remote participants will receive the same public comment time as those attending in person. If remote access is disrupted during the meeting, the open session will recess while City staff make reasonable, goodfaith efforts to restore service. The meeting will remain in recess for at least one hour or until service is restored, whichever occurs first. If service is restored, the meeting will reconvene. If service is not restored, the City Council may adjourn the meeting or continue in open session after adopting the findings required by Government Code § 54953.4 and City Council Policy No. 110-1.

Members of the public who cannot attend in person or participate remotely may submit written comments by 3:00 p.m. prior to the meeting.

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

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

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

2. REMOTE:
a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)

3. E-MAIL:
a. Public comments can also be submitted via e-mail to [email protected]. Any public comments received up until 3:00 p.m. of the meeting date will be:

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

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

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

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

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

August 25, 2026, 7:00 p.m.

City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. PRESENTATIONS
C.1 Presentation of American Flags by The American Legion Riders and The American Legion D. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to three minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. In accordance with State law, no action or discussion may take place on any item not appearing on the posted agenda. The City Council may respond to statements made or questions asked or may request Staff to report back at a future meeting concerning the matter. 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.

Members of the public have the option of giving public comment in person or via two-way telephonic service (Zoom).

Members of the public participating in person are asked to file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers. Members of the public participating via Zoom are asked to use the raise-hand feature to indicate a desire to make a public comment.

During this portion of the meeting, the public is permitted to speak on items not listed on the agenda. Public comments for scheduled agenda items should wait until that time.

In order to ensure that all speakers feel welcome to share their views, members of the audience are kindly requested to refrain from applauding or speaking to the Council from the audience without being called upon first.

E. 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.

E.1 Meeting Minutes of the City Council
City Council / Successor Agency Meeting Minutes of July 28, 2026, and City Council / Successor Agency Meeting Minutes of August 11, 2026.

E.2 Proclamation Recognizing September as Childhood Cancer Awareness Month E.3 Proclamation Recognizing September as National Senior Center Month E.4 Proclamation Recognizing September 6th through 12th, 2026 as National Suicide Prevention Week
E.5 Initiation of Formation Proceedings, Approval of the Engineer’s Report, and Declaration of Intent to Form Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services)
Title/Recommendation
Adopt a two resolutions: (1) initiating proceedings for the formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services), designating the engineer for the proceedings, and ordering the preparation and filing of an Engineer’s Report; and (2) approving the Engineer’s Report, declaring the City Council’s intention to order the formation of the District and to levy and collect assessments, and setting the date of October 13, 2026, at 7:00 p.m. or as soon thereafter as the matter may be heard, as the date and time for a public hearing pursuant to the Landscaping and Lighting Act of 1972, Article XIII D of the California Constitution, and the Proposition 218 Omnibus Implementation Act.

E.6 Setting the Fiscal Year 2026/27 General Obligation Bond Tax Rate Title/Recommendation
Adopt a resolution establishing the Fiscal Year 2026/27 General Obligation Bond Tax Rate of 0.0049% and requesting that Contra Costa County place the levy on the 2026/27 property tax roll.

E.7 Authorize the City Manager or designee to execute a Civil Engineering Services Agreement with Bellecci & Associates, dba SanBell Bay Area for the Balfour Road – Sanitary Sewer Rehabilitation Project, CIP Project No. 592-59208
Title/Recommendation
Adopt a resolution approving a Civil Engineering Services Agreement with Bellecci & Associates, dba SanBell Bay Area (“SanBell”) for the Balfour Road – Sanitary Sewer Rehabilitation Project, Capital Improvement Program (“CIP”) Project No. 592-59208 (“Project”) in the amount of $257,093, plus funding authorization for a contingency in the amount of $38,564 (15%), for total authorized compensation not to exceed $295,657, and authorizing the City Manager or designee to execute the Agreement and written amendments within the approved contingency, each in a form approved by the City Attorney, provided that total compensation under the Agreement does not exceed $295,657.

F. 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.

F.1 Approval of a Professional Services Agreement with Michelle Lassle Consulting for Better in Brentwood Marketing Services
Title/Recommendation
Adopt a resolution approving a Professional Services Agreement with Michelle Lassle Consulting for Better in Brentwood marketing services (Agreement) in an amount not to exceed $67,884 for a term beginning September 1, 2026 and ending June 30, 2027, approving an option to extend the agreement for one additional term of one-year subject to the mutual written agreement of the parties and the availability of funds appropriated by the City Council; and authorizing the City Manager to execute the Agreement and a written amendment exercising the extension option, each in a form approved by the City Attorney.

F.2 4th Amendment to the Purchase and Sale Agreement Between the Successor Agency to the Redevelopment Agency of Brentwood and Hagar Realty
Title/Recommendation

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Adopt a resolution of the Successor Agency to the Brentwood Redevelopment Agency (“Successor Agency”) approving the Fourth Amendment to the Purchase and Sale Agreement (“Fourth Amendment”) with Hagar Realty for the real property situated at the southeast corner of Oak Street and Walnut Boulevard, identified as Assessor's Parcel Number 013-232-006 (“Property”); authorizing the Executive Director, or designee, to execute the Fourth Amendment; authorizing approval of the final legal description and plat and a corresponding adjustment to the Purchase Price based on the final square footage to be conveyed at $4.92 per square foot, provided that the final Purchase Price does not exceed $390,000 without further Successor Agency Board approval; and authorizing the Executive Director, or designee, to take related actions necessary to complete the sale.

F.3 Receive and File the April Through June 2026 Donations Accepted Report Provide Direction Regarding the Donations Policy and Future Reporting
Title/Recommendation
Staff recommends the City Council: (1) receive and file the April through June 2026 donations accepted report in accordance with City Council/Administrative Policy No. 00- 10; and (2) provide direction, if any, regarding whether the City Council desires amendments to the Donations Policy addressing sponsorships and any desired changes to the content and presentation of future quarterly donations reports.

F.4 Lone Oak Road Improvement Options
Title/Recommendation
Receive information regarding options and cost estimates for constructing improvements along Lone Oak Road from Grant Street to Caper Drive, and provide direction regarding whether staff should proceed with further project evaluation, funding analysis, and community and property-owner outreach.

G. 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.

H. 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
I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a Request from Vice Mayor Pierson to Temporarily Discontinue Juvenile Diversion Referrals to the REACH Program
Title/Recommendation
That the City Council consider and discuss Vice Mayor Pierson’s request and provide direction on whether to schedule a future agenda item to temporarily discontinue referrals of minors to the REACH Program through the City’s juvenile diversion program.

I.2 Consider a Request from Council Member Maloney and Mayor Meyer to Review City Council Policy 110-1
Title/Recommendation
That the City Council consider and discuss Council Member Maloney and Mayor Meyer’s request and provide direction on whether to schedule a future agenda item to review and discuss City Council Policy 110-1, Meeting Rules and Procedures.

J. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting are available for inspection at City Hall, located at 150 City Park Way, during normal business hours.

These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers.

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Public comments received after 3:00 p.m. on 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 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 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 wheelchairaccessible, and disabled parking is available in 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 August 21, 2026, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513, and on our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov.

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1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
August 11, 2026, 7:00 p.m.

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

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

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

C. PRESENTATIONS
C.1 REACH Project Overview
Mickie Marchetti, Executive Director of the Rehabilitation, Education, and Awareness for Community Humanitarianism (REACH) project team presented this item.

D. PUBLIC COMMENTS
Mayor Meyer opened public comments.

Youth Commissioners, Sahil Narula and Aaroah Ranjan provided updates on the Youth Commission's recent accomplishments and upcoming events.

Rich Ramirez, Rudy Ramirez and Paul Ramirez provided comments regarding the Brentwood Police Department's interaction with Yolanda Ramirez on September 26, 2025.

Laura Avila and Tracey Kasamoto provided comments regarding standards of conduct for Council Members.

Danny Dohrmann commented on school district involvement in a potential future agenda item regarding the REACH program and expressed concerns about matters involving the city manager, related costs, and potential conflicts of interest.

Greg Robinson provided comments regarding bringing a Visitors Center to Brentwood and invited the community to the Press Building's lobby at the corner of Oak and 1st Street.

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

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2 E. CONSENT CALENDAR
Moved by: Tony Oerlemans, Council Member
Seconded by: Jovita Mendoza, Council Member
The Council, by motion, adopted the Consent Calendar as recommended by staff with the exception of items E.3 and E.4, which Council continued to the City Council Meeting scheduled for August 25, 2026.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
E.1 Meeting Minutes of the City Council
Approved Special City Council Meeting Minutes of July 28, 2026.

E.2 Designation of the Voting Delegate and Alternate Delegates for the 2026 League of California Cities Annual Conference
Adopted Resolution 2026-80 designating Mayor Meyer as the City’s Primary Voting Delegate, Vice Mayor Pierson as the First Alternate Delegate, and Council Member Mendoza as the Second Alternate Delegate for the 2026 League of California Cities Annual Conference.

E.3 Receive and File the April – June 2026 Donations Accepted Report The Council, by motion, continued the item to its August 25, 2026, meeting.

E.4 Authorize the City Manager or designee to execute a Civil Engineering Services Agreement with Bellecci & Associates, dba SanBell Bay Area for the Balfour Road – Sanitary Sewer Rehabilitation Project, CIP Project No. 592-59208
The Council, by motion, continued the item to its August 25, 2026, meeting.

E.5 Authorize the City Manager or designee to execute a Civil Engineering Services Agreement with WHB Engineers for the Brentwood Boulevard – Sanitary Sewer Rehabilitation Project, CIP Project No. 592-59209 Adopted Resolution 2026-81 approving a Civil Engineering Services Agreement with WHB Engineers for the Brentwood Boulevard – Sanitary Sewer Rehabilitation Project, Capital Improvement Project (“CIP”) Project No. 592-59209 (“Project”) in the amount of $215,599, plus funding authorization for a contingency of in the amount of $32,340 (15%), for total authorized compensation not to exceed $247,939 and authorizing the City Manager or designee to execute the Agreement and written amendments within the approved contingency,

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3 each in a form approved by the City Attorney, provided that total compensation under the Agreement does not exceed $247,939.

E.6 Second reading and adoption of ordinances of the City Council of the City of Brentwood Repealing and Replacing Chapters 9.50 and 17.780 (Cannabis Facilities and Cultivation) of the Brentwood Municipal Code The Council waived the second reading and adopted Ordinance No. 1099 repealing and replacing Chapter 9.50 and Ordinance No. 1100 repealing and replacing Chapter 17.780 of the Brentwood Municipal Code (BMC) to update the City’s cannabis regulations and land use prohibitions.

F. BUSINESS ITEMS
F.1 The purchase of five new Solid Waste collection trucks, and authorization for the City Manager or designee, to execute necessary documents in an amount not to exceed $4,884,905
Casey Wichert, Director of Public Works presented the item.

Mayor Meyer opened public comments.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
Adopted Resolution 2026-82 approving the purchase of five new collection trucks for the Solid Waste Division from Haaker Equipment Company; authorizing the City Manager or designee to execute all necessary associated documents in a total amount not to exceed $4,884,905; and amending the FY 2026/27 Solid Waste Enterprise Fund Operating Budget by $384,905.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
F.2 Adopt a Resolution Approving an Adjustment to the City Manager’s Compensation from $304,515.00 to $313,650.40, effective July 16, 2026, Pursuant to the Compaction Provision in the City Manager’s Employment Agreement
Teresa Fairbanks, Interim Director of Human Resources, presented the item.

Mayor Meyer opened public comments.

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4 Melissa van Ruiten provided comments in opposition of the item.

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

Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Tony Oerlemans, Council Member
The Council adopted Resolution 2026-83

1. Approving an adjustment of the City Manager’s annual base salary from $304,515.00 to $313,650.40, effective July 16, 2026, pursuant to Sections 3.1 and 3.3 of the City Manager Employment Agreement.

2. Approving and adopting the amended Fiscal Year 2026/2027 Pay Schedule, which is attached hereto as Exhibit A and incorporated herein by this reference, to reflect the City Manager’s adjusted salary and the previously approved
temporary Acting City Manager pay rate.

3. Authorizing the Human Resources Director, in consultation with the City Attorney, to make non-substantive, ministerial revisions to the 2026/2027 Pay Schedule provided that such revisions do not alter any salary range, pay rate, benefit, classification, or other substantive compensation term approved by the City Council.

4. Amending the Fiscal Year 2026/27 General Fund Operating Budget by $11,400 and amend the Fiscal Year 2027/28 General Fund Operating Budget by $11,400 to fund the salary and related benefit costs associated with the City Manager’s salary adjustment.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
F.3 An Amendment to the Longevity Incentive Plan Section of the Compensation Summary for the City of Brentwood Unrepresented Executive and Senior Management Employees to Add a Longevity Incentive for the Police Chief Classification
Teresa Fairbanks, Interim Director of Human Resources, presented the item.

Mayor Meyer opened public comments.

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

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5 Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
The Council adopted Resolution 2026-84 approving an amendment to the Longevity Incentive Plan section of the Compensation Summary for the City of Brentwood Unrepresented Executive and Senior Management Employees to provide the Police Chief with longevity incentive pay equal to two percent (2%) of base salary upon completion of twenty-five (25) years of continuous service as a sworn employee of the City of Brentwood, effective July 1, 2026.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
F.4 Adopt a Resolution Establishing the Deputy City Manager Classification Teresa Fairbanks, Interim Director of Human Resources, presented the item.

Mayor Meyer opened public comments.

Danny Dohrman provided comments in support of the item.

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

Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2026-85: (1) Establishing the Deputy City Manager classification and approving the job description with the addition of the qualifications of the position to include retail experience, and salary range; (2) Assigning the classification to the Senior Management category of the Unrepresented Executive and Senior Management Employees group and directing the corresponding update to the Compensation Summary for that employee group; (3) Approving an amendment to the 2026/2027 Pay Schedule in accordance with the California Code of Regulations (CCR), Title 2, Section 570.5, effective August 11, 2026, to include the Deputy City Manager salary range; (4) Authorizing the City Manager to make nonsubstantive, ministerial revisions to the 2026/2027 Pay Schedule necessary to implement the City Council’s action and ensure consistency with the CCR, Title 2, Section 570.5; and (5) Amending the 2026/27 General Fund Operating Budget in the amount of $27,285 and the 2027/28 General Fund Operating Budget in the amount of $28,102 and removing the Economic Development Manager position from the General Fund Operating Budget moving forward.

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6 Ayes (4): Jovita Mendoza, Council Member, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Noes (1): Susannah Meyer, Mayor
Motion Approved (4 to 1)
F.5 Encroachment Permit Process and Potential Council-Initiated Call for Review
Allen Baquilar, Director of Engineering presented the item.

Mayor Meyer opened public comments.

Tracey Kasamoto provided comments in support of Council having approval authority of Encroachment Permit process.

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

There was no Council action taken on the item.

G. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Mendoza reported on attendance at National Night Out event; Vine + Grain Grand Opening events; Contra Costa Mayor's Conference; and watched City of Pittsburg City Council Meeting.

Vice Mayor Pierson reported on attendance at the East County Revolution Scholarship Event and National Night Out event.

Council Member Oerlemans reported on attendance at Police Activities League Board Meeting, National Night Out event and Agenda Review.

Council Member Maloney reported on attendance at the soft opening of Vine + Grain, Poke House Grand Opening, National Night Out event and met with CenterCal.

Mayor Meyer reported on attendance at 100th birthday celebration, Brentwood Chamber of Commerce meeting, Pittsburg Special Meeting, Vine + Grain Grand Opening events, met with local small business owner, Contra Costa Mayor's Conference and Quarterly Delta Six meeting.

Terrance Davis, Acting City Manager reported on attendance at National Night Out event, Quarterly Delta Six meeting, met with CenterCal and met with Downtown Brentwood Coalition.

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7 Thomas Lloyd Smith, City Attorney reported on hosting a meeting with local youth interested in becoming attorneys.

H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Vice Mayor Pierson requested a future agenda item for Council to consider temporarily discontinuing referrals to the REACH Program as it pertains to the Juvenile Diversion Program until City Council receives a report on the process for referrals, as well as a report on the demographics for race, gender, and ethnicity of the minors who have been referred to the program for the last three years.

I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a Request from Council Member Oerlemans to Display the National Motto, “In God We Trust,” in the City Council Chamber Council Member Oerlemans presented the item.

Mayor Meyer opened public comments.

Melissa Van Ruitten provided comments in opposition to the item.

Oxsana provided comments in support of the item.

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

Moved by: Tony Oerlemans, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The Council, by motion, directed staff to spend time and resources to prepare an item for Council consideration regarding the placement of the National Motto, “In God We Trust,” in the Council Chamber.

Ayes (2): Pa'tanisha Pierson, Vice Mayor, and Tony Oerlemans, Council Member
Noes (2): Jovita Mendoza, Council Member, and Susannah Meyer, Mayor
Abstained (1): Faye Maloney, Council Member
Motion Approved (3 to 2)
I.2 Consider a Request from Council Member Mendoza to Discuss Private Flock Camera Permitting, Data Access and Removal Authority Council Member Mendoza presented the item.

Mayor Meyer opened public comments.

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8 Nathan, Melissa Van Ruiten and Stephanie Williams-Rogers provided comments in support of the item.

Sue Harper provided comment in opposition to the item.

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

Mayor Meyer disclosed that she is a dues-paying member of a homeowners association that uses Flock cameras and, pursuant to Government Code section 87105, recused herself from the discussion and vote on the item due to a potential conflict of interest.

Mayor Meyer returned to the dais following the vote on this item.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The Council, by motion, directed staff to spend time and resources to return to the Council with information on the private use of Flock cameras within the City and, if the Council decides to continue their use, to develop a process for future installations.

Ayes (4): Jovita Mendoza, Council Member, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Absent (1): Susannah Meyer, Mayor
Motion Approved (4 to 0)
I.3 Consider a Request from Mayor Meyer to Establish a City Council Legislative Committee
Mayor Meyer presented the item.

Mayor Meyer opened public comments.

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

Moved by: Susannah Meyer, Mayor
Seconded by: Pa'tanisha Pierson, Vice Mayor
The Council, by motion, directed staff to spend time and resources to establish a legislative ad hoc committee.

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

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9 J. ADJOURNMENT
Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The Council, by motion, adjourned the meeting at 10:22 p.m. following remarks in memory of Johnny Earl Staton, the late husband of former Council Member Claudette Staton.

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

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1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
July 28, 2026, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 7:21 p.m.

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

Vice Mayor Pierson joined the meeting at 7:44 p.m.

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

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

In advance of tonight’s City Council meeting, the City Clerk's office received 2 written public comments requesting the reestablishment of a firebreak along the City’s western border from: Dipenra Rai and Kevin Ervin.

Tracy Kasamoto provided comments regarding a petition she is circulating in an effort to recall County Supervisor Diane Burgis.

Maria Alegria, representative from District 15 Assembly Member Anamarie Avila Farias' office, read a statement regarding the Coroner's inquest for Yolanda Ramirez.

Rich Ramirez, Paul Ramirez, and Rudy Ramirez provided comments regarding the Coroner's inquest for Yolanda Ramirez.

Danny Dohrmann provided comments regarding the responsibilities of the City Attorney.

Pastor George Wordlaw provided comments thanking staff and invited the community to the Health and Wellness Fair on September 19, 2026 at the Brentwood Community Center.

Dolores Long provided comments thanking staff for the 4th of July America 250 event.

Rod Flohr provided comments expressing his appreciation for allowing general public comments via Zoom.

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

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2 D. PRESENTATIONS
D.1 Legislative Update- Townsend Public Affairs
Carly Shelby and Niccolo De Luca with Townsend Public Affairs presented the item.

D.2 Contra Costa County Fire Presentation
Chief McAlister with Contra Costa County Fire Protection District presented the item.

Mayor Meyer opened public comments.

Tracy Kasamoto expressed concerns about Contra Costa County Fire Protection District allegedly referring to Brentwood as being difficult in their discussions with the County.

Praveen inquired about accessing the results of the investigation into what caused the June 2026 fire in Brentwood.

Dipenra inquired how students at Adams Middle School and Heritage High School will be evacuated in the event of a fire during the school day.

Sinziana Todor provided comments stating her street has too much traffic to safely hold a National Night Out event.

Oxsana provided comments thanking everyone who worked to get more fire stations in Brentwood.

Chief McAlister provided answers to resident's questions that arose during public comments.

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

E. CONSENT CALENDAR
Council Member Mendoza requested to have Item E.5 pulled for Council discussion.

Amanda McVey, City Clerk, read the title of Ordinance 1098 into the record.

Moved by: Tony Oerlemans, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The Council, by motion, moved to adopt the Consent Calendar as recommended by staff, with the exception of Item E.5.

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

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3 E.1 Meeting Minutes of the City Council
Approved City Council / Successor Agency Meeting Minutes of June 9, 2026; and Special City Council Meeting Minutes of June 16, 2026; and City Council / Successor Agency Meeting Minutes of June 23, 2026.

E.2 Proclamation Recognizing July 2026 as Back to School Month The Council, by proclamation, recognized July 2026 as Back to School Month.

E.3 Second reading and adoption of an ordinance amending the Brentwood Municipal Code to adopt Objective Design Standards for Residential and Mixed-Use Development to comply with State law and implement the City’s adopted Housing Element
Waived the second reading and adopted Ordinance No. 1098 approving text amendments (RZ 25-001) to the Brentwood Municipal Code to adopt Objective Design Standards for Residential and Mixed-Use Development including adding Chapter 17.825 - Objective Design Standards and Chapter 17.815 - By-Right Approval Process as well as other related amendments to the Municipal Code necessary to comply with State law and implement the City’s Housing Element.

E.4 Art Commission’s Recommendation to Revise the City Public Art Prioritization List for FY 2026/27
Received and approved the City of Brentwood’s Public Art Priority List for Fiscal Year 2026/27 as recommended by the Art Commission.

E.5 School Resource Officer Program Agreements with Liberty Union High School District and Brentwood Union School District
Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
Adopted Resolution No. 2026-75 approving a five-year agreement with the Liberty Union High School District and a five-year agreement with the Brentwood Union School District for School Resource Officer Programs and authorizing the City Manager or designee to negotiate and execute the agreements in forms approved by the City Attorney.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
E.6 Consideration of the Reappointment of a Commissioner and Recruitment for an Alternate Commissioner to the Contra Costa County Library Commission

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4 Adopted Resolution No. 2026-73 1) confirming the Mayor's reappointment of Linda Sending to the Contra Costa County Library Commission for a one-year term commencing July 1, 2026, and 2) directing staff to open a recruitment to fill the vacant Alternate Commissioner position on the Contra Costa County Library Commission.

E.7 Adoption of a Resolution Approving a Cooperative Agreement with East Contra Costa Regional Fee and Financing Authority for funding the regional share of the Lone Tree Way - Union Pacific At-Grade Crossing Project, CIP Project No. 337-31340
Adopted Resolution No. 2026-74 approving the Cooperative Agreement with East Contra Costa Regional Fee and Financing Authority (ECCRFFA) for funding the regional share of the Lone Tree Way - Union Pacific At-Grade Crossing Project, Capital Improvement Program Project No. 337-31340 (“Project”) and authorizing the City Manager or designee to execute the Agreement.

F. PUBLIC HEARINGS
F.1 Ordinances of the City Council of the City of Brentwood Repealing and Replacing Chapters 9.50 and 17.780 (Cannabis Facilities and Cultivation) of the Brentwood Municipal Code and Resolution Amending the Cost Allocation Plan and Schedule of City Fees
Ken Murphy, Chief Building Official presented the item.

Mayor Meyer opened the public hearing.

There being no one wishing to speak, Vice Mayor Pierson moved to close the public hearing, seconded by Council Member Maloney. The motion to close the public hearing carried unanimously with Council Member Maloney, Council Member Mendoza, Vice Mayor Pierson, Council Member Oerlemans and Mayor Meyer in favor.

Amanda McVey, City Clerk, read the titles of Ordinance 1099 and 1100 into the record.

Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
Introduced and waived the first reading of Ordinance No. 1099 repealing and replacing Brentwood Municipal Code Chapter 9.50 in its entirety.

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

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5 Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
Introduced and waived the first reading of Ordinance 1100 repealing and replacing Brentwood Municipal Code Chapter 17.780 in its entirety.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
Adopted Resolution No. 2026-76 establishing an administrative citation fine for violations of Chapters 9.50 and 17.780 of the Brentwood Municipal Code.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
F.2 An amendment to the Downtown Specific Plan (SPA 25-001) and the Brentwood Municipal Code to allow tattoo parlors as a permitted use, subject to Administrative Design Review
Erik Nolthenius, Planning Manager presented the item.

Mayor Meyer opened the public hearing.

In advance of tonight’s City Council meeting, the City Clerk's office received 34 written public comments in support of the item from:

Aaron Rodrigues, Alex Duseck II, Alex Martinez, Amber Zulawski, Angelica Gonzalez-Perez, Beth Cox, Brianna Townzen, Cynthia CruzTownzen, Cynthia Vazquez, DeAnna Perry, Dianna Cardenas, Emily Parker, Jennie Buse, Jino D’Amico, Joseph Townzen, Kaleigh Walker, Katrina Rothwell, Kayla Kiley, Kris McCullough, Lane Weeks, Lee Anne Hable, Liz Krantz, Lydia Weeks, Maria Perez, Melissa Raber, Nicole Tavake, Palmer Rinehard, Richard Perez, Ryan Lee, Sandy, Shaylyn Burke, Stacy Hernandez, Theresa, and Teresa McCullough.

Paul Radliff; Vanessa Vincent, owner of Studio V; Ian; Sadie; Elliot Healy; Estrella Juarez; Chris Juarez; and Tom Gregory; provided comments in support of amending the Downtown Specific Plan to allow tattoo parlors as a permitted use.

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6 Laura Avila and Tracy Kasamoto provided comments in opposition of amending the Downtown Specific Plan to allow tattoo parlors as a permitted use.

Kristen Mingus, Executive Director of the Downtown Brentwood Coalition provided comments in support of the downtown businesses and City Council's vision for downtown.

Sinziana Todor provided comments indicating that residents previously voted against tattoo parlors being located downtown because they allegedly are not conducive to revenue generation.

Rod Flohr provided comments stating the item should be adequately evaluated for consistency with the Downtown Specific Plan.

There being no additional speakers, Council Member Oerlemans moved to close the public hearing, seconded by Council Member Maloney. The motion to close the public hearing carried unanimously with Council Member Maloney, Council Member Mendoza, Vice Mayor Pierson, Council Member Oerlemans and Mayor Meyer in favor.

The Council recessed at 9:05 p.m. and reconvened at 9:18 p.m.

Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Faye Maloney, Council Member
The Council, by motion, directed staff to spend time and resources to:
 by the September 8, 2026 City Council Meeting, bring back language for modification of the definition of personal services in the Municipal Code; and
 approval of an amendment to the Downtown Specific Plan that would grandfather in existing personal services vendors as defined by the new definition; and
 place a cap on new personal service providers at two ; and  limit future personal service providers to not have storefronts facing Oak Street or First Street, and
 provide analysis of the legality for requiring new personal service vendors to obtain a Conditional Use Permit; and  schedule the public hearing for the first reading of the Ordinance to be held at the first City Council Meeting
immediately following the September 8, 2026, City Council meeting, if the Council chooses to move in that direction.

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7 Ayes (3): Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, and Faye Maloney, Council Member
Noes (2): Jovita Mendoza, Council Member, and Tony Oerlemans, Council Member
Motion Approved (3 to 2)
G. BUSINESS ITEMS
G.1 Discuss and Provide Direction on City of Brentwood 2026 Winter Market as an Economic Development Priority Project
Thien Nguyen, Recreation Manager presented the item.

Mayor Meyer opened public comments.

Lenna Billeci provided comments in support of a Winter Market in the downtown area.

Tom Gregory provided comments in support of the Winter Market being held under a big tent.

Stephanie Williams-Rogers provided comments in support of a Winter Market, but inquired how the City will define and its measure success.

Rod Flohr provided comments in support of a Winter Market, but suggested that it be built up slowly over time.

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

The Council recessed at 11:08 p.m. and reconvened at 11:17 p.m.

Moved by: Faye Maloney, Council Member
Seconded by: Jovita Mendoza, Council Member
Adopted Resolution No. 2026-77 approving $60,000 from the Priority Projects category of the Economic Development Grant Program for a Downtown Winter Market in Fiscal Year 2026-27; and authorized the a la carte options for the Tree Lighting Integration and the Deck the Park Integration to be funded through the remaining balance of the Economic Development Grant Fund.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
G.2 Proposed Funding Awards for the Fiscal Year 2026/27 Economic Development Program

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8 Amy Tilley, Senior Management Analyst presented the item.

Mayor Meyer opened public comments.

Kristen Mingus, provided comments seeking Council's support for two events hosted by the Downtown Brentwood Coalition.

Adam Martinez provided comments thanking the Council for their support of the Brentwood Chamber of Commerce's events which are assisted with use of the Economic Development Grant Funds.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
Adopted Resolution No. 2026-78 approving the competitive grant awards from the Fiscal Year 2026/27 Economic Development Grants Program in the amount of $125,900.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
G.3 Approve an Agreement in the amount of $198,000 for the Purchase and Sale of Real Property with Jose and Lorena Velez for road right-ofway for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701
Allen Baquilar, Director of Engineering/City Engineer presented the item.

Mayor Meyer opened public comments.

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

Moved by: Faye Maloney, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution No. 2026-79 approving an Agreement in the amount of $198,000 for Purchase and Sale of Real Property with Jose and Lorena Velez for a portion of APN 018-100-008, to acquire road right-of-way for Lone Tree Way Roadway Improvements, CIP Project No. 336-31701 (“Project”), and authorizing the City Manager, or designee, to execute the Agreement and other documents, in a form approved by the City Attorney, as necessary to complete the sale and right-of-way transaction.

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9 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
G.4 Adopt a Resolution Amending the 2026/2027 Pay Schedule in Accordance with California Code of Regulations Title 2, 570.5 Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Faye Maloney, Council Member
The Council, by motion, postponed the item to the August 11, 2026 City Council Meeting.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
G.5 The purchase of five new Solid Waste collection trucks, and authorization for the City Manager or designee, to execute necessary documents in an amount not to exceed $4,884,905
Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Faye Maloney, Council Member
The Council, by motion, postponed the item to the August 11, 2026 City Council Meeting.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
H. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported on attendance at the Town Hall meeting with Contra Costa County Fire Station 90; meeting with Kristen Mingus with the Downtown Brentwood Coalition ("DBC"); City's 4th of July America 250 parade; Hometown Heroes event; Safety Event Expo; Brentwood Police Department's Special Weapons And Tactics training exercise at TriDelta Transit; meeting with the CEO of TriDelta Transit; Swearing-In ceremony for Police Chief O'Grodnick; and the promotion ceremony for Police Captain Peart and Lieutenant Alvarez.

Council Member Maloney reported on attendance at meeting with the management of Streets of Brentwood and several businesses at Streets of

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10 Brentwood; meeting with the DBC, Council Member Orlemans and Police Chief O'Grodnick; meeting with members at the Brentwood Police Department; visited with several downtown businesses; the City's 4th of July America 250 parade; visited Poke House on Jeffrey Way; spoke with the Maktongan non-profit association; and spoke businesses in the industrial area.

Council Member Mendoza reported on attendance at the City's 4th of July America 250 parade; the Town Hall meeting with Contra Costa County Fire Station 90; opening of The Well; attended the Latino caucus round table; attended a DBC Open House; the Cal Cities Latino Caucus retreat; attended our Land Use and Development meeting; attended the Cal Cities Legislative Update; attended the Teacher Education Assistance for College and Higher education fundraiser barbecue; and attended the Liberty Union High School District Convocation.

Vice Mayor Pierson reported on attendance at the City's 4th of July America 250 parade; Age and Disabilities Friendly Communities meeting; Land Use and Development meeting; attended a District-wide Baby Shower; Mayor Meyer reported on attendance at the filming of a promo video about Brentwood for American Dream TV; attended two 100th birthday celebrations for residents at Merrill Gardens; meeting with Lil Pierce with the Brentwood Regional Community Chest; meeting with leadership at TriDelta Transit; meeting with Fork to Farms; Mayor's Conference; the City's 4th of July America 250 parade; welcomed Congressman Desaulnier for his Brentwood Town Hall; filmed a video for Contra Costa Senior Legal Services; DBC Open House; Swearing-In ceremony for Police Chief O'Grodnick; watched the Land Use and Development Meeting and the Planning Commission Meeting; had conversations with DBC's Executive Director, Kristen Mingus; attended Cal Cities webinar; the Teacher Education Assistance for College and Higher education fundraiser barbecue; toured the garden at Immaculate Heart of Mary Church; Liberty Union High School District's Convocation; the Age and Disabilities Friendly Communities meeting; and met with Townsend Public Affairs.

Thomas Lloyd Smith, City Attorney and Terrance Davis, Acting City Manager reported they also attended many of the same events the Mayor attended.

I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Member Oerlemans requested a Future Agenda item to consider and discuss displaying the National Motto "In God We Trust" in the City Council Chambers.

Mayor Meyer requested a Future Agenda item to consider and discuss establishing a City Council Legislative Committee.

Council Member Mendoza requested a Future Agenda item to consider and discuss private Flock camera permitting, data access, and removal authority.

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11 J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 Consider a Request from Council Member Maloney and Council Member Mendoza to Evaluate a Prohibition on Data Center Projects Council Member Maloney and Council Member Mendoza presented the item.

Mayor Meyer opened public comments.

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

Moved by: Faye Maloney, Council Member
Seconded by: Jovita Mendoza, Council Member
The Council, by motion, directed staff to:
 develop a policy regulating data centers and high-density Artificial Intelligence ("AI") computing within the city; and  the policy should establish appropriate classifications, zoning, permitting requirements, and restrictions based on facility size, electrical demand, water use, noise, public safety, battery storage needs; and impacts on surrounding properties and infrastructure; and
 address prohibition of commercial or large scale AI computing data centers; and
 address solicited server operations within homes, garages, and other residential properties while distinguishing these uses from normal residential computer use; and
 for staff to return to the Council with their recommended definitions, thresholds, regulations, prohibitions, and  for staff to share with Council if there are any other policies in surrounding cities to be reviewed.

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

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12 K. ADJOURNMENT
Moved by: Faye Maloney, Council Member
Seconded by: Jovita Mendoza, Council Member
The Council, by motion, adjourned the meeting at 12:06 a.m. on July 29, 2026.

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

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PROCLAMATION
WHEREAS, September is nationally recognized as Childhood Cancer Awareness Month, a time to shine a golden light on children and families affected by cancer, honor courageous young patients and survivors, and remember those taken from us too soon; and
WHEREAS, childhood cancer remains a serious challenge for children and families, while advances in research, treatment, and compassionate care continue to bring greater hope, longer lives, and brighter futures; and WHEREAS, the color gold serves as a national symbol of childhood cancer awareness, and communities across the country are encouraged to come together through acts of kindness, support, fundraising, advocacy, and awareness to help children and families facing cancer; and WHEREAS, the City of Brentwood celebrates the strength of our children, the dedication of families and caregivers, and the generosity of medical professionals, researchers, volunteers, and community members who remind us that hope grows when we stand together.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize September 2026 as

CHILDHOOD CANCER AWARENESS MONTH
and encourages all residents to join in spreading awareness, wearing gold, supporting families, celebrating childhood cancer survivors, and helping advance the search for cures.

Dated this 25th day of August, 2026
Susannah Meyer, Mayor

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PROCLAMATION
WHEREAS, National Senior Center Month is celebrated each September to recognize the vital role senior centers play in helping older adults stay connected, healthy, engaged, and active in their communities; and WHEREAS, senior centers are welcoming community hubs where friendships grow, knowledge is shared, talents flourish, and older adults find meaningful opportunities for wellness, creativity, service, and fun; and WHEREAS, the National Institute of Senior Centers and National Council on Aging have designated the 2026 theme “Happier Birthdays Happen Here,” celebrating the connection, purpose, support, and community that help make every year richer and more fulfilling; and
WHEREAS, the City of Brentwood celebrates the wisdom,
contributions, resilience, and vitality of its older adults and recognizes that a thriving community is one where people of every age have opportunities to belong, participate, and look forward to what comes next.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize September 2026 as

NATIONAL SENIOR CENTER MONTH
and encourages all residents to celebrate our older adults, support the programs and people who serve them, and discover the many ways our senior center helps make happier birthdays happen here. Let us celebrate with gratitude, laughter, friendship, and optimism—and continue building a Brentwood where every generation has the opportunity to thrive.

Dated this 25th day of August, 2026
Susannah Meyer, Mayor

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PROCLAMATION
WHEREAS, National Suicide Prevention Week, observed September 6–12, 2026, provides an opportunity for the City of Brentwood to promote hope, connection, understanding, and the message that no one has to face a difficult moment alone; and
WHEREAS, the nationally and internationally recognized 2024–2026 suicide prevention theme, “Changing the Narrative on Suicide,” calls upon communities to “Start the Conversation,” encouraging open, compassionate dialogue that replaces silence and stigma with understanding and support; and WHEREAS, suicide prevention is a community effort, and every neighbor, friend, family member, educator, employer, faith leader, and community organization can help by listening, reaching out, sharing resources, and creating welcoming spaces where people feel seen, valued, and supported; and
WHEREAS, the City of Brentwood recognizes that hope can begin with something as simple as a conversation, a caring question, or a helping hand, and encourages residents to learn the signs, strengthen connections, and remember that help is available through the 988 Suicide & Crisis Lifeline.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize September 6-12, 2026 as

NATIONAL SUICIDE PREVENTION WEEK
and encourages all residents to join together in changing the narrative, starting the conversation, lifting one another up, and building a community where hope has a place to grow.

Dated this 25th day of August, 2026
Susannah Meyer, Mayor

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CITY COUNCIL AGENDA ITEM NO. E.5
08/25/2026
SUBJECT: Initiation of Formation Proceedings, Approval of the Engineer’s Report, and Declaration of Intent to Form Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services)
DEPARTMENT: Parks and Recreation
STAFF: E. Harith Aleem, Director of Parks and Recreation Aaron Wanden, Park Maintenance Manager

TITLE/RECOMMENDATION
Adopt a two resolutions: (1) initiating proceedings for the formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services), designating the engineer for the proceedings, and ordering the preparation and filing of an Engineer’s Report; and (2) approving the Engineer’s Report, declaring the City Council’s intention to order the formation of the District and to levy and collect assessments, and setting the date of October 13, 2026, at 7:00 p.m. or as soon thereafter as the matter may be heard, as the date and time for a public hearing pursuant to the Landscaping and Lighting Act of 1972, Article XIII D of the California Constitution, and the Proposition 218 Omnibus Implementation Act.

FISCAL IMPACT
Upon build-out, the City will have authorization to collect the maximum annual assessment revenue of $9,854 (in FY 2026/27 dollars) from the non-residential parcels within Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services). The maximum annual assessment revenues for Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services) will be increased each fiscal year based upon the prior year’s change in the San Francisco Bay Area Urban Wage Earners Consumer Price Index and will fund the special benefit portion of the maintenance, operation, servicing, replacement, and administration expenses associated with City improvements benefiting the project. The annual costs for Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services) that are attributed to benefit to the public at large is estimated to be $160 and will be funded by the General Fund.

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CITY COUNCIL AGENDA ITEM NO. E.5
08/25/2026
To ensure the Landscape & Lighting Assessment Districts are self-supporting, each district has an administrative cost factored into the maximum assessment rate during formation to cover creation of annual Engineer’s Reports and levying of assessments.

Funds to cover the costs associated with the formation of the Landscape & Lighting District have been deposited with the City by the developer.

BACKGROUND
The City previously formed Landscape & Lighting Assessment District No. 19-3 (Citywide and Local Maintenance Services) to provide a financing mechanism for new non-residential and multi-family development to offset the fiscal impacts these developments have on the operation and maintenance of public landscaping, parks, street lighting, and trails that provide a special benefit to properties within the applicable benefit areas.

The City is now proposing the formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services) initially encompassing the Alvernaz Commercial Shell Building and Fire Station 94 properties described below to annex future non-residential and multi-family development. The proposed district includes updated maximum assessment rates based on current maintenance costs and the special-benefit methodology set forth in the Engineer’s Report, including an assessment component that will provide funding for the City's master trail system.

The proposed formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services) is comprised of two projects, one of which consists of a 31,185 square foot commercial/industrial shell building known as Alvernaz Commercial Shell Building (APNs 010-150-049 and 010-150-050) located at 535 and 545 Harvest Park Drive. The second project is Fire Station 94, a two-story fire station located at 739 First Street (APNs 013-091-018 and 013-091-019). These properties are proposed to be included in the District to provide a funding mechanism for the annual operation, maintenance, and capital replacement of items such as public streetlights, landscaping, open space areas, trails, and parks which benefit the properties associated with each development.

The Landscaping and Lighting Act of 1972 requires the formation proceedings to occur in sequence. Under Streets and Highways Code section 22585, the City Council must first adopt a resolution initiating proceedings and ordering the engineer to prepare and file an Engineer’s Report. After the engineer completes and files the Engineer’s Report with the City Clerk, the City Council may approve the report pursuant to Streets and Highways Code section 22586 and then adopt a resolution of intention pursuant to Streets and Highways Code section 22587.

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CITY COUNCIL AGENDA ITEM NO. E.5
08/25/2026
The Engineer’s Report identifies public improvements to be maintained, as well as maximum annual assessment rates to be levied on properties benefiting from these improvements. The assessment rates may or may not change each fiscal year, dependent on the maintenance budget, but cannot exceed the maximum annual assessment amount set when the assessment district was originally formed, plus an annual cost of living adjustment.

The City Council will first consider the resolution initiating the formation proceedings and ordering preparation and filing of the Engineer’s Report. If that resolution is adopted, the Engineer’s Report will be completed and filed with the City Clerk.

After the Engineer’s Report has been filed, the City Council will consider the second resolution approving the Engineer’s Report, declaring its intention to order formation of the District and levy annual assessments beginning in Fiscal Year 2027/28, and setting the October 13, 2026 public hearing.

The Engineer’s Report establishes the Fiscal Year 2026/27 base-year maximum assessment rates for Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services), provides for annual adjustment of those maximum rates, and identifies Fiscal Year 2027/28 as the first fiscal year in which assessments will be levied and collected. The district is comprised of the following seven (7) zones of benefit:
 Zone A (Arterial and Major Roadway Street Lighting)
 Zone B (Arterial and Major Roadway Landscaping)
 Zone C (City Parks)
 Zone D (Citywide Trails)
 Zone E (Local Street Lighting)
 Zone F-01 (Alvernaz Commercial Shell Building Local Landscaping)  Zone F-02 (Fire Station 94 Local Landscaping)
The Landscaping and Lighting Act of 1972, as supplemented by Proposition 218, also requires that the formation of any new assessment district be subject to a mailed assessment ballot proceeding for the record owners of the identified parcels proposed to be assessed, along with a noticed Public Hearing, prior to final formation of the District and levy of the assessments.

If the City Council adopts the attached resolutions, staff will initiate the noticing and balloting period, including mailing the required notices and ballots to the affected property owners.

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CITY COUNCIL AGENDA ITEM NO. E.5
08/25/2026
In order for the ballots to be counted, they must be returned to the City Clerk prior to the close of the public input portion of the Public Hearing, which will be held on October 13, 2026.

At the close of the public input portion of the Public Hearing, the City Clerk will tabulate the assessment ballots. If a majority protest is found, meaning that the weighted ballots opposed exceed those in favor, the proposed district may not be formed. If a majority protest is not found, the City Council may adopt a subsequent resolution ordering the improvements and formation of the District and confirming the assessment diagram and assessments for Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services).

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
The proposed actions are not a project subject to the California Environmental Quality Act (“CEQA”). The resolutions initiate proceedings to form Landscape & Lighting Assessment District No. 26-1, order and approve the Engineer’s Report, declare the City Council’s intention to levy assessments, and set a public hearing. These actions establish a governmental funding mechanism and do not approve or commit the City to the acquisition, construction, installation, or implementation of any specific physical improvement that may result in a potentially significant physical impact on the environment. The actions are excluded from the definition of a “project” pursuant to State CEQA Guidelines section 15378(b)(4), and no further CEQA review is required.

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

1. Do not approve staff’s recommendation. Not approving this action will result in the inability of the City to levy assessments beginning in Fiscal Year 2027/28

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CITY COUNCIL AGENDA ITEM NO. E.5
08/25/2026
to fund the operation, maintenance, and replacement of public improvements benefiting properties within Landscape and Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services), and result in a significant General Fund obligation.

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 Initiating Proceedings and Ordering Preparation and Filing of the Engineer’s Report

3. Resolution Approving the Engineer’s Report and Declaring the City Council’s Intention to Form the District and Levy Assessments

4. Engineer’s Report for LLAD 26-1 (Citywide and Local Maintenance Services)

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

Actions were taken in previous years to form the City’s seventy-one (71) Landscape and Lighting Assessment Districts.

On March 25, 2025, by Resolution No. 2025-30, the City Council approved and authorized the City Manager or his/her designee to execute a Professional Services Agreement with Francisco and Associates Inc. for a two-year term, in an amount not to exceed $238,950 per agreement year for assessment engineering services for Fiscal Years 2025/26 and 2026/27. In addition, the two-year agreement includes an option to extend the agreement for two additional one-year terms.

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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD INITIATING PROCEEDINGS FOR THE FORMATION
OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 26-1
(CITYWIDE AND LOCAL MAINTENANCE SERVICES) AND
ORDERING THE PREPARATION AND FILING OF AN ENGINEER’S
REPORT
WHEREAS, the Landscaping and Lighting Act of 1972, codified at Streets and Highways Code section 22500 et seq. (“Act”), authorizes the City Council to form an assessment district and levy assessments to finance the maintenance and servicing of eligible public improvements that provide special benefit to assessed property; and WHEREAS, the City Council desires to initiate proceedings to form Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services) (“District”) to provide a financing mechanism for the proportionate special-benefit costs associated with the operation, maintenance, servicing, repair, replacement, and administration of public landscaping, irrigation, parks, street lighting, trails, and related improvements; and
WHEREAS, the territory initially proposed for inclusion in the District consists of four parcels comprising two projects: the Alvernaz Commercial Shell Building, located at 535 and 545 Harvest Park Drive and identified as Assessor’s Parcel Numbers 010-150-049 and 010-150-050 and Fire Station 94, located at 739 First Street and identified as Assessor’s Parcel Numbers 013-091-018 and 013-091-019; and
WHEREAS, the proposed District includes the following seven zones of benefit:

A. Zone A, Arterial and Major Roadway Street Lighting;
B. Zone B, Arterial and Major Roadway Landscaping;
C. Zone C, City Parks;
D. Zone D, Citywide Trails;
E. Zone E, Local Street Lighting;
F. Zone F-01, Alvernaz Commercial Shell Building Local Landscaping; and G. Zone F-02, Fire Station 94 Local Landscaping; and

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WHEREAS, Streets and Highways Code section 22585 requires proceedings for the formation of an assessment district to be initiated by a resolution that proposes formation of the district, generally describes the improvements and proposed district, specifies a distinctive designation for the district, and orders the engineer to prepare and file a report in accordance with the Act; and WHEREAS, Francisco & Associates, with Eduardo R. Espinoza, P.E., serving as the responsible professional engineer, has performed preparatory engineering work and prepared a proposed Engineer’s Report in anticipation of these proceedings, but the proposed report has not been formally filed with the City Clerk or approved by the City Council pursuant to Streets and Highways Code section 22586; and WHEREAS, the proposed action establishes a governmental funding mechanism and does not authorize or commit the City to construct any new physical improvement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood as follows:

1. The recitals above are true and correct and are incorporated into this Resolution.

2. Pursuant to the Landscaping and Lighting Act of 1972, the City Council initiates proceedings and proposes the formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services).

3. The distinctive designation of the proposed assessment district is “Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services).”

4. The territory initially proposed for inclusion in the District consists of the following parcels located within the City of Brentwood:

A. Assessor’s Parcel Number 010-150-049, located at 535 Harvest Park Drive;
B. Assessor’s Parcel Number 010-150-050, located at 545 Harvest Park Drive;
C. Assessor’s Parcel Number 013-091-018, located at 739 First Street; and D. Assessor’s Parcel Number 013-091-019, located at 739 First Street.

5. The improvements proposed to be maintained and serviced through the District generally include public landscaping, irrigation, parks, street lighting, trails, open-space areas, and associated facilities located in and along arterial and collector streets and within other public areas that provide special benefit to the assessable parcels within the District. The services to be funded may include the operation, maintenance, servicing, repair, replacement, and

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administration of those improvements, to the extent authorized by the Act and Article XIII D of the California Constitution.

6. The proposed District includes the following seven zones of benefit:

A. Zone A, Arterial and Major Roadway Street Lighting;
B. Zone B, Arterial and Major Roadway Landscaping;
C. Zone C, City Parks;
D. Zone D, Citywide Trails;
E. Zone E, Local Street Lighting;
F. Zone F-01, Alvernaz Commercial Shell Building Local Landscaping; and G. Zone F-02, Fire Station 94 Local Landscaping.

7. The City Council designates Francisco & Associates, with Eduardo R.

Espinoza, P.E. serving as the responsible professional engineer, as the “engineer” for purposes of the Act and these formation proceedings.

8. Pursuant to Streets and Highways Code section 22585, subdivision (d), the City Council orders the engineer to prepare and file with the City Clerk an Engineer’s Report in accordance with Article 4, commencing with section 22565, of Chapter 1 of the Act. The Engineer’s Report shall include all matters required by the Act and Article XIII D of the California Constitution, including a description of the improvements, an estimate of costs, an assessment diagram, a benefit analysis, an assessment methodology, and the proposed maximum assessments upon the assessable lots and parcels within the District.

9. The City Council acknowledges that the engineer has performed preparatory work and prepared a proposed Engineer’s Report in anticipation of these proceedings. Following adoption of this Resolution, the engineer shall review the proposed Engineer’s Report, make any corrections or revisions the engineer determines necessary or appropriate, complete the Engineer’s Report, and file the completed Engineer’s Report with the City Clerk. The engineer may incorporate into the completed Engineer’s Report the preparatory work performed before adoption of this Resolution. Before filing the completed Engineer’s Report, the engineer shall execute a certification confirming that the Engineer’s Report is submitted pursuant to this Resolution.

10.Before filing the Engineer’s Report, the engineer shall confirm that the report complies with the requirements of the Act and Article XIII D of the California Constitution, including the requirement that the report identify the applicable

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fiscal year and calculate the proposed assessment for each identified assessable parcel.

11.This Resolution does not approve the proposed Engineer’s Report or any assessment. The Engineer’s Report shall be presented to the City Council for consideration only after the engineer has completed and filed the report with the City Clerk pursuant to Streets and Highways Code section 22586.

12.The City Council finds that adoption of this Resolution and initiation of the proposed assessment proceedings are not a project subject to the California Environmental Quality Act pursuant to State CEQA Guidelines section 15378(b)(4), because the action establishes a governmental funding mechanism and does not commit the City to any specific project that may result in a potentially significant physical impact on the environment. This Resolution does not approve or authorize the acquisition, construction, or installation of any specific physical improvement.

13.The City Clerk, City Manager, City Engineer, and their respective designees are authorized and directed to take all actions necessary or appropriate to implement this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 25th day of August 2026, by the following vote:

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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING THE ENGINEER’S REPORT AND

DECLARING ITS INTENTION TO ORDER THE FORMATION OF
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 26-1
(CITYWIDE AND LOCAL MAINTENANCE SERVICES), DECLARING

ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND
SETTING OCTOBER 13, 2026, AT 7:00 P.M. AS THE DATE AND

TIME FOR A PUBLIC HEARING PURSUANT TO THE LANDSCAPING
AND LIGHTING ACT OF 1972, ARTICLE XIII D OF THE
CALIFORNIA CONSTITUTION, AND THE PROPOSITION 218

OMNIBUS IMPLEMENTATION ACT
WHEREAS, the Landscaping and Lighting Act of 1972, codified at Streets and Highways Code section 22500 et seq. (“Act”), authorizes the City Council to form an assessment district and levy assessments to finance the maintenance and servicing of eligible public improvements that provide special benefit to assessed property; and WHEREAS, earlier at this meeting, the City Council adopted Resolution No. 2026-XX, initiating proceedings for the formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services) (“District”), generally describing the proposed improvements and District, and designating Francisco & Associates, with Eduardo R. Espinoza, P.E., serving as the responsible professional engineer, as the engineer for these proceedings and ordering the engineer to prepare and file an Engineer’s Report; and
WHEREAS, following adoption of Resolution No. 2026-XX, the engineer completed and filed with the City Clerk the Engineer’s Report for the formation of the District, which includes a description of the improvements, the District boundaries and zones of benefit, an assessment diagram, an estimate of costs, a benefit analysis, an assessment methodology, and the proposed maximum assessments upon the assessable lots and parcels within the District; and
WHEREAS, Streets and Highways Code section 22586 authorizes the City Council to approve the Engineer’s Report as filed or to modify the report and approve it as modified; and
WHEREAS, the City Council has reviewed the Engineer’s Report and desires to approve it as filed; and
WHEREAS, the Engineer’s Report identifies Fiscal Year 2026/27 as the base year used to establish the maximum assessment rates and Fiscal Year 2027/28 as the first fiscal year in which assessments will be levied and collected, with the maximum assessment rates for Fiscal Year 2027/28 determined in accordance with the annual adjustment formula set forth in the Engineer’s Report; and

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WHEREAS, Streets and Highways Code section 22587 requires the City Council, after approving the Engineer’s Report, to adopt a resolution declaring its intention to order the formation of the District and levy and collect assessments, generally describing the improvements and location of the District, referring interested persons to the Engineer’s Report, and fixing the time and place for a public hearing; and
WHEREAS, Streets and Highways Code section 22588 requires the City Council to comply with the notice, protest, and hearing procedures established by Government Code section 53753; and
WHEREAS, Article XIII D, section 4 of the California Constitution requires that the proposed assessments be supported by a detailed engineer’s report, imposed only upon parcels receiving a special benefit, proportionally allocated among the assessed parcels, and approved through a mailed assessment ballot proceeding; and WHEREAS, the proposed action establishes a governmental funding mechanism and does not authorize or commit the City to construct any new physical improvement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood as follows:

1. The recitals above are true and correct and are incorporated into this Resolution.

2. Pursuant to Streets and Highways Code section 22586, the City Council approves the Engineer’s Report for Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services), as filed with the City Clerk following adoption of Resolution No. 2026-XX.

3. Following its approval of the Engineer’s Report in Section 2 of this Resolution, the City Council declares its intention to order the formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services) and to levy and collect annual assessments upon the assessable lots and parcels within the District beginning in Fiscal Year 2027/28, with the maximum assessment rates for Fiscal Year 2027/28 determined in accordance with the assessment methodology and annual adjustment formula set forth in the Engineer’s Report.

4. The improvements proposed to be maintained and serviced through the District generally include public landscaping, irrigation, parks, street lighting, trails, open-space areas, and associated facilities located in and along arterial and collector streets and within other public areas that provide special benefit to the assessable parcels within the District. The services to be funded may include the operation, maintenance, servicing, repair, replacement, and administration of those improvements, to the extent authorized by the Act and Article XIII D of the California Constitution.

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5. The District is generally located at 535 and 545 Harvest Park Drive and 739 First Street in the City of Brentwood and initially includes Assessor’s Parcel Numbers 010-150-049, 010-150-050, 013-091-018, and 013-091-019.The District includes the following seven zones of benefit:

A. Zone A, Arterial and Major Roadway Street Lighting;
B. Zone B, Arterial and Major Roadway Landscaping;
C. Zone C, City Parks;
D. Zone D, Citywide Trails;
E. Zone E, Local Street Lighting;
F. Zone F-01, Alvernaz Commercial Shell Building Local Landscaping; and G. Zone F-02, Fire Station 94 Local Landscaping.

7. All interested persons are referred to the Engineer’s Report filed with the City Clerk following adoption of Resolution No. 2026-XX for a full and detailed description of the improvements, the boundaries of the District and its zones of benefit, the assessment diagram, the estimate of costs, the benefit analysis, the assessment methodology, and the proposed maximum assessments upon the assessable lots and parcels within the District.

8. The City Council will conduct a public hearing on October 13, 2026, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed formation of the District and the levy of the proposed annual assessments upon the assessable lots and parcels within the District. The public hearing will be held in the City Council Chambers, 150 City Park Way, Brentwood, California.

9. At the public hearing, the City Council will consider all objections or protests concerning the proposed formation of the District and the levy of assessments.

Any person may present written or oral testimony (Government Code section 53753). The City Council may continue the public hearing from time to time as authorized by law.

10. The City Council directs the City Clerk to mail notice of the public hearing and an assessment ballot to the record owner of each identified parcel proposed to be assessed within the District at least 45 days before the public hearing. The notice, assessment ballots, envelopes, and mailing procedures shall comply with Article XIII D of the California Constitution, Government Code section 53753, and the Act.

11. Each assessment ballot must be signed and mailed or otherwise delivered to the address stated on the ballot. To be included in the tabulation, an assessment ballot must be received at the address stated on the ballot or at

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the site of the public hearing before the conclusion of public testimony on the proposed assessment. A person who submits an assessment ballot may change or withdraw the ballot before the conclusion of public testimony.

12. Assessment ballots shall remain sealed until the tabulation begins. The City Council designates the City Clerk as the impartial person responsible for tabulating the assessment ballots pursuant to Government Code section 53753 and finds that the City Clerk has no vested interest in the outcome of the proposed assessment. The assessment ballots shall be unsealed and tabulated in public view at the conclusion of the public hearing in a manner that permits interested persons to meaningfully monitor the accuracy of the tabulation process, unless the City Council continues the tabulation to a different time or location accessible to the public and announces the time and location at the public hearing (Government Code section 53753).

13. A majority protest exists if the assessment ballots submitted and not withdrawn in opposition to the proposed assessment exceed the assessment ballots submitted and not withdrawn in favor of the proposed assessment, with the ballots weighted according to the amount of the proposed assessment to be imposed upon the identified parcel for which each ballot was submitted. If a majority protest exists, the proceedings for formation of the District shall be abandoned, and the proposed assessments shall not be imposed.

14. If a majority protest does not exist, the City Council may adopt a subsequent resolution ordering the improvements and the formation of the District and confirming the assessment diagram and assessments, either as originally proposed or as changed by the City Council (Streets and Highways Code section 22594).

15. Information regarding any available methods of remote public participation will be stated in the published agenda for the October 13, 2026 City Council meeting. Participation by Zoom, telephone, email, or another remote method does not constitute the submission of an assessment ballot.

16. The City Council finds that adoption of this Resolution and establishment of the proposed assessment funding mechanism are not a project subject to the California Environmental Quality Act pursuant to State CEQA Guidelines section 15378(b)(4), because the action establishes a governmental funding mechanism and does not commit the City to any specific project that may result in a potentially significant physical impact on the environment. This Resolution does not approve or authorize the acquisition, construction, or installation of any specific physical improvement.

17. The City Clerk, City Manager, City Engineer, and their respective designees are authorized and directed to take all actions necessary or appropriate to implement this Resolution and conduct the required notice, hearing, and assessment ballot proceedings.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on August 25, 2026, by the following vote:

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Landscape & LighƟng
Assessment District No. 26-1
(Citywide and Local Maintenance Services)
Fiscal Year 2027-28
Engineer’s Report
August 25, 2026

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Formation of LLAD No. 26-1
Engineer’s Report for Fiscal Year 2027-28 TABLE OF CONTENTS i

TABLE OF CONTENTS
Page No.

City Directory.........................................................................................................ii Certificates............................................................................................................iii Section I – Introduction......................................................................................... 1 Section II – Impacts of Proposition 218 ................................................................ 4 Section III – Engineer’s Report............................................................................. 6 Part A – Plans and Specifications ................................................................... 8 Part B – Estimate of Cost.............................................................................. 10 Part C – Assessment District Diagram .......................................................... 11 Part D – Method of Apportionment of Assessment ....................................... 14 Part E – Property Owner List & Assessment Roll.......................................... 35 Appendix A – Maximum Assessment Amounts and Assessment Roll...............A-1 Appendix B – Benefit Boundary Diagrams ........................................................B-1

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Formation of LLAD No. 26-1
Engineer’s Report for Fiscal Year 2027-28 CITY DIRECTORY ii

CITY OF BRENTWOOD
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT No. 26-1
(CITYWIDE AND LOCAL MAINTENANCE SERVICES)
FISCAL YEAR 2027-28

CITY COUNCIL MEMBERS AND CITY STAFF
Susannah Meyer
Mayor
Pa'tanisha Pierson
Vice Mayor
Jovita Mendoza
Council Member
Faye Maloney
Council Member
Tony Oerlemans
Council Member
Terrance Davis
Acting City Manager
Allen Baquilar
City Engineer
Amanda McVey
City Clerk
Christine Andrews
Acting Director of Finance & Information
Systems/City Treasurer
E. Harith Aleem
Director of Parks & Recreation
Francisco & Associates
Assessment Engineer

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Formation of LLAD No. 26-1
Engineer’s Report for Fiscal Year 2027-28 CERTIFICATES
iii
ENGINEER’S REPORT

CITY OF BRENTWOOD
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT No. 26-1
(CITYWIDE AND LOCAL MAINTENANCE SERVICES)
FISCAL YEAR 2027-28
The undersigned, acting on behalf of Francisco & Associates, respectfully submits the enclosed Engineer’s Report as directed by the City of Brentwood City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution and provisions of the Landscaping and Lighting Act of 1972 commencing with Section 22500 et. Seq. of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: August 19, 2026 By:

Eduardo R. Espinoza, P.E.

CE No. 83709
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached was filed with me on the 20th day of August, 2026.

Amanda McVey, City Clerk
City of Brentwood
Contra Costa County, California
By______________________________
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram, thereto attached, was approved and confirmed by the City Council of the City of Brentwood, Contra Costa County, California, on the 13th day of October, 2026.

Amanda McVey, City Clerk
City of Brentwood
Contra Costa County, California
By______________________________

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Formation of LLAD No. 26-1 SECTION I
Engineer’s Report for Fiscal Year 2027-28 INTRODUCTION
1 SECTION I

INTRODUCTION
ENGINEER’S REPORT
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 26-1
(CITYWIDE AND LOCAL MAINTENANCE SERVICES)
FISCAL YEAR 2027-28
To ensure the proper flow of funds for the ongoing operation, maintenance, servicing and replacement of specific improvements within the City of Brentwood (the “City”), the City Council, through the Landscaping and Lighting Act of 1972, has previously approved the formation of seventy-one (71) Landscape & Lighting Assessment Districts (LLADs) and is currently proposing the formation of one (1) additional LLAD, which is the purpose of this Report. Improvements, which may be operated, maintained, serviced, and replaced by the LLADs, include, but are not limited to, landscaping, park, streetlighting, and trail improvements.

If the formation of LLAD 26-1 (the “District”) is approved, the District will consist of the following seven (7) zones of benefit:
• Zone A (Arterial and Major Roadway Street Lighting)
• Zone B (Arterial and Major Roadway Landscaping)
• Zone C (City Parks)
• Zone D (Citywide Trails)
• Zone E (Local Street Lighting)
• Zone F-01 (Alvernaz Commercial Shell Building Local Landscaping) • Zone F-02 (Fire Station 94 Local Landscaping)
As generally defined by the Landscaping and Lighting Act of 1972, improvements, which may be acquired, constructed, operated, or which are appurtenant to any of the foregoing or which are necessary or convenient to be maintained and serviced by the LLADs, generally include, but are not limited to:
• The installation or planting of landscaping;
• The installation or construction of statuary, fountains, and other ornamental structures and facilities;
• The installation or construction of public lighting facilities, including, but not limited to, traffic signals;
• The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities;

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Formation of LLAD No. 26-1 SECTION I
Engineer’s Report for Fiscal Year 2027-28 INTRODUCTION
2 • The installation of park or recreational improvements, including, but not limited to, all the following:
o Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage; o Lights, playground equipment, play courts, and public restrooms; o The acquisition of land for park, recreational, or open-space purposes; and
o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances.
• Incidental expenses associated with the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagrams, and assessment;
o The costs of printing, advertising, publishing, posting, and mailing notices; o Compensation payable to the county for collection of assessments; o Compensation of any engineer, consultant, or attorney employed to render services in proceedings pursuant to this part;
o Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
o Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5 of the Landscaping and Lighting Act of 1972; and o Costs associated with elections for the approval of new or increased assessments.

The improvements that may be acquired, constructed, operated, maintained and serviced by each of the zones of benefit has been further defined within Section III, Part A of this report.

Generally, the aforementioned public improvements are installed as a part of the conditions of approval to construct new housing or commercial/industrial developments.

The ongoing operation, maintenance, servicing, and replacement of these improvements are funded through the LLADs. The formation of these LLADs ensure that the operation, maintenance, servicing, and replacement of the improvements are specifically paid for by those property owners who directly benefit from the improvements.

If formed, the District will consist of one commercial property and one institutional property owned by the Contra Costa County Fire Protection District as described in Table 1 below:

Project Name
Assessable
Property Project Site Location
Alvernaz Commercial Shell Building 2.00 acres 535 and 545 Harvest Park Drive Fire Station 94 0.31 acres 739 First Street
Table No. 1 - LLAD No. 26-1 Project Descriptions

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Formation of LLAD No. 26-1 SECTION I
Engineer’s Report for Fiscal Year 2027-28 INTRODUCTION
3 In order to form the District, majority property owner voter approval is needed prior to final approval from City Council. This process is discussed in Section II, ‘Impacts of Proposition 218’ of this Report.

As required by the Landscaping and Lighting Act of 1972, this Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District, (2) an estimated budget for the District, and (3) a listing of the proposed maximum assessments to be levied upon each assessable lot or parcel within the District.

This Report applies to Fiscal Year (FY) 2027–28, the first fiscal year in which assessments will be levied and collected. However, the City’s FY 2026–27 budget and cost information is the best available data at the time this Report was prepared.

Accordingly, all amounts stated in this Report are expressed in FY 2026–27 dollars, which serves as the “Base-Year” for establishing the District maximum assessment rates. The maximum assessment rates for FY 2027–28 will be determined by applying the annual adjustment formula described on page 33 of this Report to the Base-Year maximum assessment rates.

The City of Brentwood will hold a Public Hearing on October 13, 2026, regarding the formation of the District and the associated zones of benefit. At the Public Hearing, the City will provide an opportunity for any interested person to be heard. After the Public Hearing, if the assessment ballot tabulation is favorable, the City Council may adopt a resolution forming the District and confirming the maximum assessment rates as originally proposed or as modified.

Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this report.

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Formation of LLAD No. 26-1 SECTION II
Engineer’s Report for Fiscal Year 2027-28 IMPACTS OF PROPOSITION 218 4 SECTION II
IMPACTS OF PROPOSITION 218
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT No. 26-1
(CITYWIDE AND LOCAL MAINTENANCE SERVICES)
FISCAL YEAR 2027-28
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote On Taxes Act" which added Articles XIIIC and XIIID to the California Constitution.

While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts.

These new procedures stipulate that even if assessments are initially exempt from Proposition 218, new or future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessment was anticipated in the assessment formula (e.g., CPI increase or assessment cap) then the assessment increase is compliant with the intent and provisions of Proposition 218.

In order to form the District, property owner voter approval is required prior to final approval from City Council. In order to comply with the requirements of Proposition 218, the City of Brentwood has implemented the following procedures:
1) Every record owner within the District will be mailed a ballot, which allows the record owner to cast their vote either in favor or against the proposed formation of the District. A notice describing the assessment, the individual property owner’s maximum annual assessment rate, the duration of the assessment, the reason for the assessment, and the basis upon which the assessment is calculated will accompany the ballots.
2) After the close of the public input portion of the Public Hearing, the ballots, which have been returned to the City Clerk will be tabulated to determine whether a majority protest against the formation of the District exists. 3) When tabulating the assessment ballots, they will be weighted based on their proportionate maximum assessment amount.
4) Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not used for business purposes similar to private residential, commercial, industrial and institutional activities.

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Formation of LLAD No. 26-1 SECTION II
Engineer’s Report for Fiscal Year 2027-28 IMPACTS OF PROPOSITION 218 5 All property owners will be noticed in accordance with Proposition 218 a minimum of 45 days prior to the Public Hearing, unless a shorter notice period is agreed to by all affected property owners. After the Public Hearing and after the ballots have been tabulated, the City Council may adopt a resolution confirming the maximum assessment rate either as originally proposed or as modified.

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 ENGINEER’S REPORT 6 SECTION III

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California Streets and Highways Code), Proposition 218, and the Resolution of Initiation adopted by the City Council of the City of Brentwood on August 25, 2026, initiating formation proceedings and ordering the preparation and filing of the required Engineer’s Report, this report has been prepared in connection with the proceedings for:

CITY OF BRENTWOOD
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 26-1
FISCAL YEAR 2027-28
Herein after referred to as the “District", I, Eduardo Espinoza, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements in the District. Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the Parks & Recreation Department and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and is on file in the Office of the Parks & Recreation and Engineering Department.

PART C: ASSESSMENT DIAGRAM
This part incorporates by reference a diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District.

The diagram has been prepared by the Engineer of Work and is on file in the Office of the Brentwood City Clerk. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report.

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 ENGINEER’S REPORT 7 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part contains the method of apportionment of assessments, based upon parcel classification of land within the District in proportion to the estimated benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL
This part contains a list of the Contra Costa County Assessor’s Parcel numbers, and the maximum amount to be assessed upon the benefited lands within the District. The Assessment Roll is filed in the Office of the Brentwood City Clerk and is incorporated in this Report by reference. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART A
8 PART A

PLANS AND SPECIFICATIONS
The facilities, which have been constructed that benefit the District, and those which may be subsequently constructed, will be operated, maintained and serviced, are generally described as follows:

The operation, maintenance, servicing, and replacement of landscaping and street lighting located along arterial and local roadways, trails, parks and recreational facilities, and appurtenant facilities including but not limited to; personnel, electrical energy, utilities such as water, materials, contractual services, and other items necessary for the satisfactory operation of these services and facilities as described below.

A more detailed description of the facilities which either have or will be constructed, operated, maintained and serviced within each of the benefit zones follows.

Zone A - Street Lighting Along Arterial and Major Roadways Maintenance of the median and roadside street lights located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Diagram (Appendix page B-2) and described in Table 3 of this report consist of, but are not limited to:
operation, maintenance, servicing, and replacement of poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and other appurtenant facilities within the public rights-of-way and easements benefitting parcels within the boundaries of Zone A. The arterial and major roadway street lighting benefit boundary is conterminous with the City of Brentwood.

Zone B - Landscaping Along Arterial and Major Roadways
Maintenance of the median and roadside landscaping facilities located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Diagram (Appendix page B-2) and described in Table 4 of this report consist of, but are not limited to: operation, maintenance, servicing, and replacement of landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, fences, and other appurtenant facilities required to provide landscaping within the public rights-ofway and easements benefitting parcels within the boundaries of Zone B. The arterial and major roadway benefit boundary is conterminous with the City of Brentwood.

Zone C – City Parks
Maintenance of Community and Neighborhood parks and associated open space facilities as shown on the Parks Benefit Boundary Diagram (Appendix page B-3) and

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART A
9 described in Table 5 of this Report consist of, but are not limited to: operation, maintenance, servicing, and replacement of park, open space areas, creeks, ponds, pathway materials, landscaping, trees, shrubbery, sidewalks, tot lots, park equipment, playgrounds, fences, etc. including the removal of trash and debris, and other appurtenant facilities within the public park areas, public rights-of-way, and easements benefitting parcels within the boundaries of Zone C.

Zone D – Citywide Trails Facilities
Maintenance of Citywide trails facilities as shown on the Citywide Trails Benefit Boundary diagram (Appendix Page B-4) and described in Table 6 of this report consist of, but are not limited to: operation, maintenance, servicing, and replacement of open space areas, trails, etc. including landscaping, irrigation, hardscapes, pathway materials, removal of trash and debris, and other appurtenant facilities within the public rights-of-way and easements that benefit parcels within the boundaries of the District.

Zone E - Local Street Lighting
Maintenance of the median and roadside street lights located along local and collector roadways and the portion of maintenance attributed to the local benefit of median and roadside street lights located along arterial and major roadways as shown on the Local Street Lighting Diagram (Appendix page B-5) as described in Table 7 of this report consist of, but are not limited to: operation, maintenance, servicing, and replacement of poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and other appurtenant facilities within the public rights-ofway and easements benefitting parcels within the boundaries of Zone E.

Zone F-01 and F-02 - Local Landscaping
Maintenance of the frontage landscaping facilities located along local and collector roadways and the portion of maintenance attributed to the local benefit of frontage landscaping located along arterial and major roadways as shown on the Local Improvement Benefit Diagrams (Appendix pages B-6 and B-7) and described on Table 8 of this report consist of, but are not limited to: operation, maintenance, servicing, and replacement of landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, fences, and other appurtenant facilities required to maintain and provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of Zone F-01 and F-02.

The plans and specifications for the improvements associated with all the zones described above are on file in the Office of the Parks & Recreation Department of the City of Brentwood.

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART B
10 PART B

ESTIMATE OF COST
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of each LLAD. The Act provides that the total cost of construction, operation, maintenance, servicing, and replacement of the landscaping, street lighting, trails, open space, parks and recreational facilities can be recovered by each District.

Incidental expenses including administration of the LLADs, engineering fees, County collection fees, legal fees and all other ancillary costs associated with the construction, operation, maintenance, servicing, and replacement of the District can also be included.

Table No. 2 below shows the total operation, maintenance, servicing, and reserve budgets of all improvements for the Base-Year. The amounts shown in the table below are subject to the annual adjustment formula described on page 33 of this Report and may be assessed against the benefiting parcels within the District and the applicable zones of benefit beginning in FY 2027–28.

Other Non
LLAD No. 26-1 District Parcels District Parcel
LLAD No. 26-1 FY 2026-27 Special Special Special General Benefit Zone Estimated Cost Benefit Benefit1 Benefit2 Benefit3 Arterial and Major Roadway Street Lighting (Zone A) $523,631.89 $138.40 $403,798.48 $104,979.48 $14,715.53 Arterial and Major Roadway Landscaping (Zone B) $4,755,903.71 $1,418.59 $4,138,934.42 $538,029.47 $77,521.23 Community and Neighborhood Parks (Zone C) $9,914,390.81 $1,660.79 $8,480,951.22 $1,095,209.86 $336,568.94 Citywide Trail System (Zone D) $4,008,667.73 $1,037.99 $2,826,801.90 $900,221.10 $280,606.74 Local Street Lighting (Zone E) $985.00 $985.00 N/A N/A N/A Alvernaz Commercial Shell Building (Zone F-01) $3,090.91 $3,090.91 N/A N/A N/A Fire Station 94 (Zone F-02) $1,522.04 $1,522.04 N/A N/A N/A Subtotal $19,208,192.09 $9,853.72 $15,850,486.02 $2,638,439.91 $709,412.44 1 This represents the special benefit amounts allocated to parcels located within other existing City of Brentwood Districts. These amounts will be paid for by parcels located within those Districts.
2 This represents the special benefit amounts allocated to parcels not located within existing City of Brentwood Districts. These amounts will be funded by the City's General Fund or by some other non-assessment district funds until new development occurs on these parcels. 3 General Benefit will be funded by the City's General Fund or by another non-assessment district funds. The share of General Benefit attributed to the District for Benefit Zones A, B, C, and D is a total of $159.60 for the Base-Year .

Table No. 2 - LLAD No. 26-1 Cost Estimate (FY 2026-27 Dollars) Revenues collected from the assessment shall be used only for the purposes as stated herein. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year.

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART C
11 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are completely within the boundaries of the City of Brentwood. The Assessment Diagram is on file in the Office of the City Clerk of the City of Brentwood and shown on the following page of this report. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor, for the year when this report was prepared, and are incorporated by reference herein and made part of this report.

A reduced copy of the Assessment Diagram for the District and the associated zones of benefit are included on the following pages.

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LLAD No. 26-1 (Zones A, B, C, D, and E) Assessment District Diagram City of Brentwood
Vicinity Map
(not to scale)
Balfour Rd
Brentwood Blvd
Fire Station 94
(APNs 013-091-018
and 013-091-019) Pine St
Alvernaz Commercial
Shell Building
(APNs 010-150-049
and 010-150-050)
240 0 480
Feet
Project
Locations
Legend
LLAD No. 26-1 (Zones A, B, C, D, and E) Boundary
City Limits
Parcels
±

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LLAD No. 26-1 (Zone F) Assessment District Diagram
Balfour Rd
Brentwood Blvd
Fire Station 94
(APNs 013-091-018
and 013-091-019)
Alvernaz Commercial
Shell Building
(APNs 010-150-049
and 010-150-050)
Pine St
Legend
Project
LLAD No. 26-1 (Zone F-01) Boundary
LLAD No. 26-1 (Zone F-02) Boundary
City limits
Parcels
Project
Locations
260 0 520
Feet
±
City of Brentwood
Vicinity Map
(not to scale)
Project
Locations

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
14 PART D

METHOD OF APPORTIONMENT OF ASSESSMENT
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which includes, but is not limited to the construction, operation, maintenance, servicing and replacement of street lighting, landscaping, trails, open space and park improvements.

Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.”
In addition, Article XIIID, of the California Constitution limits the amount of any assessment to the proportional “special benefit” conferred on the property. Article XIIID provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. There is no widely accepted or statutory formula for determining general and special benefit. However, the constitution states that a special benefit is different from a general benefit in that it is “particular and distinct” and “over and above” general benefits received by other properties.

The Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement” (Sec. 22574). Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.

Article XIIID provided that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial and institutional activities.

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
15 The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. Additionally, it’s required that the City separate the general benefits from the special benefits, because only special benefits may be assessed. The quantification and separation of general benefit from special benefits follows for each of the proposed zones of benefit.

QUANTIFICATION OF BENEFIT
The District will provide a funding source for the operation, maintenance, servicing, and replacement of landscaping, parks, street lighting, trails and other facilities authorized under the statute that benefit properties within the boundaries of the District. Due to the varying degrees of operation, maintenance, and benefit conferred to property for each improvement type throughout the District, seven (7) specific benefit zones have been created. These zones are necessary to accurately track the operation, maintenance, servicing, and replacement costs for each improvement type.

Parcels benefiting from the streetlight improvements along arterial and major roadways are located in Zone A. Parcels benefiting from landscaping improvements along arterial and major roadways are located in Zone B. Parcels benefiting from community and neighborhood park improvements are located in Zone C. Parcels benefiting from Citywide Trails are located in Zone D. Parcels benefiting from local street lighting are located in Zone E. Parcels benefiting from local landscaping are located in Zone F-01 and Zone F-02.

In order for the City to separate the general benefits from the special benefits, because only special benefits may be assessed, both the general benefits and special benefits must be identified. In order to more clearly identify the properties that receive a benefit, a citywide analysis was performed on all landscaping, street lighting, park, and trail improvements within the City. The analysis reviewed the costs of each improvement type, the purpose and users of each improvement, and then identified the properties both within and outside the City, within and outside each LLAD, including the District, and then allocated the costs to maintain, service, and replace each improvement type to each identified property. Furthermore, the costs for each improvement type associated with special benefit are assigned to the District, other LLADs, and the City. Any costs associated with general benefits or special benefits assigned to properties (both within and outside and the City) not in the District are to be paid for by the City. Only the costs associated with the special benefits conferred on property within the District from the authorized improvements are assessable and therefore assessed herein. A summary of the analysis that occurred for each zone of benefit and the method of allocating costs for the associated improvement types follow:

Zone A - Street Lighting Along Arterial and Major Roadways Street Lighting Along Arterial and Major Roadway Assessment Methodology To determine which properties benefit from street lighting along the City’s arterial and major roadways a benefit analysis was performed. The analysis utilized Google Maps to

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
16 determine which arterial and major roadways within the City were most likely to be used by property owners/residents when driving or walking to various destinations inside and outside of the City. The analysis showed that all properties within the City would utilize the City’s arterial and major roadway system when traveling to destinations within the City or to other cities and communities. The analysis also found that there are additional properties located outside the City limits that would utilize the City’s arterial and major roadway system when traveling through the City to various destinations outside the City.

Vehicular or pedestrian traffic flow commencing outside of the City but traveling to a destination inside the City was determined to be a special benefit to the destination parcel within the City. The analysis used each parcel’s physical location as a starting destination and then selected ending destinations were inputted (e.g., neighboring cities or communities surrounding the City of Brentwood). If Google Maps showed the property owner/resident located outside the City would utilize the City’s arterial and major roadway system to travel to a destination outside of the City, then they were considered to receive a general benefit from the City’s arterial and major roadway system. In addition, the analysis showed that parcels outside of the City, that are not shaded on the Arterial and Major Roadways Benefit Boundary Diagram in Appendix B of this report, did not utilize the City’s roadways to travel to a destination parcel outside of the City, but would rather utilize Highway 4 to traverse the City or use an alternative route, therefore circumventing the City’s arterial and major roadways.

Street lighting located along the City’s arterial and major roadways provide a benefit to parcels inside and outside the City. The benefits from streetlights are enhanced illumination which allows for safer vehicle and pedestrian access to and from property.

In addition, this enhanced illumination helps deter criminal or suspicious activity such as property theft, vandalism, illegal dumping, etc.

In addition to the special and direct benefits the property owners within the City receive from these enhanced street lighting improvements, there are also some incidental general benefits received by vehicular and pedestrian flow-through traffic which originates from properties outside the City limits from individuals who use the City’s arterial and major roadway system to travel to another destination outside of the City. It has been determined that some properties not located within the City, north of the City limits, utilize arterial and major roadways within the City when traveling to destinations south of the City and that some properties not located within the City, south and east of the City limits, utilize arterial and major roadways within the City when traveling to a destination north of the City. Properties meeting these criteria have been identified in the Arterial and Major Roadways Benefit Boundary Diagram and such benefits must be accounted for and cannot be assessed to the properties within the District.

To quantify and separate the special benefits received by property owners within the City limits and the general benefit received by the property owners outside the City, an assessment methodology was applied to all benefitting properties (both inside and outside the City) as identified on the Arterial and Major Roadways Benefit Boundary Diagram. The assessment methodology utilizes the Equivalent Dwelling Unit (EDU) methodology as discussed below.

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
17 Single-Family Residential Parcels - The single-family residential parcel has been selected as the basic unit for the calculation of assessments since it represents approximately 90% of the parcels within the City. Therefore, the single-family residential parcel is defined as one (1.00) Equivalent Dwelling Unit (EDU) per parcel. The assessment methodology used to assign EDUs to other land uses in proportion to the special benefit they receive relative to the single-family residential parcel is discussed below.

Condominium, Townhome and Mobile Home Parcels - Condominiums, townhomes and mobile homes on average have approximately 75% of the building square footage compared to a single-family home, which translates to fewer residents per unit than a single-family home. Therefore, all condominium, townhome and mobile home parcels are assessed 0.75 EDUs per parcel.

Multi-Family Residential Units - Multi-family residential units on average have approximately 50% of the building square footage compared to a single-family home which translates to fewer residents per unit than a single-family home. Therefore, all multi-family parcels are assessed 0.50 EDUs per unit.

Non-Residential Parcels - Commercial, industrial, institutional, and other non-residential properties are assessed at three (3) EDUs per acre of land. The 3.00 EDU per acre allocation is based upon the average size of a single-family parcel in the City of Brentwood which is approximately 1/6 of an acre. For every acre of non-residential land approximately 6 single-family homes could be constructed on that acre of land which would equate to 6.00 EDUs per acre. Furthermore, it was determined that NonResidential parcels benefit less than residential properties from the authorized improvements because their employees have less time and opportunity to use and benefit from the improvements, than residents who live within the City. Employees typically benefit or may use the improvements before work, during breaks and at lunch, or after work. Residents have the ability to use the improvements during the same times and on weekends and holidays, since they reside in the area. Based on this information, it is reasonable to assume that for non-residential property the opportunity to use and benefit from the improvements is approximately 50% of that realized by residential properties. Therefore, EDUs assigned to non-residential property are assessed three (3) EDUs per acre of land because they have been discounted by 50% to account for the differences in benefit from improvements conferred on residential and non-residential property.

Exempt Parcels - Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not used for business purposes similar to private residential, commercial, industrial and institutional activities. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
18 houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

Following are exceptions to the methodology above:
• Undeveloped property in the City benefits less from arterial and major roadway street lighting than developed property because undeveloped parcels do not have structures which house residents or employees, and the number of vehicle and pedestrian trips is less than that of a developed property. However, street lights do confer benefit to undeveloped property, just not at the same level as developed property. Street lighting benefits undeveloped property by already being installed so that when development does occur the developed property will have safe vehicle and pedestrian ingress and egress immediately. Illumination of the arterial and major roadway streets also acts as a deterrent for illegal dumping on undeveloped land. Based on this information, it is reasonable to assume that undeveloped property benefits less than developed property. To determine the difference in special benefit conferred on developed and undeveloped property, the Contra Costa County Assessor’s assessed values for property within the City were reviewed to determine what percentage of assessed value is typically associated with the underlying land and what percentage is typically associated with the structure. Based upon the review, it was determined that approximately 25% of the assessed value of developed property in the City is associated with the underlying land. Based on the comparison of benefits of developed property to undeveloped property it is reasonable to assess the undeveloped property at 25% of the rate for developed property. Therefore, EDUs assigned to undeveloped property classified above have been reduced by 75% to account for the differences in benefit conferred on developed versus undeveloped property. • Some parcels outside of the City benefit from the City’s arterial and major roadway improvements because they would most likely travel through the City utilizing such arterial and major roadways, when accessing neighboring cities or areas outside the City. It is estimated that a property owner makes on average 10 vehicular trips per day for a single-family home. It is assumed that 2 of these trips may use the arterial and major roadways within the City of Brentwood if the property owners worked in cities located outside their city or community, such as San Francisco, Livermore, San Jose, etc. The remaining 8 vehicular trips (e.g. taking kids to school, day care, grocery store, after school activities, dinner, etc.) would most likely be within their own city/community or to a destination parcel within the City of Brentwood. Therefore, since only 2 out of the 10 daily trips are expected to be on the City’s arterial and major roadway system to travel to a destination outside of the City, an eighty (80) percent reduction was applied to each parcel’s EDUs for the parcels outside the City that benefit from the City’s arterial and major roadway improvements.

Based on the EDU assignments for all properties identified within the Arterial and Major Roadways Benefit Boundary Diagram, it was determined that 2.81% of the EDUs were

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
19 assigned to properties located outside of the City. Therefore, it is estimated that 97.19% of the annual cost to operate, maintain, service and replace the arterial and major roadway street lighting would be a special and direct benefit to the parcels within the City as shown on the Arterial and Major Roadways Benefit Boundary Diagram and

2.81% of the annual cost to operate, maintain, service and replace the arterial and major roadway street lighting would be a general benefit. Therefore, the arterial street lighting costs associated with special benefit are assigned to the District, other LLADs, and the City.

Street Lighting Along Arterial and Major Roadway Assessment Allocation The 1,405 roadside and median streetlights located along arterial and major roadways within the Arterial and Major Roadway Benefit Boundary cost approximately $523,632 per year to maintain in Base-Year FY 2026-27 dollars. The cost to maintain the streetlighting along the arterial and major roadways are spread to all benefitting parcels identified within the Arterial and Major Roadway Benefit Boundary. The parcels identified to be within the Arterial and Major Roadway Benefit Boundary equate to 26,181.59 EDUs which results in an annual assessment rate of $20.00 per EDU in Base-Year FY 2026-27 dollars. As previously discussed, 97.19% of the annual cost to operate and maintain the streetlights would be a special and direct benefit to the parcels within the Arterial and Major Roadway Benefit Boundary. Table No. 3 shows the streetlight cost allocation associated with arterials and major roadways.

Zone A
Other District Non District General Rate per EDU
Parcels Parcels Benefit4 (FY 2026-27
Improvement Type 0.03% 77.11% 20.05% 2.81% Dollars)3
Arterial and Major Roadway
Streetlighting $138.40 $403,798.48 $104,979.48 $14,715.53 $20.00 $138.40 $403,798.48 $104,979.48 $14,715.53 $20.00 1
Figures in the Assessment Allocation section of the report and the table above have been rounded for presentation purposes. 2 Zone A is comprised of the Alvernaz Commercial Shell Building and Fire Station 94. 3 The Zone A rate per EDU was determined by dividing the Zone A costs associated with special benefit by the projected number of EDUs for Zone A.
4 The share of General Benefit attributed to the District for Zone A is $4.00 for the Base-Year.

Zone A2
Table No. 3 - Arterial and Major Roadway Streetlighting Assessment Allocation1 Special Benefit
Zone B - Landscaping Along Arterial and Major Roadways
Landscaping Along Arterial and Major Roadway Assessment Methodology To determine which properties benefit from landscaping along the City’s arterial and major roadways a benefit analysis was performed. The analysis utilized Google Maps to determine which arterial and major roadways within the City were most likely to be used by property owners/residents when driving or walking to various destinations inside and outside of the City. The analysis showed that all properties within the City would utilize the City’s arterial and major roadway system when traveling to destinations within the City or to other cities and communities. The analysis also found that there are additional properties located outside the City limits that would utilize the City’s arterial and major roadway system when traveling through the City to various destinations outside the City.

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
20 Vehicular or pedestrian traffic flow commencing outside of the City but traveling to a destination inside the City was determined to be a general benefit to the destination parcel within the City. The analysis used each parcel’s physical location as a starting destination and then selected ending destination were inputted (e.g. neighboring cities or communities surrounding the City of Brentwood). If Google Maps showed the property owner/resident located outside the City would utilize the City’s arterial and major roadway system to travel to a destination outside of the City, then they were considered to receive a general benefit from the City’s arterial and major roadway system. In addition, the analysis showed that parcels outside of the City, that are not shaded on the Arterial and Major Roadways Benefit Boundary Diagram, did not utilize the City’s roadways to travel to a destination parcel outside of the City, but would rather utilize Highway 4 to traverse the City or use an alternative route, therefore circumventing the City’s arterial and major roadways.

Landscaping located along the City’s arterial and major roadways provide a benefit to parcels within and outside the City. The benefits from landscaping include enhanced beautification while driving or walking and enhanced beautification to the adjacent developments where the landscaping is located.

In addition to the special and direct benefits the property owners within the City receive from these enhanced landscaping improvements, there are also some incidental general benefits received by vehicular and pedestrian flow-through traffic which originates from properties outside the City limits from individuals who use the City’s arterial and major roadway system to travel to another destination outside of the City. It has been determined that some properties not located within the City, north of the City limits, utilize arterial and major roadways within the City when traveling to destinations south of the City and that some properties not located within City, south and east of the City limits, utilize arterial and major roadways within the City when traveling to a destination north of the City. Properties meeting these criteria have been identified in the Arterial and Major Roadways Benefit Boundary Diagram in Appendix B of this Report and such benefits must be accounted for and cannot be assessed to the properties within the District.

To quantify and separate the special benefits received by property owners within the City limits and the general benefit received by the property owners outside the City, an assessment methodology was applied to all benefitting properties (both inside and outside the City) as identified on the Arterial and Major Roadways Benefit Boundary Diagram. The assessment methodology utilizes the Equivalent Dwelling Unit (EDU) methodology as discussed below.

Single-Family Residential Parcels - The single-family residential parcel has been selected as the basic unit for the calculation of assessments since it represents approximately 90% of the parcels within the City. Therefore, the single-family residential parcel is defined as one (1.00) Equivalent Dwelling Unit (EDU) per parcel. The assessment methodology used to assign EDUs to other land uses in proportion to the

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
21 special benefit they receive relative to the single-family residential parcel is discussed below.

Condominium, Townhome and Mobile Home Parcels - Condominiums, townhomes and mobile homes on average have approximately 75% of the building square footage compared to a single-family home, which translates to fewer residents per unit than a single-family home. Therefore, all condominium, townhome and mobile home parcels are assessed 0.75 EDUs per parcel.

Multi-Family Residential Units - Multi-family residential units on average have approximately 50% of the building square footage compared to a single-family home which translates to fewer residents per unit than a single-family home. Therefore, all multi-family parcels are assessed 0.50 EDUs per unit.

Non-Residential Parcels - Commercial, industrial, institutional, and other non-residential properties are assessed at three (3) EDUs per acre of land. The 3.00 EDU per acre allocation is based upon the average size of a single-family parcel in the City of Brentwood which is approximately 1/6 of an acre. For every acre of non-residential land approximately 6 single-family homes could be constructed on that acre of land which would equate to 6.00 EDUs per acre. Furthermore, it was determined that NonResidential parcels benefit less than residential properties from the authorized improvements because their employees have less time and opportunity to use and benefit from the improvements, than residents who live within the City. Employees typically benefit or may use the improvements before work, during breaks and at lunch, or after work. Residents have the ability to use the improvements during the same times and on weekends and holidays, since they reside in the area. Based on this information, it is reasonable to assume that for non-residential property the opportunity to use and benefit from the improvements is approximately 50% of that realized by residential properties. Therefore, EDUs assigned to non-residential property are assessed three (3) EDUs per acre of land because they have been discounted by 50% to account for the differences in benefit from improvements conferred on residential and non-residential property.

Exempt Parcels - Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not used for business purposes similar to private residential, commercial, industrial and institutional activities. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

Following are exceptions to the methodology above:

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
22 • Undeveloped property in the City benefits less from arterial and major roadway landscaping than developed property because undeveloped parcels do not have structures which house residents or employees, and the number of vehicle and pedestrian trips is less than that of a developed property. However, landscaping does confer benefit to undeveloped property, just not at the same level as developed property. Landscaping benefits undeveloped property by already being installed so that when development does occur the developed property will have enhanced beautification entering their development area immediately.

Based on this information, it is reasonable to assume that undeveloped property benefits less than developed property. To determine the difference in special benefit conferred on developed and undeveloped property, the Contra Costa County Assessor’s assessed values for property within the City were reviewed to determine what percentage of assessed value is typically associated with the underlying land and what percentage is typically associated with the structure.

Based upon the review, it was determined that approximately 25% of the assessed value of developed property in the City is associated with the underlying land. Based on the comparison of benefits of developed property to undeveloped property it is reasonable to assess the undeveloped property at 25% of the rate for developed property. Therefore, EDUs assigned to undeveloped property have been reduced by 75% to account for the differences in benefit conferred on developed versus undeveloped property. • Some parcels outside of the City benefit from the City’s arterial and major roadway improvements because they would most likely travel through the City utilizing such arterial and major roadways, when accessing neighboring cities or areas outside the City. It is estimated that a property owner makes on average 10 vehicular trips per day for a single-family home. It is assumed that 2 of these trips may use the arterial and major roadways within the City of Brentwood if the property owners worked in cities located outside their city or community, such as San Francisco, Livermore, San Jose, etc. The remaining 8 vehicular trips (e.g. taking kids to school, day care, grocery store, after school activities, dinner, etc.) would most likely be within their own city/community or to a destination parcel within the City of Brentwood. Therefore, since only 2 out of the 10 daily trips are expected to be on the City’s arterial and major roadway system to travel to a destination outside of the City, an eighty (80) percent reduction was applied to each parcel’s EDUs for the parcels outside the City that benefit from the City’s arterial and major roadway improvements.
• Non-LLAD parcels in the City tend to be in the older parts of the City that are not adjacent to the lusher enhanced landscaping that was installed by the LLAD developments. This also holds true for the parcels located outside of the City limits. Therefore, non-LLAD parcels and parcels located outside of the City will receive a 50% reduction in their EDU assignment outlined in the assessment methodology described herein, since these parcels do not receive the same benefit of having the enhanced beautification along the arterial and major roadways adjacent to and entering their development. These property owners do

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23 however receive benefit from being able to drive down the enhanced landscaped streets while traveling to and from their destinations.

Based on the EDU assignments for all properties identified within the Arterial and Major Roadways Benefit Boundary Diagram, it was determined that 1.63% of the EDUs were assigned to properties located outside of the City. Therefore, it is estimated that 98.37% of the annual cost to operate, maintain, service and replace the arterial and major roadway landscaping would be a special and direct benefit to the parcels within the City as shown on the Arterial and Major Roadways Benefit Boundary Diagram and 1.63% of the annual cost to operate, maintain, service and replace the arterial and major roadway landscaping would be a general benefit. Therefore, the arterial landscaping costs associated with special benefit are assigned to the District, other LLADs, and the City.

Landscaping Along Arterial and Major Roadway Assessment Allocation The 119.902 acres of City-maintained landscaping along the arterial and major roadways within the Arterial and Major Roadway Benefit Boundary cost approximately $4,755,904 per year to maintain in Base-Year FY 2026-27 dollars. The cost to maintain the arterial and major roadway landscaping is spread to all benefitting parcels identified within the Arterial and Major Roadway Benefit Boundary. The parcels identified on the Arterial and Major Roadway Benefit Boundary equate to 23,199.53 EDUs which results in an annual assessment rate of $205.00 per EDU in Base-Year FY 2026-27 dollars. As previously discussed, 98.37% of the annual cost to operate and maintain the roadside and median landscaping would be a special and direct benefit to the parcels within the Arterial and Major Roadway Benefit Boundary. Table 4 shows the landscaping cost allocation associated with arterials and major roadways.

Zone B
Other District Non District General Rate per EDU
Parcels Parcels Benefit4 (FY 2026-27
Improvement Type 0.03% 87.03% 11.31% 1.63% Dollars)3
Arterial and Major Roadway
Landscaping $1,418.59 $4,138,934.42 $538,029.47 $77,521.23 $205.00 $1,418.59 $4,138,934.42 $538,029.47 $77,521.23 $205.00 1 Figures in the Assessment Allocation section of the report and the table above have been rounded for presentation purposes. 2 Zone B is comprised of the Alvernaz Commercial Shell Building and Fire Station 94. 3 The Zone B rate per EDU was determined by dividing the Zone B costs associated with special benefit by the projected number of EDUs for Zone B.
4 The share of General Benefit attributed to the District for Zone B is $23.51 for the Base-Year.

Zone B2
Table No. 4 - Arterial and Major Roadway Landscaping Assessment Allocation1 Special Benefit
Zone C - City Parks
Park Facilities Assessment Methodology
The City of Brentwood’s General Plan policy is aimed at ensuring that recreational opportunities will continue to exist throughout the City and that an adequate park system continues to be developed and maintained to serve the City. In keeping with these policies, the City Council formed a Citywide Assessment District for Park Maintenance in 1997 to secure a funding mechanism for a portion of the costs to

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
24 maintain these Community Parks and Neighborhood Parks. The status of the three Community Parks within the City are discussed below.
1) Brentwood Family Aquatic Complex (including Veteran’s Park & Skate Park): The Aquatic Complex located along Griffith Lane and Balfour Road is approximately 17 acres. The complex includes a 25-yard competition swimming pool, a tot pool, a lap/recreational/instructional pool, two (2) waterslides, shade structures, a shower building and 3.0 acres of adjacent landscaping. The pool and pool related facilities total approximately 3.5 acres. The remaining 13.3 acres includes a 22,000-square foot Skate Park, Veteran’s Park and an 8,500 square foot Senior Activity Center. An area adjacent to the pool has been reserved to enhance recreation opportunities for the pool users and the residents. The Skate Park includes some of the following features: beginners bowl, 4-sided pyramid, beginner’s fun box/ledge, intermediate pyramid, concrete bowls, hip/roll-in, quarter pipe/grind box, spine ramp and grind rails. Veterans Park includes some of the following features: bocce courts, horseshoe pits, shaded family picnic sites, play areas, benches, sand volleyball court, shaded group picnic areas, a parking lot, and a Veterans Memorial area. 2) Sunset Park: Sunset Park is approximately 39 acres and includes 6 ball diamonds, 2 restrooms, 2 concession stands, 3 group picnic areas, soccer field, play area for 2-5 and 5-12-year old age groups, and 2 lighted parking lots to accommodate approximately 350 vehicle spaces. All of the ball fields are lit. 3) Sand Creek Sports Complex: The City purchased 14.44 acres of land for the Sand Creek Sport Complex located at the corner of Fairview Avenue and Sand Creek Road. This site will eventually become a community sports use facility.

There are 100 parks spread throughout the City serving a population of approximately 65,000 residents. Community and neighborhood parks provide a special and direct benefit to the parcels within the City. The special and direct benefit to the parcels consists of enhanced recreational opportunities, including baseball, soccer, swimming, basketball, walking, jogging, etc. and the use of facilities such as: picnic tables, barbequing, playground equipment, community center rooms, etc. The parks and the associated recreational opportunities provide for more aesthetically pleasing neighborhoods, and an overall improved and healthier community image, etc. If these park improvements were not installed, property within the District would not look as appealing to property owners, prospective property buyers, and patrons alike, which would adversely affect the value of their property.

The Brentwood Parks, Trails, and Recreation Master Plan development guidelines states that, neighborhood parks should service residents, property owners, and employees within a ½ mile +/- radius or approximately 1,000 to 2,000 people. The City maintains on average one neighborhood park per 800 residents. In addition to the special and direct benefits the property owners receive within the City from these enhanced park improvements, there are also some incidental benefits received by

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Engineer’s Report for Fiscal Year 2027-28 PART D
25 residents located from outside the City that may utilize the City’s community and neighborhood parks. Even though these are incidental benefits, they must be accounted for and cannot be assessed to the properties within the District.

Based on park user data, it is conservatively estimated that approximately 95% of the benefits associated with community parks are of benefit to property within the City and 98% of the benefits associated with neighborhood parks are of a special and direct benefit to properties within ½ mile distance (+/-). Therefore, 95% of the costs to annually operate, maintain, service and replace the community parks and 98% of the costs to annually operate, maintain, service and replace the neighborhood parks would be a special and direct benefit to the parcels within the City, and 5% and 2%, respectively of the annual costs to operate, maintain, service and replace the parks would be a general benefit.

Community and Neighborhood Parks provide a special and direct benefit to the parcels within the benefit boundary. The special and direct benefit to the parcels consists of enhanced recreational opportunities, including: baseball, soccer, swimming, basketball, walking, jogging, etc. and the use of facilities such as: picnic tables, barbequing, playground equipment, community center rooms, etc. The parks and the associated recreational opportunities provide for more aesthetically pleasing neighborhoods, and an overall improved and healthier community image, etc. If these park improvements were not installed, property within the District would not look as appealing to property owners, prospective property buyers, and patrons alike, which would adversely affect the property.

To quantify the special benefits received by property owners within the Park Benefit Boundary, an assessment methodology was applied to all benefitting properties inside the Park Benefit Boundary Diagram. The assessment methodology utilizes the Equivalent Dwelling Unit (EDU) methodology as discussed below.

Single-Family Residential Parcels - The single-family residential parcel has been selected as the basic unit for the calculation of assessments since it represents approximately 90% of the parcels within the City. Therefore, the single-family residential parcel is defined as one (1.00) Equivalent Dwelling Unit (EDU) per parcel. The assessment methodology used to assign EDUs to other land uses in proportion to the special benefit they receive relative to the single-family residential parcel is discussed below.

Condominium, Townhome and Mobile Home Parcels - Condominiums, townhomes and mobile homes on average have approximately 75% of the building square footage compared to a single-family home, which translates to fewer residents per unit than a single-family home. Therefore, all condominium, townhome and mobile home parcels are assessed 0.75 EDUs per parcel.

Multi-Family Residential Units - Multi-family residential units on average have approximately 50% of the building square footage compared to a single-family home which translates to fewer residents per unit than a single-family home. Therefore, all

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
26 multi-family parcels are assessed 0.50 EDUs per unit.

Non-Residential Parcels - Commercial, industrial, institutional, and other non-residential properties benefit less from Community and Neighborhood Parks than residential property because their employees have less time and opportunity to use the parks than residents who live within the Parks Benefit Boundary. Employees can typically use the parks before work, during breaks and at lunch, or after work while residents have the ability to use the parks during the same times and on weekends and holidays, since they reside in the area. Based on this information, it is reasonable to assume that for non-residential property the opportunity to use and benefit from Community and Neighborhood Parks is approximately 50% of that realized by developed residential properties. The average size of a single-family parcel in the City of Brentwood is approximately 1/6 of an acre. For every acre of non-residential land approximately 6 single-family homes could be constructed on that acre of land which equates to 6.00 EDUs per acre. Therefore, since the benefit realized by non-residential property is approximately 50% of that realized by developed residential property, all non-residential properties are assessed at three (3.00) EDUs per acre of land.

Exempt Parcels - Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not used for business purposes similar to private residential, commercial, industrial and institutional activities. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

Following are exceptions to the methodology above:
• Undeveloped property benefits less from the Community and Neighborhood Park improvements than developed property because undeveloped parcels do not have structures which house residents or employees. However, the parks do confer benefit to undeveloped property, just not at the same level as developed property. Park improvements benefit undeveloped property by already being installed so that when development does occur the developed property will have the ability to use the park system immediately. Based on this information, it is reasonable to assume that undeveloped property benefits less than developed property. To determine the difference in special benefit conferred on developed and undeveloped property, the Contra Costa County Assessor’s assessed values for property within the City were reviewed to determine what percentage of assessed value is typically associated with the underlying land and what percentage is typically associated with the structure. Based upon the review, it was determined that approximately 25% of the assessed value of developed

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
27 property in the City is associated with the underlying land. Based on the comparison of benefits of developed property to undeveloped property it is reasonable to assess the undeveloped property at 25% of the rate for developed property. Therefore, EDUs assigned to undeveloped residential property have been reduced by 75% and undeveloped non-residential property have been reduced by 87.5% to account for the differences in benefit from park improvements conferred on developed and undeveloped property.

Park Facilities Assessment Allocation
The approximate 247.37 acres of community and neighborhood parks within the Park Benefit Boundary cost approximately $9,914,391 to maintain in Base-Year FY 2026-27 dollars. The cost to maintain the parks is spread to all benefitting parcels identified within the Parks Benefit Boundary.

The community parks within the Park Benefit Boundary cost approximately $4,609,371 to maintain in Base-Year FY 2026-27 dollars. As previously discussed, 95% of the annual cost to operate and maintain community parks is considered a special and direct benefit to the parcels within the park benefit boundary and 5% of the annual cost to operate and maintain community parks is considered a general benefit. The parcels identified within the Park Benefit Boundary equate to 23,055.35 EDUs, which results in an annual assessment rate of $90.00 per EDU in Base-Year FY 2026-27 dollars for community parks. Table 5A shows the assessment allocation associated with community parks.

Zone C
Other District Non District General Community Park
Zone C2 Parcels Parcels Benefit4 Rate per EDU
Improvement Type 0.01% 86.08% 8.91% 5.00% (FY 2026-27 Dollars)3 Community Parks $622.80 $3,967,575.78 $410,703.70 $230,468.54 $90.00 $622.80 $3,967,575.78 $410,703.70 $230,468.54 $90.00 1
Figures in the Assessment Allocation section of the report and the table above have been rounded for presentation purposes. 2 Zone C is comprised of the Alvernaz Commercial Shell Building and Fire Station 94. 3 The Zone C rate per EDU was determined by dividing the Zone C costs associated with special benefit by the projected number of EDUs for Zone C.
4 The share of General Benefit attributed to the District for Zone C (Community Parks) is $32.78 for the Base-Year.

Special Benefit
Table No. 5A - Community Park Assessment Allocation1
The neighborhood parks within the Park Benefit Boundary cost approximately $5,305,020 to maintain in Base-Year FY 2026-27 dollars. As previously discussed, approximately 98% of the annual cost to operate and maintain neighborhood parks is considered a special and direct benefit to the parcels within the park benefit boundary and 2% of the annual cost to operate and maintain neighborhood parks is considered a general benefit. The parcels identified within the Park Benefit Boundary equate to 23,055.35 EDUs, which results in an annual assessment rate of $150.00 per EDU in Base-Year FY 2026-27 dollars for neighborhood parks. Table 5B shows the cost allocation associated with Neighborhood Parks.

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28 Zone C
Other District Non District General Neighborhood Park
Zone C2 Parcels Parcels Benefit4 Rate per EDU
Improvement Type 0.02% 85.08% 12.90% 2.00% (FY 2026-27 Dollars)3 Neighborhood Parks $1,037.99 $4,513,375.44 $684,506.16 $106,100.40 $150.00 $1,037.99 $4,513,375.44 $684,506.16 $106,100.40 $150.00 1 Figures in the Assessment Allocation section of the report and the table above have been rounded for presentation purposes. 2 Zone C is comprised of the Alvernaz Commercial Shell Building and Fire Station 94. 3 The Zone C rate per EDU was determined by dividing the Zone C costs associated with special benefit by the projected number of EDUs for Zone C.
4 The share of General Benefit attributed to the District for Zone C (Neighborhood Parks) is $21.18 for the Base-Year.

Special Benefit
Table No. 5B - Neighborhood Park Assessment Allocation1 The total annual assessment rate needed to maintain the Community and Neighborhood Parks within the Park Benefit Boundary is $240.00 per EDU in Base-Year FY 2026-27 dollars as summarized in Table 5C below.

Community Park Neighborhood Park Zone C
Rate per EDU Rate per EDU Rate per EDU
$90.00 $150.00 $240.00
Table No. 5C - Parks FY 2026-27 Annual Assessment Rate
Zone D – Citywide Trails
The citywide trails provide special and direct benefits to the parcels located within a certain proximity to the trails. These special and direct benefits consist of enhanced recreational opportunities such as walking, jogging, biking, etc. within and along their developments. These benefits allow for:
• Increases in options to exercise and incorporate recreational opportunities into daily routines.
• Increases in opportunities to travel and connect with places people may need or want to go.
• Enhanced environmental opportunities because of improvement in air quality due to people utilizing the trail verse driving to nearby destinations. • Specific enhancements in property values due to the increase in walkability of an area and the increase in amenities.

In addition, the trails provide general benefits to the public-at-large since it is a public trail system and anyone from the public can access it. To determine who is most likely to use trails, the City’s Parks and Recreation Department staff performed a trail user survey over multiple days at different times and locations along existing trail segments over a three-month period. Based upon their survey findings, ninety-three percent (93%) of trail users were benefitting property owners located both within the City and those outside the City limits, who lived within ½-mile (+/-) of trails. The ½-mile benefit boundaries from each respective trail can vary slightly for trail segments due to the location of geographical features and major roadways. Therefore, it is estimated that 93% of the annual cost to operate, maintain, service and replace the trail improvements

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29 would be a special and direct benefit to the parcels within the ½-mile (+/-) distance both within and outside the City and 7% of the annual cost to operate, maintain, service and replace the trail improvements would be a general benefit. Special benefits assigned to properties that lie within a ½ mile (+/-) of trails that are not within a LLAD (in or outside the City), are special benefits that will be paid by the City because they cannot be assessed to parcels within LLADs. Only the benefits associated with properties within the City and within a LLAD that are within a ½ mile (+/-) distance of trails will be assessed.

To quantify the special benefits received by property owners within the Citywide Trail Benefit Boundary an assessment methodology was applied to all benefitting properties inside the Citywide Trail Benefit Boundary. The assessment methodology utilizes the Equivalent Dwelling Unit (EDU) methodology as discussed below.

Single-Family Residential Parcels - The single-family residential parcel has been selected as the basic unit for the calculation of assessments since it represents approximately 90% of the parcels within the City. Therefore, the single-family residential parcel is defined as one (1.00) Equivalent Dwelling Unit (EDU) per parcel. The assessment methodology used to assign EDUs to other land uses in proportion to the special benefit they receive relative to the single-family residential parcel is discussed below.

Condominium, Townhome and Mobile Home Parcels - Condominiums, townhomes and mobile homes on average have approximately 75% of the building square footage compared to a single-family home, which translates to fewer residents per unit than a single-family home. Therefore, all condominium, townhome and mobile home parcels are assessed 0.75 EDUs per parcel.

Multi-Family Residential Units - Multi-family residential units on average have approximately 50% of the building square footage compared to a single-family home which translates to fewer residents per unit than a single-family home. Therefore, all multi-family parcels are assessed 0.50 EDUs per unit.

Non-Residential Parcels - Commercial, industrial, institutional, and other non-residential properties benefit less from citywide trails than developed residential property because their employees have less time and opportunity to use the trail than residents.

Employees can typically use the trail before work, during breaks and at lunch, or after work while residents have the ability to use the trail during the same times and on weekends and holidays, since they reside in the area. Based on this information, it is reasonable to assume that for non-residential property the opportunity to use and benefit from citywide trails is approximately 50% of that realized by developed residential properties. The average size of a single-family parcel in the City of Brentwood which is approximately 1/6 of an acre. For every acre of non-residential land approximately 6 single-family homes could be constructed on that acre of land which equates to 6.00 EDUs per acre. Therefore, since the benefit realized by non-residential property is approximately 50% of that realized by developed residential property, all

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
30 non-residential properties are assessed at three (3.00) EDUs per acre of land.

Exempt Parcels - Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not used for business purposes similar to private residential, commercial, industrial and institutional activities. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

Following are exceptions to the methodology above:
• Undeveloped property benefits less from citywide trail improvements than developed property because undeveloped parcels do not have structures which house residents or employees. However, citywide trails do confer benefit to undeveloped property, just not at the same level as developed property. Trail improvements benefit undeveloped property by already being installed so that when development does occur the developed property will have the ability to use the trail system immediately. Based on this information, it is reasonable to assume that undeveloped property benefits less than developed property. To determine the difference in special benefit conferred on developed and undeveloped property, the Contra Costa County Assessor’s assessed values for property within the City were reviewed to determine what percentage of assessed value is typically associated with the underlying land and what percentage is typically associated with the structure. Based upon the review, it was determined that approximately 25% of the assessed value of developed property in the City is associated with the underlying land. Based on the comparison of benefits of developed property to undeveloped property it is reasonable to assess the undeveloped property at 25% of the rate for developed property. Therefore, EDUs assigned to undeveloped residential property have been reduced by 75% and undeveloped non-residential property have been reduced by 87.5% to account for the differences in benefit from trails improvements conferred on developed and undeveloped property.

Based on the EDU assignments for all properties within the City and outside the City identified within the Citywide Trail Benefit Boundary Diagram, it was determined that

7.00% of the cost to operate, maintain, service and replace the trail improvements were assigned to properties outside of the Citywide Trail Benefit Boundary. Therefore, it is estimated that 93.00% of the annual cost to operate, maintain, service and replace the trail improvements would be a special and direct benefit to the parcels within the City and outside the City within the Citywide Trail Benefit Boundary as shown on the Citywide Trail Benefit Boundary Diagram and 7.00% of the annual cost to operate, maintain, service and replace the trail improvements would be a general benefit.

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
31 Citywide Trails Assessment Allocation
The approximately 25 miles of local and regional trails within the Citywide Trail Benefit Boundary cost approximately $4,008,668 to maintain in Base-Year FY 2026-27 dollars.

The cost to maintain citywide trails is spread to all benefitting parcels identified within the Citywide Trail Benefit Boundary. As previously discussed in the Assessment Methodology section of this Report 93% of the annual cost to operate and maintain this segment of trail would be a special and direct benefit to the parcels within the Citywide Trail Benefit Boundary. The parcels in the City identified on the Citywide Trail Benefit Boundary equate to 26,724.45 EDUs which results in an annual assessment rate of $150.00 per EDU in Base-Year FY 2026-27 dollars. Table No. 6 below shows the cost allocation associated with the citywide trails.

Zone D
Other District Non District General Rate per EDU
Parcels Parcels Benefit4 (FY 2026-27
Improvement Type 0.03% 70.52% 22.46% 7.00% Dollars)3
Citywide Trails $1,037.99 $2,826,801.90 $900,221.10 $280,606.74 $150.00 $1,037.99 $2,826,801.90 $900,221.10 $280,606.74 $150.00 1 Figures in the Assessment Allocation section of the report and the table above have been rounded for presentation purposes. 2 Zone D is comprised of the Alvernaz Commercial Shell Building and Fire Station 94 projects. 3 The Zone D rate per EDU was determined by dividing the Zone D costs associated with special benefit by the projected number of EDUs for Zone D.
4 The share of General Benefit attributed to the District for Zone D is $78.13 for the Base-Year.

Zone D2
Table No. 6 - Citywide Trails Assessment Allocation1
Special Benefit
Zone E - Local Streetlighting
Local Lighting Assessment Methodology
Streetlighting located along City streets provide a special and direct local benefit to the adjacent parcels. The special and direct local benefit from streetlights consists of enhanced illumination which allows for safer vehicle and pedestrian access to and from property. In addition, this enhanced illumination helps deter criminal or suspicious activity such as property theft, vandalism, illegal dumping, etc.

The City has established streetlighting standards and determined that streetlights installed on a local residential or local commercial/industrial street should have a maximum spacing of 180 feet to adequately provide the local benefits stated above.

Therefore, the Zone E assessment for each development is based on the cost to maintain one streetlight per 180 linear feet of frontage to a City street. Since the streetlights located along arterial and major roadways also provide a special and direct local benefit to adjacent parcels, parcels abutting City arterial and major roadways are also subject to the Zone E assessment.

Local Lighting Assessment Allocation
The annual cost to maintain one streetlight results in an assessment rate of $1.67/linear foot of parcel frontage in Base-Year FY 2026-27 dollars. Table 7 below shows the linear

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
32 feet of parcel frontage associated with Zone E and the cost allocation associated with the special and direct benefit local benefit for streetlighting.

Project Name
Linear Feet
of Frontage
Rate per
Linear Foot
(FY 2026-27
Dollars) FY 2026-27 Amount
Alvernaz Commercial Shell Building 396 $660.00
Fire Station 94 195 $325.00
591 $1.67 $985.00
1 Figures in the Assessment Allocation section of the report and the table above have been rounded for presentation purposes.

Table No. 7 - Local Street Lighting Assesment Allocation1 $1.67
Zone F-01 and F-02 Local Landscaping
Local Landscaping Assessment Methodology
Frontage Landscaping located along City streets provide a special and direct local benefit to the adjacent parcels. The special and direct benefits from frontage landscaping consists of providing enhanced beautification to the property entrances and creates a safety buffer from the adjacent road. Property owners realize the enhanced aesthetic benefit when they are entering and exiting the project. If these frontage landscape improvements were not installed, the projects would not look as appealing to property owners and prospective property buyers, which would adversely affect the value of their property. Therefore, these landscape improvements provide a specific enhancement to their property values and not a general enhancement of property values. Frontage landscaping also provides a safety buffer to property from vehicular, bicycle, and pedestrian traffic that is generated by the adjacent road.

The City has established landscape setback standards and determined that there should be a 10-foot landscape setback between local residential or local commercial/industrial streets and adjacent property lines to adequately provide the local benefits stated above. Therefore, the Zone F assessment for each project is based on the cost to maintain a 10-foot wide landscape strip along the project’s frontage to a City street. Since frontage landscaping located along arterial and major roadways also provides a special and direct local benefit to adjacent parcels, parcels abutting City arterial and major roadways are also subject to the Zone F assessment. Parcels will not be assessed under Zone F if the associated frontage landscaping is privately maintained to the City’s satisfaction.

Local Landscaping Assessment Allocation
The annual cost to maintain one 10-foot wide linear foot of landscape frontage is $7.81/linear foot in Base-Year FY 2026-27 dollars. Table 8 below shows the linear feet of parcel frontage to a City street and the estimated cost attributed to the special and direct local landscaping benefit as discussed in the Assessment Methodology section above. Parcels in Zone F-01 and F-02 will only be assessed at the rates shown in Table

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Formation of LLAD No. 26-1 SECTION III
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33 8 below if the corresponding frontage landscaping as shown on the Local Improvement Benefit Diagrams (Appendix pages B-6 and B-7) is not privately maintained to the City’s satisfaction.

Zone F
Number Project Name
Linear Feet
of Frontage2
Rate per Linear Foot
(FY 2026-27 Dollars) FY 2026-27 Amount
Zone F-01 Alvernaz Commercial Shell Building 396 $3,090.91 Zone F-02 Fire Station 94 195 $1,522.04
591 $7.81 $4,612.95
1 Figures in the Assessment Allocation section of the report and the table above have been rounded for presentation purposes. 2 Each linear foot of frontage is 10 feet wide.

Table No. 8 - Local Landscaping Assessment Allocation1
$7.81
Table 9 summarizes the maximum assessment rates shown in the tables above in Base-Year FY 2026-27 dollars.

LLAD No. 26-1
LLAD No. 26-1 Maximum Assessment Rates
Benefit Zone (FY 2026-27 Dollars)
Arterial and Major Roadway Street Lighting (Zone A) $20.00 per EDU Arterial and Major Roadway Landscaping (Zone B) $205.00 per EDU Community and Neighborhood Parks (Zone C) $240.00 per EDU Citywide Trails (Zone D) $150.00 per EDU
Local Street Lighting (Zone E) $1.67 per Linear Foot
Local Landscaping (Zone F-01 and F-02) $7.81 per Linear Foot Table No. 9 - Maximum Assessment Rate Summary
Maximum Assessment Rate Increases
The maximum assessment rates for each Zone shown in Part D of this report may be adjusted each subsequent fiscal year to correspond with the annual increase in the San Francisco Bay Area Urban Wage Earners Consumer Price Index from December to December of each year (Base Year of 2025), or 2% whichever is greater.

Parcels within each zone become assessable once the final maps have been approved by the City of Brentwood or it is anticipated that improvements will need to be maintained or reserve funds will need to be collected for the ensuing fiscal year.

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Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART E
34 PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each lot or parcel proposed for the District is shown on the last equalized Secured Property Tax Roll of the Contra Costa County Assessor, which by reference is hereby made a part of this report.

This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, which includes the maximum proposed amount of assessments apportioned to each lot or parcel. The Maximum Assessment Amounts and Assessment Roll is on file in the Office of the City Clerk of the City of Brentwood and is also shown in this Report as Appendix “A”.

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Formation of LLAD No. 26-1
Engineer’s Report Fiscal Year 2027-28 APPENDIX A

A-1
APPENDIX “A”

MAXIMUM ASSESSMENT AMOUNTS

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Formation of LLAD No. 26-1
Engineer’s Report Fiscal Year 2027-28 APPENDIX A

A-2
The maximum assessment amounts shown in the table below are in Base-Year FY 2026-27 dollars and are subject to the annual adjustment formula described on page 33 of this Report commencing FY 2027-28.

Benefit
Zone
Assessor Parcel
Number
010-150-049
Assessor Parcel
Number
010-150-050
Assessor Parcel
Number
013-091-018
Assessor Parcel
Number
013-091-019
Zone A $60.00 $60.00 $3.10 $15.30
Zone B $615.00 $615.00 $31.77 $156.83
Zone C $720.00 $720.00 $37.19 $183.60
Zone D $450.00 $450.00 $23.24 $114.75
Zone E $295.00 $365.00 $50.00 $275.00
Zone F-1 $1,381.54 $1,709.37 n/a n/a
Zone F-2 n/a n/a $234.16 $1,287.88
$3,521.54 $3,919.37 $379.46 $2,033.35
Development Name
Alvernaz
Commercial Shell Building Fire Station 94

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Formation of LLAD No. 26-1
Engineer’s Report Fiscal Year 2027-28 APPENDIX B

B-1
APPENDIX “B”

BENEFIT BOUNDARY DIAGRAMS

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Delta Rd
Sand Creek Rd
Balfour Rd
4 Brentwood Blvd
Sel el rs Ave
Sunset Rd
Concord Ave
Byron H
wy
B xi el r Rd
Chestnut St
Brentwood Blvd
Lone Tree Wy
0 2,500 5,000
Feet
¯
B-2
Alvernaz Commercial
Shell Building
Project Site
Street Lighting & Landscaping Along Arterial and Major Roadway Benefit Boundary Diagram
LLAD No. 26-1 (Zone A & Zone B)
Legend
LLAD No. 26-1 (Zone A & Zone B) Boundary
City Limit
Freeway
City Arterial/Major Roadway
Parcel Lines
Parcels outside of City Limits - East/South Bound
Parcels outside of City Limits - North/West Bound
Fire Station 94
Project Site

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LLAD No. 26-1 (Zone C)
City Parks
Benefit Boundary Diagram
Lone Tree Wy
Sand Creek Rd
Balfour Rd
Brentwood Blvd
Fairview Ave
Minnesota Ave
Grant St
O'Hara Ave
Brentwood Blvd
John Muir Pkwy
4 4
Alvernaz Commercial
Shell Building
Project Site
¯
Sunset
Park
Aquatic Complex
& Skate Park
King Park
Miwok Park
Oak Meadow
Park
Apple Hill
Park
Arbor View
Park
Garin
Park
Summerset
Commons
Park
Legend
0 2,500
Feet
Parcel Lines
City Limit/ Community Park Benefit Boundary
LLAD No. 26-1 (Zone C) Boundary
Community Park
Neighborhood Park
Neighborhood Park Benefit Boundary
B-3
Fire Station 94
Project Site

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LLAD No. 26-1 (Zone D)
Citywide Trails
Benefit Boundary Diagram
Lone Tree Wy
Sand Creek Rd
Balfour Rd
Brentwood Blvd
Fairview Ave
Minnesota Ave
Grant St
O'Hara Ave
Brentwood Blvd
John Muir Pkwy
4 ¯
B-4
4 2,000 1,000 0 2,000
Feet
Alvernaz Commercial
Shell Building
Project Site
Fire Station 94
Project Site
Legend
LLAD No. 26-1 (Zone D) Boundary
City Limit
Parcel Lines
Parcels within the
Trail Boundary
Regional Trails
Regional Trails (future)
Local Trails
Local Trails (future)

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LLAD No. 26-1 (Zone E)
Local Lighting Facilities
Benefit Boundary Diagram
B-5
!(
!(
Brentwood Blvd
Balfour Rd
Legend
!( Existing Street Lights Providing Local Benefit
LLAD No. 26-1 (Zone E) Boundary
City Limit
Parcel Lines
Alvernaz Commercial
Shell Building
Project Site
Fire Station 94
Project Site

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Local Landscaping Facilities
Benefit Boundary Diagram
LLAD No. 26-1 (Zone F-01)
10 feet *
B-6
Alvern az Co m m ercial
Sh ell Buildin g
Pro ject Site
¯
0 40
Feet
Legend
LLAD No . 26-1 (Z o n e F-01) Bo un dary
Lan dscapin g - Lo cal Ben efit
Lan dscapin g - Cityw ide Ben efit
Parcel Lin es Z o n e F assessm en ts fo r Lo cal Lan dscapin g Facilities are based o n th e co st to m ain tain a 10-fo o t w ide lan dscape strip alo n g th e pro ject’s fro n tag e to a City street as described in Sectio n III, Part D o f th e En g in eer's Repo rt. *

HARVEST PARK DR
APN
010-150-049
APN
010-150-050

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Local Landscaping Facilities
Benefit Boundary Diagram
LLAD No. 26-1 (Zone F-02)
10 feet *
B-7
Fires tation 94
Projec t Site
¯
0 20
Feet
Legend
LLAD No. 26-1 (Zon e F-02) Boun dary
Lan ds c ap in g - Loc al Ben efit
Lan ds c ap in g - Cityw ide Ben efit
Parc el Lin es
Zon e F as s es s m en ts for Loc al Lan ds c ap in g Fac ilities are bas ed on the c os t to m ain tain a 10-foot w ide lan ds c ap e s trip alon g the p rojec t’s fron tage to a City s treet as des c ribed in Sec tion III, Part D of the En gin eer's Rep ort.
*
APN
013-091-018
APN
013-091-019

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CITY COUNCIL AGENDA ITEM NO. E.6
08/25/2026
SUBJECT: Setting the Fiscal Year 2026/27 General Obligation Bond Tax Rate DEPARTMENT: Finance and Information Systems
STAFF: Christine Andrews, Acting Director of Finance and Information Systems
Angela Ausemus, Senior Accountant

TITLE/RECOMMENDATION
Adopt a resolution establishing the Fiscal Year 2026/27 General Obligation Bond Tax Rate of 0.0049% and requesting that Contra Costa County place the levy on the 2026/27 property tax roll.

FISCAL IMPACT
The proposed property tax levy is expected to generate sufficient revenue to pay the Fiscal Year (FY) 2026/27 General Obligation Bond debt service of $760,000, fund associated administrative costs and maintain the required reserve fund. These revenues and expenditures are included in the FY 2026/27 General Obligation Bond Debt Service Fund Operating Budget.

BACKGROUND
On November 6, 2001, voters passed Measure J, authorizing the City of Brentwood to issue General Obligation Bonds (“Bonds”) in the principal amount of $6.0 million to finance the construction, acquisition, and improvement of a new police station.

The City subsequently issued the City of Brentwood General Obligation Bonds (“Bonds”).

California Government Code section 43632 requires the City Council to levy and collect an annual tax sufficient to pay required debt service on the Bonds until the Bonds are paid or sufficient funds have been set aside for that purpose.

The Official Statement for the Bonds stipulates that the City Council has the power and is obligated to levy ad valorem taxes annually for payment of principal, interest and accreted value of the Bonds on all property within the City subject to taxation by the City, without limitation as to rate or amount (except certain personal property, which is taxable at limited rates). It further establishes that the annual tax rate will

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CITY COUNCIL AGENDA ITEM NO. E.6
08/25/2026
be based on the assessed value of taxable property in the City. Fluctuations in the annual debt service on the Bonds and the assessed value of taxable property in the City may cause the annual tax rate to fluctuate.

Based on the FY 2026/27 debt service, reserve and administrative funding requirements, together with the assessed value certificate provided by Contra Costa County, staff has calculated that a tax rate of 0.0049% is necessary to generate sufficient revenues to meet the bond obligations. The tax rate is applied to the assessed value of all taxable property within the City.

Although the assessed valuation increased about $453 million over the prior year, the amount required to satisfy annual debt service, reserve and administrative funding requirements also increased. As a result, the tax rate must increase slightly for FY 2026/27.

Contra Costa County requires the City Council to adopt a resolution annually setting the tax rate for the Bonds in order to place the levy on the property tax roll. This rate equates to $4.90 per $100,000 of assessed valuation, which is an increase of $0.10 per $100,000 from the FY 2025/26 tax rate.

The Bonds are scheduled to be fully repaid during FY 2030/31. The remaining annual debt service requirements are shown below.

Fiscal Year Annual Debt Service
Requirements
2026/27 $760,000
2027/28 $800,000
2028/29 $840,000
2029/30 $880,000
2030/31 $925,000

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

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CITY COUNCIL AGENDA ITEM NO. E.6
08/25/2026

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
The proposed action is not a project under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15378(b)(4) because it is a government fiscal activity that does not involve a commitment to a specific project that may result in a potentially significant physical impact on the environment.

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

1. Failure to levy the required tax would prevent the City from meeting its legal obligation to provide for the repayment of the General Obligation Bonds and could expose the City to legal action by bondholders.

ATTACHMENTS

1. Previous Action

2. Resolution

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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 February 12, 2002, the City Council adopted Resolution No. 2468, authorizing issuance and sale of not to exceed $6,000,000 principal amount of bonds, approving the form of the paying agent agreement, authorizing the execution and delivery of a bond purchase agreement by and among the City of Brentwood, the Brentwood Infrastructure Financing Authority and RBC Dain Rauscher and approving the form and distribution of any official statement and authorizing certain actions in connection with the issuance, sale and delivery of such bonds.

On August 26, 2025, the City Council adopted Resolution No. 2025-93, approving the submittal of the General Obligation Bond Tax Rate of .0048% to Contra Costa County for the 2025/26 tax roll.

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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD ESTABLISHING THE FISCAL YEAR 2026/27
GENERAL OBLIGATION BOND TAX RATE OF 0.0049% AND

REQUESTING THAT CONTRA COSTA COUNTY PLACE THE LEVY
ON THE 2026/27 PROPERTY TAX ROLL
WHEREAS, on November 6, 2001, the voters of the City of Brentwood approved Measure J, authorizing the issuance of General Obligation Bonds to finance the construction, acquisition, and improvement of a new police station; and WHEREAS, on February 12, 2002, the City Council adopted Resolution No. 2468, authorizing issuance and sale of the City of Brentwood General Obligation Bonds (“Bonds”), bonds in an aggregate principal amount not to exceed $6,000,000; and
WHEREAS, the Bonds were issued pursuant to Chapter 4 (commencing with Section 43600) of Division 4 of Title 4 of the California Government Code, and Government Code section 43632 requires the City Council to levy and collect annually a tax sufficient to pay the interest on the Bonds and the portion of principal becoming due before the proceeds of the next general tax levy are available; and WHEREAS, for Fiscal Year 2025/26, the City Council established an ad valorem tax rate of 0.0048% for the Bonds; and
WHEREAS, based on the Fiscal Year 2026/27 debt service, reserve, and administrative funding requirements, together with the assessed value certificate from Contra Costa County, a tax rate of 0.0049% is necessary to generate sufficient revenue to meet the bond obligations and the tax rate will be applied to all taxable property within the City.

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

1. Finds and determines that the foregoing recitals are true and correct and are incorporated herein by this reference;

2. Establishes a General Obligation Bond tax rate of 0.0049% to be levied against all taxable property within the City of Brentwood for Fiscal Year 2026/27 and

3. Requests that Contra Costa County place the levy on the 2026/27 property tax roll and directs the Finance and Information Systems Director to submit this Resolution to Contra Costa County for placement of the levy on the 2026/27 Property Tax Roll.

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Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 25
th day of August 2026 by the following
vote:

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CITY COUNCIL AGENDA ITEM NO. E.7
08/25/2026
SUBJECT: Authorize the City Manager or designee to execute a Civil Engineering Services Agreement with Bellecci & Associates, dba SanBell Bay Area for the Balfour Road – Sanitary Sewer
Rehabilitation Project, CIP Project No. 592-59208
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Monish Sen, Engineering Manager
Meghan Oliveira, Associate Engineer

TITLE/RECOMMENDATION
Adopt a resolution approving a Civil Engineering Services Agreement with Bellecci & Associates, dba SanBell Bay Area (“SanBell”) for the Balfour Road – Sanitary Sewer Rehabilitation Project, Capital Improvement Program (“CIP”) Project No. 592-59208 (“Project”) in the amount of $257,093, plus funding authorization for a contingency in the amount of $38,564 (15%), for total authorized compensation not to exceed $295,657, and authorizing the City Manager or designee to execute the Agreement and written amendments within the approved contingency, each in a form approved by the City Attorney, provided that total compensation under the Agreement does not exceed $295,657.

FISCAL IMPACT
If approved, the total Agreement amount with Sanbell would be $257,093, plus a contingency of $38,564 (15%), for a total authorized compensation not to exceed $295,657.

Funding for this Project is included in the 2026/27–2030/31 Capital Improvement Program (“CIP”). The Project is funded by the Wastewater Replacement Fund.

There is sufficient Project budget to award the cost of the contract plus a 15% contingency.

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CITY COUNCIL AGENDA ITEM NO. E.7
08/25/2026

BACKGROUND
This Project, formerly named “Balfour Road Wastewater Rehabilitation”, includes rehabilitating or replacing approximately 3,390 linear feet (lf) of an existing 18-inch and 24-inch Spirolite sanitary sewer main along Balfour Road, between Fairview Avenue and Sweetgrass Drive. The sanitary sewer main has been observed to be deforming which is likely to cause infiltration of ground water into sanitary sewer systems.

On May 1, 2026, the City issued a Request for Proposals (“RFP”) for civil engineering services for the Project to engage a qualified design consultant. By the deadline, at the end of the advertisement period, the City received seven proposals.

Staff reviewed the proposals received and determined that Sanbell was the most qualified firm based on the evaluation criteria included within the RFP, including the firm’s proposed approach, availability, Project understanding, qualifications, and cost proposal. Based on the evaluation criteria, staff recommends approval of the agreement for civil engineering services with Bellecci & Associates, dba SanBell Bay Area for this Project.

CITY COUNCIL STRATEGIC INITIATIVE
Strategic Plan FY 2022/23 – FY 2023/24, Focus Area 1: Public Works, Goal 2 - Water, Wastewater and Solid Waste Services: Provide safe and sustainable water, wastewater, and solid waste services for the build-out of the City per the 2014 City’s General Plan, updated in June 2024.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Under the Agreement, SanBell will assist the City in preparing the appropriate documentation pursuant to the California Environmental Quality Act (“CEQA”) concurrently with Project design. Approval of the Agreement does not constitute

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CITY COUNCIL AGENDA ITEM NO. E.7
08/25/2026
approval of construction of the Project or commit the City to a definite course of action concerning the Project. The Agreement preserves the City’s discretion to modify the Project, select an alternative, adopt mitigation measures, approve or disapprove construction of the Project, or determine not to proceed with the Project following completion of the applicable CEQA review.

Before completion of the applicable CEQA review, SanBell may perform only the design and environmental-review support Services authorized in writing by the City Engineer. SanBell may not commence Bidding Phase Services or Construction Phase Services until the City completes the applicable CEQA review and the City Engineer provides written authorization to proceed with the applicable phase. Staff will present the applicable CEQA determination to the City Council before or concurrently with consideration of an agreement for construction.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Agreement for Civil Engineering Services

4. CIP Project Sheet

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

On July 22, 2025, by Resolution No. 2025-82, the City Council adopted the City’s 2025/26 -2029/30 Capital Improvement Program, which included the Balfour Road Wastewater Rehabilitation, CIP Project No. 592-59208.

On May 26, 2026, by Resolution No. 2026-44, the City Council adopted the 2026/27- 2030/31 Capital Improvement Program, which included the Balfour Road – Sanitary Sewer Rehabilitation, CIP Project No. 592-59208.

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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A CIVIL ENGINEERING SERVICES

AGREEMENT WITH BELLECCI & ASSOCIATES, DBA SANBELL BAY
AREA FOR THE BALFOUR ROAD – SANITARY SEWER

REHABILITATION PROJECT, CAPITAL IMPROVEMENT PROGRAM
(“CIP”) PROJECT NO. 592-59208 (“PROJECT”), IN THE AMOUNT OF $257,093, PLUS FUNDING AUTHORIZATION FOR A 15%
CONTINGENCY AMOUNT OF $38,564, FOR TOTAL AUTHORIZED
COMPENSATION NOT TO EXCEED $295,657 AND AUTHORIZING

THE CITY MANAGER OR DESIGNEE TO EXECUTE THE

AGREEMENT AND WRITTEN AMENDMENTS FOR ADDITIONAL

SERVICES
WHEREAS, on July 22, 2025, by Resolution No. 2025-82, the City Council adopted the City’s 2025/26 -2029/30 CIP, which includes the Project; and WHEREAS, on May 26, 2026, by Resolution No. 2026-44, the City Council adopted the City’s 2026/27 -2030/31 CIP, which includes the Project; and WHEREAS, this project includes rehabilitating or replacing approximately 3,390 linear feet of an existing 18-inch and 24-inch Spirolite sanitary sewer main along Balfour Road between Fairview Avenue and Sweetgrass Drive; and WHEREAS, the sanitary sewer main has been observed to be deforming which is likely to cause infiltration of ground water into sanitary sewer systems; and WHEREAS, on May 1, 2026, the City of Brentwood (“City”) issued a Request for Proposals (“RFP”) for civil engineering services for the Project to engage a qualified design consultant; and
WHEREAS, by the deadline, at the end of the advertisement period, the City received seven (7) proposals; and
WHEREAS, staff evaluated the seven proposals received and determined that Bellecci & Associates, dba SanBell Bay Area was the most qualified firm based on the evaluation criteria included within the RFP, including the firm’s proposed approach, availability, Project understanding, qualifications, and cost proposal; and WHEREAS, based on the evaluation criteria, staff recommends approval of a civil engineering services agreement with Bellecci & Associates, dba SanBell Bay Area for this Project (“Agreement”); and
WHEREAS, the Agreement includes preparation of design and construction documents, bidding support, limited construction-phase engineering services, closedcircuit television sewer-pipe inspection, potholing, and related services; and

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Page 2 of 2 ends

WHEREAS, the Agreement does not authorize the advertisement, award, or commencement of construction of the Project; and
WHEREAS, the City will complete the environmental review required by the California Environmental Quality Act (“CEQA”) before approving construction of the Project or taking any action that would commit the City to a definite course of action or foreclose consideration of feasible alternatives or mitigation measures.

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

1. Approves a Civil Engineering Services Agreement with Bellecci & Associates, dba SanBell Bay Area for the Balfour Road – Sanitary Sewer Rehabilitation Project, CIP Project No. 592-59208, in the amount of $257,093;

2. Authorizes a contingency of $38,564 (15% of the Agreement amount), for total authorized compensation not to exceed $295,657; and

3. Authorizes the City Manager or designee to execute the Agreement and written amendments, each in a form approved by the City Attorney, provided that aggregate compensation under the Agreement does not exceed $295,657.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 25th day of August 2026 by the following vote:

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City Attorney Approved Version 040821

AGREEMENT FOR CIVIL ENGINEERING SERVICES

BELLECCI & ASSOCIATES, DBA SANBELL BAY AREA
THIS AGREEMENT FOR CIVIL ENGINEERING SERVICES (“Agreement”) is made and entered into as of the ____ day of _________________, 2026 by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Bellecci & Associates, dba SanBell Bay Area, a C Corporation ("Consultant") (each a “Party” and collectively, the “Parties”).

RECITALS
A. City does not have available personnel specifically trained and experienced to perform the civil engineering services required and requires the professional services of an individual or business entity with the necessary license, qualifications and experience to provide civil engineering services for the City’s Balfour Road Sanitary Sewer Rehabilitation Project, CIP Project No. 592-59208 (the “Project”).

B. Consultant has the necessary license, professional skills and experience necessary to perform the civil engineering services described in this Agreement, and as further described in Exhibit A to this Agreement (“Exhibit A”), and in the City’s Request for Proposals for Civil Engineering Services for the Project, dated May 1, 2026 (“RFP”), attached as Exhibit B, both of which exhibits are incorporated herein.

C. City desires to engage Consultant to provide these civil engineering services by reason of its qualifications and experience in performing such services.

D. Consultant has submitted a proposal to City, dated June 5, 2026 (“Proposal”), attached as Exhibit C and incorporated herein, in response to the City’s RFP, and has affirmed its willingness and ability to provide such civil engineering services 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. Definitions. The following definitions apply to the body of this Agreement and Exhibit A unless otherwise indicated. Defined terms are capitalized in the Agreement with the exception of the words “day” and “including.”

1.1 Additional Services means civil engineering services in addition to the Basic Services, which are provided pursuant to the City’s written request or prior written authorization.

1.2 Basic Services means those civil engineering services necessary for design and construction of the Project, as specified in Exhibit A and in the RFP and Proposal.

1.3 Change Order means a written document approved and signed by the City after execution of the Construction Contract, which changes the scope of Work, the Construction Contract Price, or the Construction Contract Time.

1.4 City Engineer means the current or acting City Engineer and Director of Engineering for the City of Brentwood or their authorized delegee.

1.5 Construction Contract means the signed agreement between the City and Contractor, which includes and incorporates the Construction Documents.

1.6 Construction Contract Price means the total compensation to be paid to the Contractor for performance of the Work, as set forth in the Construction Contract.

1.7 Construction Contract Time means the time within which the Contractor is required to perform the Work, as set forth in the Construction Contract and as may be amended by Change Order.

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City Attorney Approved Version 040821

1.8 Construction Documents means all of the documents that are prepared following approval of the Design Development Documents for bidding and construction of the Project, as further detailed in Exhibit A.

1.9 Contractor means the individual, partnership, corporation, or other entity which has signed the Construction Contract with the City to perform the Work. “Contractor” includes the Contractor’s subcontractors, unless the context indicates otherwise.

1.10 Day means a calendar day unless otherwise specified.

1.11 Design Development Documents means detailed documents which are prepared following approval of the Schematic Design Documents, as further detailed in Exhibit A.

1.12 Design Documents means, collectively, the plans, drawings and specifications prepared or provided by the Consultant for the Project at all design stages, including Schematic Design Documents, Design Development Documents and Construction Documents.

1.13 Including, whether or not capitalized, means “including; but not limited to” unless the context requires otherwise.

1.14 Project Manager means the City employee or representative with primary responsibility for overseeing design and construction of the Project and who will be Consultant’s sole point of contact for the City unless otherwise stated. The Project Manager for this Project is Meghan Oliveira.

1.15 Project Schedule means the detailed schedule developed by the Consultant, and subject to the City’s approval, for design and construction of the Project, based on the Proposed Project Schedule provided in Exhibit A.

1.16 Proposed Project Schedule means the proposed Project schedule provided by the City in Exhibit A to this Agreement.

1.17 Rate Schedule means the schedule listing the hourly rates for Consultant’s staff and rates for costs associated with providing the Services. The Rate Schedule is included in the Proposal.

1.18 Schematic Design Documents means preliminary drawings and related documents showing the Project’s basic components, scale and location, as further detailed in Exhibit A.

1.19 Services means all civil engineering and related services required under this Agreement, including all Basic Services and any authorized Additional Services.

1.20 Work means the Contractor’s construction and services necessary or incidental to constructing the Project in conformance with the requirements of the Construction Documents.

2. Scope of Services. Consultant, acting in its capacity as a civil engineer licensed under California law, will provide the Basic Services necessary to design and construct the Project in accordance with the City’s requirements, as set forth in Part One – Scope of Services in Exhibit A, and will provide those Additional Services, if any, as requested and authorized in writing by the City.

2.1 CEQA Compliance and Phased Authorization. The City’s approval and execution of this Agreement do not constitute approval of construction of the Project or commit the City to a definite course of action concerning the Project. The City retains sole discretion, following compliance with the California Environmental Quality Act (“CEQA”), to modify the Project, select an alternative, adopt mitigation measures, approve or disapprove construction of the Project, or determine not to proceed with the Project.

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City Attorney Approved Version 040821
Before the City completes the applicable CEQA review, Consultant may perform the design and environmental review support Services authorized in writing by the City Engineer. Authorization to proceed with a design phase does not constitute approval of construction of the Project or authorization to proceed with any subsequent phase. Consultant must perform the Services in a manner that preserves the City’s ability to consider and implement feasible alternatives and mitigation measures identified through the CEQA process.

Consultant may not commence Bidding Phase Services or Construction Phase Services unless the City has completed the applicable CEQA review and the City Engineer has issued written authorization to proceed with the applicable phase. Nothing in this Section limits Consultant’s right to compensation for authorized Services properly performed under this Agreement or to any applicable schedule adjustment authorized pursuant to Section 6.

3. Personnel and Subconsultants. 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 consultant, if any, and will keep the Services under its control. On demand of City, if any employee or 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.

3.1 Consultant’s Key Personnel. The Consultant’s key personnel assigned to this Project, as specified in Consultant’s Proposal, may not be changed without the prior written approval of the City.

Consultant must promptly notify the City in writing of any changes or proposed changes to the key personnel identified in the Proposal (or subsequently approved by the City), and of any changes to the contact information (telephone and email) for any key personnel.

3.2 Consultant’s Principal Representative. Consultant’s principal representative assigned to this Project is Robert Broestl, Principal in Charge, who will have full authority from Consultant to receive and act on instructions from the City.

3.3 Subconsultants. Consultant may not engage the services of any subconsultant for this Project, including, but not limited to, firms or individuals providing specialized architectural or engineering services, without obtaining the City’s prior written approval. The City’s approval must not be deemed to create any contractual relationship between the City and any such subconsultant, except that the City must be considered a third party beneficiary of such services for the Project. Consultant must bind its subconsultants in the same manner as Consultant is bound to the City under this Agreement, including, but not limited to, the insurance and indemnity requirements.

3.4 Warranty of Qualifications. Consultant warrants and represents that Consultant, its personnel, and its subconsultants are each duly qualified, licensed, and authorized by law to perform the civil engineering and related services required under this Agreement.

4. Standard of Performance. Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special civil engineering skills and experience to do and perform the Services.

The Services provided by Consultant pursuant to this Agreement must, at all times, meet or exceed the standard of care applicable to experienced, licensed civil engineers performing similar work in the area in which the Project is located. Similarly, the Services provided by any subconsultant must meet or exceed the standard of care applicable to others practicing in the subconsultant’s field and performing similar work in the area in which the Project is located. The acceptance of the Services by City does not release Consultant from these obligations.

5. 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.

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6. Schedule.

6.1 Time is of the essence for providing the Services. Consultant will generally adhere to the approved Project Schedule 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.

6.2 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.

7. Compensation.

7.1 The total fee payable for the Basic Services to be performed during the term of this Agreement will be based on the Rate Schedule, for a not to exceed amount of two hundred fifty-seven thousand ninety-three dollars ($257,093), including authorized expense reimbursements, or as otherwise specified in Exhibit A. Any authorized Additional Services will be paid for based on the Rate Schedule. 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.

7.2 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.

7.3 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.

8. Status of Consultant.

8.1 Consultant will perform the Services in Consultant's own way, by controlling the manner and means of the work City needs completed, and pursuant to this Agreement as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. The persons used by Consultant to provide the Services under this Agreement will not be considered employees of City for any purposes whatsoever.

8.2 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 subconsultants. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subconsultants. 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 subconsultant of Consultant for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.

9. 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

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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 subconsultant and of the persons either directly or indirectly employed by the subconsultant, 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 subconsultant of Consultant and City.

Consultant will be responsible for payment of subconsultants. Consultant will bind every subconsultant and every subconsultant of a subconsultant 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.

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

11. Indemnification. To the fullest extent permitted by law, subject only to the limitations of Civil Code section 2782.8, Consultant must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers, and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the negligence, recklessness, or willful misconduct of Consultant, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for the Consultant or their agents or employees under Workers’ Compensation laws, disability benefits laws, or other employee benefit laws. This indemnification is also not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and will survive the expiration or any early termination of the Agreement with respect to Liability arising during the term of the Agreement.

12. 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 subconsultants. 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."

12.1 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.

12.1.1 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.

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

12.1.3 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

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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.

12.1.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. The professional liability insurance must include prior acts coverage.

12.2 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 certificates of insurance and endorsements to City.

12.3 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.

12.4 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.

12.5 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.

12.6 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.

12.7 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.

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

13. Business License. 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.

14. 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.

15. Ownership of Documents.

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

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15.2 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.

16. 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.

17. 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.

18. 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) 516-5171
Attn: Meghan Oliveira
Email: [email protected]
For Consultant:

Name: Bellecci & Associates,
dba SanBell Bay Area
Attn: Robert Broestl
Address: 1390 Willow Pass Rd., Ste 300
Concord, CA 94520
Phone No.: 925-318-2071
Email: [email protected]
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.

19. Conflicts of Interest.

19.1 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 subconsultants will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700.

19.2 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

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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.

20. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations 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.

21. Pandemic Health Laws. Consultant’s duty to comply with Laws includes compliance by Consultant and Subcontractors 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.

22. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

23. 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.

24. 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.

25. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity.

26. 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

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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.

27. 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.

28. 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.

29. 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.

30. 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.

31. Entire Agreement and Order of Precedence. 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 non-material 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.

Notwithstanding that the RFP and Proposal are incorporated into this Agreement as Exhibit B and Exhibit C, respectively, if any provision in the Proposal or the RFP differs from or is inconsistent with the terms of this Agreement, including Exhibit A, the terms of this Agreement, including Exhibit A, will take precedence over any such differing or inconsistent provision. Likewise, to the extent any terms in the Proposal differ from or are inconsistent with the terms of the RFP, the terms of the RFP will take precedence over any differing or inconsistent terms in the Proposal

32. 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.

33. 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.

34. Signatures.

34.1 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.

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34.2 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:

Printed Name: Daniel Leary
Title: Managing Principal
** By:

Printed Name: Mark Holle
Title: Chief Financial Officer
CITY:

By:

Terrance Davis, Acting City Manager
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

Thomas Lloyd Smith, 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

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AGREEMENT FOR CIVIL ENGINEERING SERVICES
Bellecci & Associates, dba SanBell Bay Area
Balfour Road Sanitary Sewer Rehabilitation Project, CIP No. 592-59208 EXHIBIT “A”

PART ONE - SCOPE OF SERVICES

1. General. Consultant must provide civil engineering design and related services for the Project, as more particularly described in the RFP and Proposal, including Optional Task 1 (CCTV sewer pipe inspection (allocation)) and Optional Task 2 (potholing (assume 10 potholes)(allocation)), and subject to the following general requirements.

1.1 Preliminary Design Conference. Within 30 days following the City’s execution of this Agreement, or as otherwise specified in Exhibit A, Consultant must attend a preliminary design conference with the Project Manager. At the request of the Project Manager, the Consultant must submit written minutes of the preliminary design conference in order to demonstrate its understanding of the Project requirements.

1.2 City Approval. Consultant may not proceed with the development of successive Design Documents, as detailed below in Section 2, until it has received written approvals from the City. Consultant must promptly review and revise the following to the City’s satisfaction, without additional compensation:
(A) Design Documents submitted for City approval and to which the City has objections; and
(B) Design Documents which have been determined by the City to present excessive cost or constructability problems.

1.3 Governmental Approval. Consultant must assist the City with obtaining the following required approvals from governmental agencies with jurisdiction over the Project: N/A

1.4 Consultant will control the manner and the means of the services to be provided, 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.

1.5 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.

2. Basic Services. In addition to the tasks specified in the RFP and Proposal, including Optional Task 1 (CCTV sewer pipe inspection (allocation)) and Optional Task 2 (potholing (assume 10 potholes)(allocation)), Consultant’s Basic Services include the following:

2.1 Project Schedule. Within 30 days following the City’s execution of this Agreement, Consultant must prepare and submit for the City Engineer’s review and approval a preliminary Project Schedule, based on the Proposed Project Schedule included in in Part Two, below, showing the timing and sequencing of the major design and construction phases required to complete the Project. The preliminary Project Schedule should include times for completion of all major phases of environmental procedures, if applicable; design; bidding; construction; final close out; or as otherwise specified by the Project Manager.

The Project Schedule must be updated for the City Engineer’s review and approval upon completion of each major phase included in the Project Schedule.

2.2 Cost Estimate. Within 60 days following the City’s execution of this Agreement, Consultant must prepare and submit for the City Engineer’s review and approval a preliminary estimate of the cost to construct the Project. As the design process progresses, Consultant must submit updates to the preliminary cost estimate for the City’s approval concurrent with its submission of the Schematic Design Documents,

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Design Development Documents, and Construction Documents, respectively. If at any time, an updated cost estimate exceeds the City’s previously approved cost estimate, Consultant must provide the City with recommendations for constructing the Project within the City’s budget.

2.3 Schematic Design Documents. Within the time specified in the approved Project Schedule, Consultant must prepare and submit for the City Engineer’s review and approval Schematic Design Documents consisting of drawings, outline specifications, and other documents showing the Project’s basic components, scale, and location on the Project site. The Schematic Design Documents must include, to the extent applicable, conceptual plans of the Project site and improvements; preliminary sections and elevations; approximate areas, volumes, and dimensions; and preliminary selections of materials and systems. The Schematic Design Documents and updated cost estimate may be submitted electronically to the Project Manager, unless the Project Manager specifically requests two printed sets and one reproducible set of the Schematic Design Documents.

2.4 Design Development Documents. Based on the approved Schematic Design Documents and within the time specified in the approved Project Schedule, Consultant must prepare for the City Engineer’s review and approval the Design Development Documents. The Design Development Documents must further define the Project, including drawings and outline specifications fixing and describing the Project size, character and site relationships, and other appropriate elements describing the structural, engineering, mechanical and electrical systems, as applicable. The Design Development Documents must include, as applicable, plans, sections and elevations; criteria and sizing of major components; equipment sizes and capacities and approximate layouts, including required spaces and clearances; typical details; materials selections and general quality levels. When submitting the Design Development Documents for the City Engineer’s approval, the Consultant must identify in writing all material changes and deviations, if any, that have taken place since approval of the Schematic Design Documents, including, but not limited to, changes to the last updated cost estimate and the approved Project Schedule.

The Design Development Documents and updated cost estimate may be submitted electronically to the Project Manager, unless the Project Manager specifically requests two printed sets and one reproducible set of the Design Development Documents.

2.5 Construction Documents. Based on the approved Design Development Documents and within the time specified in the approved Project Schedule, Consultant must prepare for the City Engineer’s review and approval, and required governmental agency approval(s), if applicable, Construction Documents setting forth in detail the quality levels of and the requirements for construction of the Project, and consisting of drawings and technical specifications that comply with all applicable codes, laws, ordinances and regulations in effect at the time of their preparation at the location of the Project, and as further specified in the RFP. The Construction Documents must be submitted to the City Engineer in electronic form, ready to be added to the front end documents, which will be prepared by the City using the City’s approved front end documents. When submitting the Construction Documents for the City Engineer’s approval, the Consultant must identify in writing all material changes and deviations, if any, that have taken place since approval of the Design Development Documents including, but not limited to, changes to the last updated cost estimate and the approved Project Schedule. The Construction Documents and updated cost estimate may be submitted electronically to the Project Manager, unless the Project Manager specifically requests two printed sets and one reproducible set of the Construction Documents.

2.6 Bidding Phase Services. Consultant must assist the City during the bidding phase, including, if applicable, prequalification of bidders; conducting pre-bid meetings or site walks; issuance of addenda; bid review; and review of bid protests. If the lowest responsive bid exceeds the final approved construction cost estimate by 20 percent or more, and the City, acting in its sole discretion decides to reject all bids and re-bid the Project, Consultant must, at no additional cost to the City, work with the City to make the modifications to the Construction Documents to reduce the cost of construction so as not to exceed the previously approved construction cost estimate by more than the stated additional percentage.

2.7 Construction Phase Services. During the Construction Phase the Consultant must provide the following services to the City, as more particularly specified in Exhibit A:

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(A) General administration of the Construction Contract including: review and advise the Project Manager as to the accuracy and reasonableness of Contractor’s schedule of values; coordinate the Project Schedule with the Contractor’s Work schedule; provide prompt and complete responses to Contractor’s requests for information; and coordinate efforts with the Project Manager to ensure the Project is completed in a timely, cost-effective manner, consistent with the City’s requirements. (B) Ongoing design services as needed, including: interpretations and clarifications of the Construction Documents provided by the Consultant; and preparation of design details for Change Orders, as needed for the proper execution and progress of the Work and consistent with the intent of the approved Construction Documents.
(C) Consultant must timely review Contractor’s design-related submittals, including shop drawings, product data and samples, and issue written approvals of and/or recommendations to the City within ten days of receipt of each such submittal, unless additional time is required based on the nature of the submittal, in which case the review must be completed as soon as practicable under the circumstances. Consultant must check the submittals for compliance with the approved Construction Documents. Consultant’s review must not extend to the Contractor’s means, methods, techniques, sequences, or procedures, unless such have previously been specified in the Construction Documents. (D) Consultant must assist the Project Manager in evaluating whether to recommend approval of requests for changes in the Work, and, if applicable, must assist with preparing proposed Change Orders.
(E) Consultant must visit the Project site at intervals sufficient to monitor the progress and quality of the Work and to determine whether the Work is proceeding in conformance with the Construction Documents. Following each Project site visit, Consultant must promptly provide the Project Manager with a written report of Consultant’s observations and recommendations, if any. If Consultant becomes aware of any defects or deficiencies in the Work, Consultant must provide prompt notice to the Project Manager, followed by written confirmation of that notice. If, in Consultant’s opinion, special testing or inspection of the Work is needed, Consultant must recommend appropriate procedures and consultants to the City. Consultant is not responsible for Contractor’s safety precautions and programs. However, if Consultant has knowledge of safety violations, Consultant must give prompt notice to the City of such violations.
(F) Consultant must assist the City in evaluating the Contractor’s payment applications in accordance with the Construction Documents. Based on on-site observations and review of other relevant information, Consultant must evaluate whether the Work has progressed to the point indicated in the payment application. Consultant’s review must include review of the status of the Contractor’s record drawings.
(G) Consultant must attend meetings with the Project Manager and Contractor(s) prior to and during construction as follows: Once a week as necessary (H) Consultant must prepare and submit reports on the progress or status of the Work to the Project Manager as specified: Once a week as necessary (I) Consultant must conduct inspections reasonably necessary to determine whether Contractor has achieved final completion of the Work in accordance with the Construction Contract, and must prepare a list of items to be completed or corrected (the “punch list”), including estimates of the cost for the City to correct or complete each punch list item, as well as required final submittals (e.g., warranties, manuals, as-built drawings, etc.) in order to achieve final completion.

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2.8 Close Out and Post-Construction Services
(A) Consultant must promptly perform all tasks reasonably necessary for Project close out. If requested, Consultant must provide the City with a color schedule of all finished materials incorporated into the Project.
(B) If requested by the City, Consultant must make up to 5 visits to the Project site during the warranty period to advise the City on the need for warranty work. (C) All Project plans, including, but not limited to, record drawings, specifications, and estimates prepared pursuant thereto, must be and remain the property of the City for the purposes of repair, maintenance, renovation, modernization, or other purposes, only as they relate to the Project. The City reserves the right to use the Construction Documents, record drawings, or estimates related to the Project for the purposes of additions, alignments, or other development on or near the site or elsewhere in the City.

Nothing in this provision is intended to transfer or waive Consultant’s copyrights over these documents, including, but not limited to, all common law, statutory, and other reserved rights, unless transferred or waived in writing by Consultant. Notwithstanding the foregoing, if the City proposes to reuse the Construction Documents, in whole or in part, the City and Consultant will specify the terms and conditions for the reuse in this Agreement by an amendment or addendum.

3. Additional Services. If not expressly included in Basic Services, as specified above or in RFP or the Scope of Services in Exhibit A, the following services must be provided by Consultant and will be paid for as Additional Services, subject to prior written authorization by the City:

3.1 Investigation of financing or other special studies to determine the financial feasibility of the Project.

3.2 Consultations, negotiation, and the like for procurement of Project financing.

3.3 Investigation of or measured drawings of existing conditions or improvements or verification of the accuracy of the City-provided drawings or other information on existing conditions.

3.4 Surveys, site evaluations, or legal descriptions.

3.5 Soils, subsurface and environmental studies, reports and investigations required by outside agencies with jurisdiction over the Project.

3.6 Revisions to the City-approved Construction Documents which are required due to circumstances outside of Consultant’s control.

3.7 Design, coordination, management, expediting and other services for the procurement of materials to be obtained or work to be performed by the City, including, but not limited to technology or other specialty systems which are not otherwise required by this Agreement.

3.8 Estimates, appraisals, consultations, and related services required for the repair or replacement of an insured loss.

3.9 Preparing for or providing expert witness services or participation in out-of-court dispute resolution in connection with any Project-related dispute or adversarial proceeding to which the Consultant is not a party, or potential party.

3.10 Out of town travel in connection with the Services, other than travel between Consultant’s office, the City’s offices, and the Project site.

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3.11 The City-requested services which are not included in Basic Services and are not customarily provided as part of generally accepted civil engineering design services for this type of project and the region in which the Project is located.

3.12 Extended services required by non-performance, suspension, termination, or default of the Contractor in the performance of the Work, through no fault of Consultant.

3.13 Preparation of special models, renderings or mock-ups, which are not included in Basic Services.

3.14 Other services as agreed to by the Parties as set forth in written amendment or addendum to this Agreement.

4. References. Consultant’s Services, including preparation of the Design Documents, should be informed and guided by the information or requirements included in the following document(s): CCTV Inspection Reports

PART TWO - PROPOSED PROJECT SCHEDULE

ACTIVITY PLANNED DATES/TIME
RFP Issued May 1, 2026
Request for Information Deadline May 27, 2026
Proposal Deadline June 5, 2026
Interviews (if requested by City) June 10, 2026
Notice of Selection June 15, 2026
Council or awarding officer Consideration of
Award
August 11, 2026
Commence Services September 14, 2026
Project Completion February 26, 2027

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AGREEMENT FOR CIVIL ENGINEERING SERVICES
EXHIBIT “B”

REQUEST FOR PROPOSALS
City of Brentwood
Balfour Road Sanitary Sewer Rehabilitation Project, CIP No. 592-59208 [INTENTIONALLY LEFT BLANK]

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City of Brentwood

REQUEST FOR PROPOSALS
For
Balfour Road Wastewater Rehabilitation Project
CIP Project No. 592-59208
Date of Issuance: May 1, 2026
Request for Information Deadline: May 27, 2026
Proposal Deadline June 5, 2026

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CITY OF BRENTWOOD

REQUEST FOR PROPOSALS
The City of Brentwood (“City”) requests proposals (“Proposals”) from qualified individuals or firms (individually, a “Respondent” and collectively, “Respondents”) for civil engineering services for its Balfour Road Wastewater Rehabilitation Project, CIP Project No. 592-59208 (“Project”).

1. ABOUT THE CITY
The City is a general law city located in east Contra Costa County, with an estimated population of 65,300. Additional information about the City is available online at:
https://www.brentwoodca.gov.

2. THE PROJECT
A. Summary. The City requires civil engineering services (“Services”) for its Project.

The Project involves replacing approximately 3,390 linear feet of existing 18-inch and 24- inch Spirolite sanitary sewer main along Balfour Road between Fairview Avenue and Sweetgrass Drive.

The Services required for the Project include civil engineering services to develop and prepare construction design documents for the Project.

B. Form of Agreement. A copy of the City’s standard Engineering Services Agreement (“Agreement”), is attached and incorporated as Exhibit B. By submitting a Proposal, the Respondent agrees to enter into the Agreement using the attached form with no exceptions to the form of the Agreement.

C. Scope of Services. The required Scope of Services is attached and incorporated as Exhibit A. By submitting a Proposal, the Respondent represents that it is fully qualified and available to provide the Services set forth in the Scope of Services at the price set forth in its Proposal, and that it agrees to provide those Services if it is awarded the Agreement, which will attach and incorporate the Scope of Services.

3. REQUEST FOR PROPOSAL PROCEDURES
A. Requests for Information. Questions or objections relating to the Request for Proposal (“RFP”), the RFP attachments, the RFP procedures, the Project, or the required Services may only be submitted via email to Meghan Oliveira, Associate Engineer, at [email protected] by 5:00 p.m., May 27, 2026 (the “Request for Information Deadline”). Any questions or objections that are not submitted in the manner specified and by the Request for Information Deadline will be deemed waived. City will not be bound by the oral representations of any City officials, employees, or representatives.

All Requests for Information will be responded to within 7 work days of receipt. If information provided in such response is material to the overall RFP, a written addendum

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to the RFP will be sent to all known Respondents via email and posted on the City’s website at: www.brentwoodca.gov/government/projects-bids-rfps.

B. Submittal Instructions. Proposals must be received by the City by or before June 5, 2026 at 5:00 p.m. Pacific Daylight Time (“Proposal Deadline”). Respondent must submit one copy of the Proposal in electronic format (pdf or Word) via email to, Meghan Oliveira, Associate Engineer, at [email protected] with the subject line stating:
“Proposal for Balfour Road Wastewater Rehabilitation Project, CIP Project No. 592-59208 by the Proposal Deadline. Late submissions will be disregarded.

C. Planned RFP Schedule. The following schedule is provided for planning purposes based on current information. However, all dates are subject to revision, including the Proposal Deadline, and may be amended by addenda to this RFP:

ACTIVITY PLANNED DATES/TIME
RFP Issued May 1, 2026
Request for Information Deadline May 27, 2026
Proposal Deadline June 5, 2026
Interviews (if requested by City) June 10, 2026
Notice of Selection June 15, 2026
Council or awarding officer Consideration of Award July 28, 2026 Commence Services August 3, 2026
Project Completion January 31, 2027
D. Addenda. City reserves the right to issue addenda to modify the terms and conditions of this RFP, including modifications to the Proposal Deadline or to the Exhibits to this RFP. Addenda will be posted on the City’s website at www.brentwoodca.gov/government/projects-bids-rfps. Each Respondent is solely responsible for checking the City’s website for addenda, and for reviewing any and all addenda before submitting its Proposal.

4. PROPOSAL REQUIREMENTS
Each Proposal must be submitted in compliance with the requirements of this RFP. Each Proposal must respond to the items listed below. Clarity and brevity are preferable to volume. Unless requested, do not attach brochures or promotional materials to the Proposal. Proposals should not exceed 10 one-sided pages, excluding any tabs or dividers. However, resumes may be included in an appendix and will not be counted in the total page count. By submitting a Proposal, the Respondent agrees that the lump sum price and proposed approach to providing the Services, including staffing, constitute a firm offer to enter into the Agreement with the City, and that the offer will remain open for 60 days following the Proposal Deadline.

A. Cover Letter. Provide a brief cover letter that includes all of the following information:
(1) Respondent’s name, address, phone number, and website address; (2) type of organization (e.g. corporation, partnership, sole proprietorship; and State of formation);

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(3) a summary of general information about Respondent and the types of services it provides in relation to the Services required by the City; and (4) contact information, including name, title, address, phone number, and email, of Respondent’s primary representative for purposes of this RFP.

The cover letter must be signed by a representative that is authorized to bind Respondent by contract and must state his or her name, title, and email address.

B. General Qualifications. Provide a brief description of the Respondent’s business, including the number of years in business under the current name. Describe the size of the business, including total number of employees and offices, and identify and briefly describe each local office that will be involved in providing the Services if awarded the Agreement. Describe how and why Respondent is qualified to provide the Services.

C. Experience. Identify services Respondent has provided in the last five years for projects that are similar in scope and nature to the Project described in this RFP, particularly with respect to services provided to other cities or public agencies. For each example, provide (1) a brief description of the services provided, (2) an explanation of why this experience is relevant to the required Services, and (3) the name and address of the contracting agency, including contact information for a reference check (name, title, phone number, and email address).

D. Staffing. Identify by name and title Respondent’s key personnel that will be assigned to provide the Services and for each, include a resume with his or her education, training, and experience. Identify by name, address, and website, each subconsultant or subcontractor, if any, that will be involved with providing the Services, including the proposed role for each such subconsultant or subcontractor. Include all applicable license numbers for any license required to perform the Services.

E. Price. Provide a detailed price proposal that is fully inclusive of all costs to provide the Services, including hourly billing rates, all labor, materials, equipment, supplies, the insurance required under the terms of the Agreement, travel fees, and any additional cost(s) the City would incur if Respondent is awarded the Agreement. Attach a copy of billing rates that would apply to any authorized additional Services.

F. Proposed Approach. Briefly describe Respondent’s proposed approach to providing the Services and how that approach will offer value to the City. Identify any proposed innovations that may be used to achieve more cost-effective delivery of the Services and/or cost savings for the Project as a whole.

5. EVALUATION
The factors that the City will consider in evaluating Proposals are as follows:
 Cost Proposal 0-30 points
 General qualifications 0-20 points
 Relevant experience 0-15 points
 Proposed technical approach 0-20 points
 Proposed staffing and Availability 0-15 points

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6. SELECTION AND AWARD
A. Review. Proposals will be reviewed for responsiveness and evaluated and ranked based on the factors listed in Section 5, above. When the evaluation is complete, the Proposals will be ranked based on total scores to identify the Proposal that provides the best value to the City. Acting in its sole discretion, the City may elect to conduct interviews with shortlisted Respondents. Interviews are not public meetings as defined by California open meeting laws (the Brown Act).

B. Award. The City staff will recommend award of the Agreement, if at all, to the Respondent that is determined by the staff to offer the best value to the City based on the City’s review, as outlined above. City staff will submit its recommendation to the City Council or the awarding officer, as applicable, for award of the Agreement to the Respondent that it determines to offer the best value. The Respondents will be notified of staff’s intended recommendation by email. The City Council or awarding officer will award the Agreement, if at all, to the Respondent that is determined by the City Council, acting in its sole discretion, to offer the best value to the City.

C. Protest Procedures. Any protest challenging the City’s intended selection or the selection process must be submitted no later than 5:00 p.m., on the fifth business day following the date of the Notice of Selection. The protest must be submitted in writing via email to Meghan Oliveira, Associate Engineer, at [email protected], and must clearly specify the basis for the protest. The protest will be reviewed by Allen Baquilar, Director of Engineering, in consultation with the City Attorney’s Office, and the reviewing individual’s determination on the protest is final. No public hearing will be held on the protest. Time being of the essence, the City reserves the right to proceed with award of the Agreement and commencement of the Services notwithstanding any pending protest or legal challenge.

7. MISCELLANEOUS
A. Disclaimers and Reservation of Rights. Upon receipt, each Proposal becomes the sole property of City and will not be returned to the Respondent. Each Respondent is solely responsible for the costs it incurs to prepare and submit its Proposal. The City reserves, in its sole discretion, the right to reject any and all Proposals, including the right to cancel or postpone the RFP or the Services at any time, or to decline to award the Agreement to any of the Respondents. The City reserves the right to waive any immaterial irregularities in a Proposal or submission of a Proposal. The City reserves the right to reject any Proposal that is determined to contain false or misleading information, or material omissions.

B. Conflict of Interest. Respondents must disclose to the City any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to Respondent, any employees of Respondent, or any other person relative to the Services to be provided pursuant to this RFP. This RFP process will be conducted in compliance with all laws regarding political contributions, conflicts of interest, or unlawful activities.

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City employees are prohibited from participating in the selection process for this RFP if they have any financial or business relationship with any Respondent.

C. Public Records. The City is subject to the provisions of the California Public Records Act (Govt. Code § 6250 et seq.) (the “Act”), and each Proposal submitted to the City is subject to disclosure as a public record, unless the Proposal or any portion thereof is exempt under the Act. If a Respondent believes that any portion of its Proposal is exempt from disclosure under the Act, it must clearly identify the portion(s) it believes to be exempt and identify the basis for the exemption. Each Respondent bears the burden of proving any claimed exemption under the Act, and by submitting a Proposal, a Respondent agrees to indemnify, defend, and hold harmless the City against any third party claim seeking disclosure of the Proposal or any portions thereof.

Attachments:

Exhibit A – Scope of Services
Exhibit B – Form of Agreement
Exhibit C – CCTV Inspection Reports

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Exhibit A – Scope of Services
The selected firm shall provide comprehensive civil engineering services, including but not limited to:

1. Project Management
 Providing a schedule of services timeline along with regular schedule updates as part of the monthly project status reports.
 Participating in an initial kick-off meeting with stakeholders.  Participating in progress meetings during the design phase to review design, constructability, and construction cost estimates as well as comments from stakeholders (as needed).

2. Design
 Assisting the City and providing their engineering recommendation on design and construction for the Project.
 Review of CCTV and Inspection Reports.
 Identify repairs and provide recommendations
 Preparing Construction Documents (Plans, Specifications, and Construction Cost Estimates):
 Preparing 65%, 90%, 100% design submittal including plans, technical specifications, and construction cost estimates; and
 It is assumed that the City would review the 65%, and 90% design plans and provide comments to guide the next design phase.
 Preparing Geotechnical Report to be used during design and support all new facilities to be constructed.
 The City can provide Geographic Information System (GIS) maps and associated geospatial data layers for all City-owned assets.
 The City can provide CCTV video to the design consultant upon request.

3. Coordination
 Coordinating with all affected local agencies and utilities is essential to the success of this Project.

Local agencies and utilities that may be affected by this Project include, but are not limited to:
 Pacific Gas and Electric (PG&E); AT&T; Comcast; Contra Costa County Flood Control District; City of Brentwood - sewer, potable and non-potable water, storm drain, fiber optic, SCADA, landscape, irrigation, and street lights.
 Providing support for the preparation for the CEQA Notice of Exemption (as needed).

4. Bidding Support
 Providing bidding and post-bidding support services including, but not limited to:
 Responding to requests for information during bidding;  Preparing addenda, supplementary drawings, and revising specifications;  Reviewing bid proposals (as needed); and
 Responding to clarifying questions from apparent low bidder.

5. Construction Administration
 Providing construction administration services including, but not limited to:
 Preparing and providing a stamped conformed set of issued construction documents with all addenda and plan check comments in PDF and CAD formats;  Participating in weekly field visits and construction meetings (if needed);  Reviewing and responding to submittals and requests for information;  Providing clarifications of the construction documents, as needed;

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 Participating in field visits to address issues with design, provide guidance and direction to the contractor, and perform inspections (as needed);
 Participating in the punch-list walkthrough; and
 Preparing and providing a conformed set of as-built plans in PDF and CAD formats.

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Exhibit B – Form of Agreement

AGREEMENT FOR CIVIL ENGINEERING SERVICES
[Insert Name of Consultant]
THIS AGREEMENT FOR CIVIL ENGINEERING SERVICES (“Agreement”) is made and entered into as of the ____ day of _________________, 20____ by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and ____________________________________________, a _______________ ("Consultant") (each a “Party” and collectively, the “Parties”).

RECITALS
A. City does not have available personnel specifically trained and experienced to perform the civil engineering services required and requires the professional services of an individual or business entity with the necessary license, qualifications and experience to provide civil engineering services for the City’s Balfour Road Wastewater Rehabilitation Project, CIP Project No. 592-59208 (the “Project”).

B. Consultant has the necessary license, professional skills and experience necessary to perform the civil engineering services described in this Agreement, and as further described in Exhibit A to this Agreement (“Exhibit A”), and in the City’s Request for Proposals for Civil Engineering Services for the Project, dated May 1, 2026 (“RFP”), attached as Exhibit B, both of which exhibits are incorporated herein.

C. City desires to engage Consultant to provide these civil engineering services by reason of its qualifications and experience in performing such services.

D. Consultant has submitted a proposal to City, dated June 5, 2026 (“Proposal”), attached as Exhibit C and incorporated herein, in response to the City’s RFP, and has affirmed its willingness and ability to provide such civil engineering services 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. Definitions. The following definitions apply to the body of this Agreement and Exhibit A unless otherwise indicated. Defined terms are capitalized in the Agreement with the exception of the words “day” and “including.”

1.1 Additional Services means civil engineering services in addition to the Basic Services, which are provided pursuant to the City’s written request or prior written authorization.

1.2 Basic Services means those civil engineering services necessary for design and construction of the Project, as specified in Exhibit A and in the RFP and Proposal.

1.3 Change Order means a written document approved and signed by the City after execution of the Construction Contract, which changes the scope of Work, the Construction Contract Price, or the Construction Contract Time.

1.4 City Engineer means the current or acting City Engineer and Director of Public Works for the City of Brentwood or his or her authorized delegee.

1.5 Construction Contract means the signed agreement between the City and Contractor, which includes and incorporates the Construction Documents.

1.6 Construction Contract Price means the total compensation to be paid to the Contractor for performance of the Work, as set forth in the Construction Contract.

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1.7 Construction Contract Time means the time within which the Contractor is required to perform the Work, as set forth in the Construction Contract and as may be amended by Change Order.

1.8 Construction Documents means all of the documents that are prepared following approval of the Design Development Documents for bidding and construction of the Project, as further detailed in Exhibit A.

1.9 Contractor means the individual, partnership, corporation, or other entity which has signed the Construction Contract with the City to perform the Work. “Contractor” includes the Contractor’s subcontractors, unless the context indicates otherwise.

1.10 Day means a calendar day unless otherwise specified.

1.11 Design Development Documents means detailed documents which are prepared following approval of the Schematic Design Documents, as further detailed in Exhibit A.

1.12 Design Documents means, collectively, the plans, drawings and specifications prepared or provided by the Consultant for the Project at all design stages, including Schematic Design Documents, Design Development Documents and Construction Documents.

1.13 Including, whether or not capitalized, means “including; but not limited to” unless the context requires otherwise.

1.14 Project Manager means the City employee or representative with primary responsibility for overseeing design and construction of the Project and who will be Consultant’s sole point of contact for the City unless otherwise stated. The Project Manager for this Project is Meghan Oliveira.

1.15 Project Schedule means the detailed schedule developed by the Consultant, and subject to the City’s approval, for design and construction of the Project, based on the Proposed Project Schedule provided in Exhibit A.

1.16 Proposed Project Schedule means the proposed Project schedule provided by the City in Exhibit A to this Agreement.

1.17 Rate Schedule means the schedule listing the hourly rates for Consultant’s staff and rates for costs associated with providing the Services. The Rate Schedule is included in the Proposal.

1.18 Schematic Design Documents means preliminary drawings and related documents showing the Project’s basic components, scale and location, as further detailed in Exhibit A.

1.19 Services means all civil engineering and related services required under this Agreement, including all Basic Services and any authorized Additional Services.

1.20 Work means the Contractor’s construction and services necessary or incidental to constructing the Project in conformance with the requirements of the Construction Documents.

2. Scope of Services. Consultant, acting in its capacity as a civil engineer licensed under California law, will provide the Basic Services necessary to design and construct the Project in accordance with the City’s requirements, as set forth in Part One – Scope of Services in Exhibit A, and will provide those Additional Services, if any, as requested and authorized in writing by the City.

3. Personnel and Subconsultants. 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 consultant, if any, and will keep the Services

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under its control. On demand of City, if any employee or 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.

3.1 Consultant’s Key Personnel. The Consultant’s key personnel assigned to this Project, as specified in Consultant’s Proposal, may not be changed without the prior written approval of the City.

Consultant must promptly notify the City in writing of any changes or proposed changes to the key personnel identified in the Proposal (or subsequently approved by the City), and of any changes to the contact information (telephone and email) for any key personnel.

3.2 Consultant’s Principal Representative. Consultant’s principal representative assigned to this Project is <Name and Title>, who will have full authority from Consultant to receive and act on instructions from the City.

3.3 Subconsultants. Consultant may not engage the services of any subconsultant for this Project, including, but not limited to, firms or individuals providing specialized architectural or engineering services, without obtaining the City’s prior written approval. The City’s approval must not be deemed to create any contractual relationship between the City and any such subconsultant, except that the City must be considered a third party beneficiary of such services for the Project. Consultant must bind its subconsultants in the same manner as Consultant is bound to the City under this Agreement, including, but not limited to, the insurance and indemnity requirements.

3.4 Warranty of Qualifications. Consultant warrants and represents that Consultant, its personnel, and its subconsultants are each duly qualified, licensed, and authorized by law to perform the civil engineering and related services required under this Agreement.

4. Standard of Performance. Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special civil engineering skills and experience to do and perform the Services.

The Services provided by Consultant pursuant to this Agreement must, at all times, meet or exceed the standard of care applicable to experienced, licensed civil engineers performing similar work in the area in which the Project is located. Similarly, the Services provided by any subconsultant must meet or exceed the standard of care applicable to others practicing in the subconsultant’s field and performing similar work in the area in which the Project is located. The acceptance of the Services by City does not release Consultant from these obligations.

5. 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.

6. Schedule.

6.1 Time is of the essence for providing the Services. Consultant will generally adhere to the approved Project Schedule 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.

6.2 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.

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7. Compensation.

7.1 The total fee payable for the Basic Services to be performed during the term of this Agreement will be based on the Rate Schedule, for a not to exceed amount of <Amount in Words> dollars ($<Amount in Numerals>), including authorized expense reimbursements, or as otherwise specified in Exhibit A. Any authorized Additional Services will be paid for based on the Rate Schedule. 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.

7.2 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.

7.3 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.

8. Status of Consultant.

8.1 Consultant will perform the Services in Consultant's own way, by controlling the manner and means of the work City needs completed, and pursuant to this Agreement as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. The persons used by Consultant to provide the Services under this Agreement will not be considered employees of City for any purposes whatsoever.

8.2 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 subconsultants. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subconsultants. 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 subconsultant of Consultant for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.

9. 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 subconsultant and of the persons either directly or indirectly employed by the subconsultant, 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 subconsultant of Consultant and City.

Consultant will be responsible for payment of subconsultants. Consultant will bind every subconsultant and every subconsultant of a subconsultant 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.

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

11. Indemnification. Consultant agrees to indemnify, including the cost to defend, City, its officers, agents, volunteers and employees from any and all claims, demands, costs or liability (collectively,

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“Liability”) that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its agents in the performance of Services under this Agreement, but this indemnity does not apply to Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and will survive the expiration or termination of this Agreement with respect to any Liability arising from or caused during the term of the Agreement.

12. 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 subconsultants. 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."

12.1 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.

12.1.1 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.

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

12.1.3 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.

12.1.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. The professional liability insurance must include prior acts coverage.

12.2 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 certificates of insurance and endorsements to City.

12.3 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.

12.4 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

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