Brentwood City Council
October 13, 2026

OCTOBER 13, 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

October 13, 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 Annual Chamber of Commerce Presentation
C.2 Economic Development Report
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
Special City Council Meeting Minutes of September 21, 2026; and City Council / Successor Agency Meeting Minutes of September 21, 2026
E.2 Proclamation Recognizing October 18-24, 2026 as National Friends of Libraries Week E.3 Proclamation Recognizing October 21, 2026 as Support Your Local Chamber Day E.4 Proclamation Recognizing October 24, 2026 as World Polio Day E.5 Acceptance of Work and Notice of Completion for Spektren Engineering, Inc. for the Pavement Management Program 2026 (Concrete), CIP Project No. 336-31705 Title/Recommendation
Adopt a Resolution accepting the work performed by Spektren Engineering, Inc. (“Contractor”) for the Pavement Management Program 2026 (Concrete), CIP Project No. 336-31705 (“Project”), and directing the City Clerk to record a Notice of Completion with the Contra Costa County Recorder.

Per 14 CCR § 15062, a CEQA Notice of Exemption was filed with the Contra Costa County Clerk Recorder on February 25, 2026.

E.6 Award of contract for concrete replacement services at Rose Garden Park; and amend the FY 2026/27 Operating Budget
Title/Recommendation
Adopt a Resolution (1) approving a contract with Robert A. Bothman, Inc. dba Robert A.

Bothman Construction for concrete replacement services in identified areas at Rose Garden Park, located at 2732 Cathedral Circle, in the amount of $61,731; (2) authorizing the City Manager or designee to execute the contract and related documents and to approve and execute contract amendments and change orders in an aggregate amount not to exceed $9,260, for a total contract authorization not to exceed $70,991; and (3) amending the FY 2026/27 Parks and Landscape and Lighting Assessment District (LLAD) Replacement Fund Operating Budget in the amount of $70,991.

F. PUBLIC HEARINGS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.

F.1 Hold a Public Hearing and Confirm the Formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services) Title/Recommendation
Staff recommends that the City Council (1) hold a public hearing regarding the formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services) and the levy and collection of annual assessments commencing Fiscal Year 2027/28; (2) at the conclusion of the public hearing, direct the City Clerk, or the City Clerk’s designee, to tabulate the assessment ballots submitted and not withdrawn; (3) determine whether a majority protest exists against the proposed assessments based on the ballot tabulation, with each ballot weighted by the amount of the proposed assessment to be imposed upon the identified parcel for which the ballot was submitted; and (4) if no majority protest exists, adopt a resolution providing final approval of the Engineer’s Report prepared in accordance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code section 22500 et seq.) and Article XIII D of the California Constitution, ordering the improvements and formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services), and confirming the assessment diagram and assessments for Fiscal Year 2027/28.

F.2 An amendment to the Downtown Specific Plan (SPA 25-001) to define and update regulations related to Personal Service and Body Art facilities Title/Recommendation
Adopt a Resolution approving a text amendment (SPA 25-001) to the Downtown Specific Plan (DSP) defining and updating regulations related to Personal Service and Body Art facilities.

The amendment is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty

that there is no possibility that the amendment may have a significant effect on the environment.

G. 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.

G.1 Vasco Road Historic Flag Barn Façade Relocation
Title/Recommendation
Authorize the transfer of the Vasco Road Flag Barn to the East Contra Costa Historical Society for installation and public display at the East Contra Costa Historical Society’s museum property on Sellers Avenue, and authorize the City Manager or designee to execute any documents necessary to complete the transfer.

G.2 Award of a Public Works contract for Sports Field Lighting Conversion to LED; and amendment of the FY 2026/27 Operating Budget
Title/Recommendation
Adopt a Resolution (1) approving a public works contract with JED Building and Lighting LLC (“JED”) for the Sports Field Lighting Conversion to LED Project (“Project”) in the amount of $544,687.08; (2) authorizing the City Manager or designee to execute the contract and related documents in a form approved by the City Attorney; (3) authorizing the City Manager or designee to approve and execute amendments, subject to approval as to form by the City Attorney, and change orders in an aggregate amount not to exceed $54,468.71, for a total contract authorization not to exceed $599,155.79, and; (4) amending the FY 2026/27 Parks and LLAD Replacement Fund Operating Budget to increase it by $599,156.

The Project is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15301, Class 1, Existing Facilities of the CEQA Guidelines, because proposed Project would replace existing sports field lighting fixtures and related equipment with LED fixtures and equipment on the existing poles at the same sites, with no expansion of the existing recreational use.

G.3 Contract Amendment No. 1 with R & R Pacific Construction for the Innovation Center @ Brentwood Infrastructure, CIP Project No. 336-31695
Title/Recommendation
Adopt a Resolution approving Amendment No. 1 to the Construction Contract with R & R Pacific Construction (“R&R”) for the Innovation Center @ Brentwood Infrastructure, CIP Project No. 336-31695 (“Project”) increasing the authorized construction contingency by $367,726 to $735,452; increasing the total authorized contract not-to-exceed amount to $3,186,958; and authorizing the City Manager, or designee, to execute the amendment and approve and execute change orders within the authorized construction contingency.

G.4 Amendments to Council/Administrative Policy No. 110-1, Meeting Rules and Procedures Title/Recommendation
Adopt a Resolution approving amendments to Council/Administrative Policy No. 110-1, Meeting Rules and Procedures ("Policy No. 110-1"), to conform the Policy to current law, including a rule that a Council Member's discretionary abstention be reported, recorded, and counted as an abstention.

H. 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.

I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request

under this section of the agenda. These items will be included on the agenda for the next Council meeting
J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 Consider a Request by Council Member Maloney for a Report on the Roles, Responsibilities, and Purview of Boards and Commissions Title/Recommendation
That the City Council consider and discuss Council Member Maloney’s request and provide direction on whether to schedule a future agenda item for a report on the roles, responsibilities, and purview of the City’s boards and commissions.

J.2 Consider a Request by Council Member Maloney to Discuss a Bicycle and e-Bike Ordinance in the City of Brentwood
Title/Recommendation
That the City Council consider Council Member Maloney’s request and provide direction on whether to schedule a future agenda item to discuss establishing an e-bike and bicycle ordinance within the City of Brentwood.

J.3 Consider a Request by Council Member Maloney to Discuss Dedicating an Underpass on Sand Creek Road in Honor of Jon Elam
Title/Recommendation
That the City Council consider and discuss Council Member Maloney’s request and provide direction on whether to schedule a future agenda item to dedicate an underpass on Sand Creek Road in honor of Jon Elam.

J.4 Consider a Request by Vice Mayor Pierson and Mayor Meyer to Send a Letter of Support for Roadway Improvements on Deer Valley Road
Title/Recommendation
That the City Council consider and discuss Vice Mayor Pierson and Mayor Meyer’s request and provide direction on whether to schedule a future agenda item to discuss a letter of support to appropriate agencies for roadway improvements on Deer Valley Road.

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

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

Public comments received after 3:00 p.m. 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 will be summarized in the meeting minutes.

The Closed Captioning provided via Zoom is auto-generated. It is not the official record and is provided as a convenience.

If you challenge any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing.

NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

POSTING STATEMENT
On October 8, 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.

1 SPECIAL CITY COUNCIL MINUTES
September 21, 2026, 5:30 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 5:31 p.m.

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

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

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

Danny Dohrmann provided comments regarding the City Manager.

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

D. RECESS TO CLOSED SESSION
Moved by: Faye Maloney, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The Council, by motion, recessed to Closed Session at 5:35 p.m.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
E. BUSINESS ITEMS
E.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
E.2 CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION E.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
F. ADJOURNMENT
The Council reconvened in Open Session at 7:01 p.m.

Mayor Meyer stated there was nothing to report out from Closed Session.

Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member

2 The Council, by motion, adjourned the meeting at 7:01 p.m.

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

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
September 21, 2026, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 7:02 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. PUBLIC COMMENTS
Mayor Meyer opened public comments.

City Clerk's office received one (1) written public comment in advance of tonight's City Council Meeting from Bharath regarding the Brentwood Boulevard Specific Plan.

Gopala P., Los Medanos College student and Nathan Afovgbi, Liberty High School student requested the City Council provide a letter to the County Supervisor to request safety improvements to Deer Valley Road.

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

D. CONSENT CALENDAR
Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Faye Maloney, Council Member
The Council, by motion, adopted the Consent Calendar as recommended by staff.

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)
D.1 Meeting Minutes of the City Council
Approved Special City Council Meeting Minutes of September 8, 2026; and City Council / Successor Agency Meeting Minutes of September 8, 2026.

2 D.2 Proclamation recognizing September 26, 2026 as Human Resources Professional Day
Mayor Meyer, presented the proclamation to staff members from the City's Human Resources Department.

The Council, by proclamation, recognized September 26, 2026 as Human Resources Professional Day.

D.3 Proclamation recognizing September 29, 2026 as National Veterans of Foreign Wars Day
Mayor Meyer, presented the proclamation to Commander Travis Martin of Veterans of Foreign Wars Post 10789, Commander Dan Duran of American Legion Post 202 and all Veterans of Foreign Wars who were present in the Council Chambers.

The Council, by proclamation, recognized September 29, 2026 as National Veterans of Foreign Wars Day
D.4 Proclamation recognizing October 2026 as Breast Cancer Awareness Month
The Council, by proclamation, recognized October 2026 as Breast Cancer Awareness Month.

D.5 Proclamation recognizing October 2026 as Cybersecurity Awareness Month
Mayor Meyer, presented the proclamation to staff members from the City's Information Systems Division.

The Council, by proclamation, recognized October 2026 as Cybersecurity Awareness Month.

D.6 Proclamation recognizing October 2026 as Domestic Violence Awareness Month
Mayor Meyer, presented the proclamation to Sundata Rashid and Melissa Caine-Huckabay with STAND! For Families Free of Violence.

The Council, by proclamation, recognized October 2026 as Domestic Violence Awareness Month.

D.7 Proclamation recognizing October 2026 as Filipino American History Month
The Council, by proclamation, recognized October 2026 as Filipino American History Month.

D.8 Proclamation recognizing October 2026 as Italian American Heritage Month
The Council, by proclamation, recognized October 2026 as Italian American Heritage Month.

3 D.9 Proclamation recognizing October 2026 as National Community Planning Month
Mayor Meyer, presented the proclamation to staff members from the City's Community Development Planning Division.

The Council, by proclamation, recognized October 2026 as National Community Planning Month.

D.10 Proclamation recognizing October 2026 as Polish American Heritage Month
The Council, by proclamation, recognized October 2026 as Polish American Heritage Month.

D.11 Proclamation recognizing October 11-17, 2026 as Code Enforcement Appreciation Week
Mayor Meyer, presented the proclamation to staff members from the City's Community Development Community Enrichment Division.

The Council, by proclamation, recognized October 11-17, 2026 as Code Enforcement Appreciation Week.

D.12 Proclamation recognizing October 12, 2026 as Indigenous Peoples Day The Council, by proclamation, recognized October 12, 2026 as Indigenous Peoples Day.

D.13 Award of a Public Works Contract for Installation of Re-Top (ReNew) Maintenance Surfacing for the Universal Abilities Playground at Veterans Park; and amendment of the FY 2026/27 Operating Budget Adopted Resolution 2026-96 approving a public works contract with Robertson Industries, Inc. (“Robertson”) for installation of Re-Top (ReNew) Maintenance Surfacing for the universal abilities playground at Veterans Park, located at 3841 Balfour Road, in an amount not to exceed $73,883.25, authorizing the City Manager or designee to execute the public works contract and related documents necessary to implement the contract, and amending the FY 2026/27 Parks and LLAD Replacement Fund Operating Budget in the amount of $73,884 for this expense.

D.14 Award of contract for Oak Meadow Park Playground Replacement; amend the FY 2026/27 – 2030/31 Capital Improvement Program; and amend the FY 2026/27 Operating Budget
Adopted Resolution 2026-97 (1) approving a contract with Park Associates Inc. dba Park Planet for the purchase and installation of playground equipment for Oak Meadow Park Playground Replacement, CIP Project No. 352-52445 (“Project”) in the amount of $372,414.75, and authorizing the City Manager or designee to execute the contract, and related documents, and to approve and execute amendments and

4 change orders in an aggregate amount not to exceed the 10% contingency of $37,241.48, for a total contract authorization not to exceed amount of $409,656.23, (2) amending the FY 2026/27 – 2030/31 Capital Improvement Program (CIP) and (3) amending the FY 2026/27 Operating Budget to provide an additional $18,157 in funding for the Project from the Parks and LLAD Replacement Fund.

D.15 Approve an amendment to the Memorandum of Understanding between the City of Brentwood and Harvest Time in Brentwood; and amend the FY 2026/27 Agriculture Land Acquisition Fund Operating Budget
Adopted Resolution 2026-98 amending the Memorandum of
Understanding (MOU) between the City of Brentwood and Harvest Time in Brentwood (HTIB) for administration and promotion of the UPick Capital Program; and amending the FY 2026/27 Agriculture Land Acquisition Fund Operating Budget by $81,400.

E. BUSINESS ITEMS
E.1 Annual Update on Pickleball Operations at Creekside Park and Request for Direction on Future Pickleball Court Development
Harith Aleem, Director of Parks and Recreation, presented the item.

Mayor Meyer opened public comments.

City Clerk's office received eighteen (18) written public comments in advance of tonight's City Council Meeting from: akmbass, Christopher Beninati, Gowdilyan Subramaniam, Jayaprakash Jayapaal, Karthikeya, Kelly and Patrick Reddell, Kemin Tsung, Lore Van den Heuvel, Makiko Chuck, Mario Aguilar, Rakesh Dama Richard Robinson, Shannon Wight, Shashank Nigam, Shreya Shankar, Sugi Harto, Todd Wilson and Upasana Saxena.

Amy Whitney, Jason Whitney, and Dave Sipes provided comments in opposition of continuing the use of pickleball courts at Creekside Park.

Corrado Fontana, Karthik Rajan, Donald Cornelius, Kelly Reddell provided comments in support of continuing the use of pickleball courts at Creekside Park until additional courts are available for use.

Danny Dohrmann provided comments regarding the pickleball courts at Creekside Park.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member

5 The Council, by motion, directed staff to:

1. allocate $1,726,871 to the Capital Improvement Project budget as of June 30, 2026; and

2. close the pickleball courts at Creekside Park as soon as the temporary courts at Sunset Park are ready for use; and

3. prioritize the preparation of temporary pickleball courts in the back parking lot at Sunset Park and make them available for use as soon as possible; and

4. send a notice to residents residing within one thousand feet of Creekside Park seeking input regarding a feasibility study for the future use of the existing pickleball courts, including consideration of noise and residential parking impacts.

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.2 Sand Creek Sports Complex Update
Amanda Chaney, Recreation Supervisor, presented the item.

Mayor Meyer opened public comments.

City Clerk's office received three (3) written public comments in advance of tonight's City Council Meeting from: Julie Tamayo, Lindsay Purvey and Vanessa Callahan.

Heidi Tank, Kevin Reed and Michael Rainsford of East County Revolution Football Club and Danny Dohrmann provided comments in opposition to the proposed fee for non-profit facility rentals at the Sand Creek Sports Complex.

Dan Duran provided comments recommending that an area at the Sand Creek Sports Complex be designated for use by game officials.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
The Council, by motion, directed staff to spend time and resources to:

1. return to Council with the fee schedule for the Sand Creek Sports Complex as proposed in the staff report, but with a onetime exception to Council Administrative Policy 10-5 Section

6 5.8.2.4 for facility rentals non-profit usage, setting the fee to $69; and

2. conduct a fee study during the pilot year of operation at the Sand Creek Sports Complex; and

3. following the completion of the fee study and the conclusion of the one-year pilot period, staff shall review Council
Administrative Policy No. 10-5 and return to Council with recommendations regarding the fee structure and any additional proposed revisions to the policy.

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.3 Consideration of Renaming “Hope Park” and Discussion of Administrative Policy No. 50-1
Harith Aleem, Director of Parks and Recreation, presented the item.

Mayor Meyer opened public comments.

Sandra Myers provided comments in opposition of naming parks after people.

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:

1. revise Council Administrative Policy 50-1 to remove the word “include” and add the words "vegetation" and "indigenous animal species"; and

2. bring the revised policy back to Council for approval; and

3. following Council approval of policy, return the park naming item to the Park and Recreation Commission to rename the park using the revised policy.

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)

7 F. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported on attendance at an appreciation luncheon for City staff jointly hosted by Vice Mayor Pierson and Council Member Oerlemans; La Gran Fiesta; and Agenda Review.

Council Member Maloney reported on attendance at the 38th Annual Community Barbecue for East Contra Costa Historical Society; Downtown Brentwood Coalition's 2nd Annual Harvest Time Dinner; meeting with a business owner, City Planning Staff and the Assistant City Manager; a Tourism meeting with Economic Development Senior Analyst, Amy Tilley, Brentwood Chamber of Commerce's Denise Cosgrove and Walnut Creek Chamber of Commerce's Nicole Hankton; meeting with Miguel from Azukar Dulceria; meeting with Police Chief O'Grodnick; attended La Gran Fiesta; supported families of Caden Kyle and Dominic Starkenberg Ferrari at the Liberty High School's Candlelight Vigil; and attended the Be! Women's Conference hosted by Vice Mayor Pierson.

Council Member Mendoza reported on attendance at Cal Cities Roundtable; 38th Annual Community Barbecue for East Contra Costa Historical Society; and Brentwood Community Health and Wellness Fair hosted by Forward Faith City Church.

Vice Mayor Pierson reported on attendance at an appreciation luncheon for City staff jointly hosted by Vice Mayor Pierson and Council Member Oerlemans, and a meeting with Police Chief O'Grodnick and School Resource Officer Blumberg.

Mayor Meyer reported on attendance at the Contra Costa Senior Legal Services 50th Anniversary Gala; a podcast interview with Choice and Aging called Dishing with Debbie; Trans Plan Committee Meeting; 38th Annual Community Barbecue for East Contra Costa Historical Society; the Downtown Brentwood Coalition's 2nd Annual Harvest Time Dinner; attended a Food Security briefing and panel discussion at the Contra Costa and Solano Food Bank; Council Candidate Forum at CoCo Wine Company; an interview with Channel 4; Teach a Girl to Lead Campaign; Contra Costa Biz Con two-day Tech Award Event; and the Brentwood Community Health and Wellness Fair hosted by Forward Faith City Church.

Terrance Davis, Acting City Manager, reported on attendance at the Farmer's Market; and the appreciation luncheon for City staff jointly hosted by Vice Mayor Pierson and Council Member Oerlemans;
Thomas Lloyd Smith, City Attorney, reported on recruitment for an Executive Assistant in the City Attorney's office.

G. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Consider a Request by Council Member Maloney for a report on the roles, responsibilities, and purview of Boards and Commissions.

8 Consider a Request by Council Member Maloney to discuss a Bicycle and eBike Ordinance in the City of Brentwood.

Consider a Request by Council Member Maloney to discuss dedicating an underpass on Sand Creek Road in honor of Jon Elam.

Consider a Request by Mayor Meyer and Vice Mayor Pierson to discuss a letter of support for roadway improvements on Deer Valley Road.

H. REQUESTED FUTURE AGENDA ITEM(S)
H.1 Consider a Request from Council Member Mendoza and Mayor Meyer to Review and Update the Downtown Specific Plan
Council Member Mendoza and Mayor Meyer 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
The Council, by motion, directed staff to spend time and resources to return to Council with a report to include a discussion about how the General Plan fits with different options for updating the Downtown Specific Plan and the Brentwood Boulevard Specific Plan, prioritizing the Downtown Specific Plan and including a discussion of additional, more immediate options available to the City to support downtown businesses.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, and Faye Maloney, Council Member Noes (1): Tony Oerlemans, Council Member
Motion Approved (4 to 1)
I. ADJOURNMENT
Moved by: Susannah Meyer, Mayor
Seconded by: Pa'tanisha Pierson, Vice Mayor
The Council, by motion, adjourned the meeting in honor and remembrance of Dominic Starkenberg-Ferrari and Caden Kyle at 10:14 p.m.

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

PROCLAMATION
WHEREAS, National Friends of Libraries Week, coordinated nationally by United for Libraries, an American Library Association division, will be celebrated October 18–24, 2026, recognizing the invaluable contributions of Friends groups and their role in strengthening libraries and communities; and
WHEREAS, he Friends of the Brentwood Library generously give their time, talents, enthusiasm, and resources to support the Brentwood Library, helping create opportunities for learning, connection, discovery, and community enjoyment; and
WHEREAS, libraries are places where people of all ages can discover something new, share stories, pursue lifelong learning, and find connection— and the American Library Association's 2026 National Library Week theme, “Find Your Joy,” beautifully celebrates the many ways libraries bring curiosity, creativity, and joy into our lives; and
WHEREAS, the City of Brentwood is proud to celebrate the Friends of the Brentwood Library and all who help make our library a welcoming community gathering place, and encourages residents to join, volunteer, visit, read, learn, and find their own library joy;
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize October 18-24, as

NATIONAL FRIENDS OF LIBRARIES WEEK
and invite all residents to celebrate the wonderful people who help our library shine—because great communities are built one connection, one story, and one friend at a time.

Dated this 13th day of October, 2026
Susannah Meyer, Mayor

PROCLAMATION
WHEREAS, local chambers of commerce bring businesses,
entrepreneurs, community leaders, and neighbors together, creating connections that help Brentwood’s business community grow and thrive; and WHEREAS, chambers support local businesses through networking, education, advocacy, and opportunities to celebrate the people and enterprises that make our community vibrant; and
WHEREAS, in 2026, as our nation celebrates America’s 250th anniversary, we recognize the enduring spirit of entrepreneurship, free enterprise, innovation, and opportunity that has helped communities across America flourish; and
WHEREAS, Support Your Local Chamber of Commerce Day,
observed nationally on the third Wednesday of October—October 21 in 2026— offers an opportunity to say thank you, shop local, make new connections, and celebrate the optimistic future being built by businesses in our community; NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize October 21, 2026 as

SUPPORT YOUR LOCAL CHAMBER OF

COMMERCE DAY
and encourage all residents, businesses, organizations, and community partners to celebrate the contributions of our local Chamber and the entrepreneurs who help make Brentwood a wonderful place to live, work, shop, and grow.

Dated this 13
th day of October, 2026
Susannah Meyer, Mayor

PROCLAMATION
WHEREAS, Rotary International, with over 1.4 million members worldwide, has been committed to the global eradication of polio for more than three decades; and
WHEREAS, polio cases have been reduced by 99.9% since 1988, preventing more than 20 million cases of paralysis and hundreds of thousands of deaths; and
WHEREAS, the Global Polio Eradication Initiative, of which Rotary is a core partner, continues to vaccinate children and monitor outbreaks in highrisk areas; and WHEREAS,World Polio Day, observed on October 24, commemorates the birth of Jonas Salk, who led the first team to develop a vaccine against poliomyelitis; and
WHEREAS, the Rotary Club of Brentwood actively supports the PolioPlus campaign and has contributed to awareness, advocacy, and fundraising in our community;
NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize October 24, 2026 as

WORLD POLIO DAY
and encourages all citizens to join in the effort to eradicate polio and support Rotary International’s humanitarian mission.

Dated this 13
th day of October, 2026
Susannah Meyer, Mayor

CITY COUNCIL AGENDA ITEM NO. E.5
10/13/2026
SUBJECT: Acceptance of Work and Notice of Completion for Spektren Engineering, Inc. for the Pavement Management Program 2026 (Concrete), CIP Project No. 336-31705
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Anju Pillai, Engineering Manager
Angel Abarca, Senior Engineer

TITLE/RECOMMENDATION
Adopt a Resolution accepting the work performed by Spektren Engineering, Inc. (“Contractor”) for the Pavement Management Program 2026 (Concrete), CIP Project No. 336-31705 (“Project”), and directing the City Clerk to record a Notice of Completion with the Contra Costa County Recorder.

Per 14 CCR § 15062, a CEQA Notice of Exemption was filed with the Contra Costa County Clerk Recorder on February 25, 2026.

FISCAL IMPACT
The total contract amount for the work performed by the Contractor is as follows:

Contractor Final Contract Amount
Council Approved Amount
(Including Contingency)
Spektren Engineering, Inc. $407,803.59 $429,174
The final contract amount is approximately 5% below the City Council approved amount for this contract. This Project was funded by the General Fund and the Road Maintenance and Rehabilitation Account (“RMRA”) Fund.

BACKGROUND
Located at multiple citywide locations, the Pavement Management Program 2026 (Concrete) (“Project”) consisted of removing and replacing concrete sidewalks, accessible curb ramps, driveway approaches, curbs and gutters.

CITY COUNCIL AGENDA ITEM NO. E.5
10/13/2026
The Project scope of work also included removing trees that have uplifted or damaged sidewalks, curbs, or gutters, and restoring of any affected irrigation systems.

On March 31, 2026, City Council awarded a construction contract to Spektren Engineering, Inc. (“Contractor”) for a total contract amount of $373,195, plus authorized a 15% contingency of $55,979, for a total construction budget not-toexceed amount of $429,174. During construction, a change order in the net amount of $34,608.59 was issued, resulting in a final construction cost of $407,803.59.

The Contractor has completed construction of the Project improvements in accordance with the contract documents. Therefore, staff recommends that the City Council accept the work performed by the Contractor and direct the City Clerk to record a Notice of Completion with the Contra Costa County Recorder pursuant to California Civil Code section 9204 et seq.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
This project was determined to be categorically exempt under the California Environmental Quality Act (CEQA) pursuant to 14 CCR § 15302 (Replacement or Reconstruction), as it involved the replacement of existing utility infrastructure with no expansion of capacity. A Notice of Exemption was filed with the Contra Costa County Clerk Recorder on February 25, 2026, pursuant to CEQA Guidelines section 14 CCR § 15062.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

2. Continue the item and direct staff to return with additional information.

CITY COUNCIL AGENDA ITEM NO. E.5
10/13/2026

ATTACHMENT(S)

1. Previous Action

2. Photographs

3. Resolution

4. Notice of Completion

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

On July 22, 2025, by Resolution No. 2025-82, the City Council adopted the 2025/26 – 2029/30 Capital Improvement Program, which included the Project.

On March 31, 2026, by Resolution No. 2026-24, the City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Pavement Management Program 2026 (Concrete), CIP Project No. 336-31705 with Spektren Engineering Inc., as the lowest responsible and responsive bidder, in the amount of $373,195, plus funding authorization for a 15% contingency of $55,579, for a total funding authorization not-to-exceed amount of $429,174.

Acceptance of Pavement Management Program 2026 (Concrete), CIP Project No. 336-31705

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ACCEPTING THE WORK PERFORMED BY SPEKTREN
ENGINEERING, INC. FOR THE PAVEMENT MANAGEMENT
PROGRAM 2026 (CONCRETE), CIP PROJECT No. 336-31705
(“PROJECT”); AND DIRECTING THE CITY CLERK TO RECORD A

NOTICE OF COMPLETION WITH THE CONTRA COSTA COUNTY

RECORDER
WHEREAS, on July 22, 2025, by Resolution No. 2025-82, the City Council adopted the 2025/26 – 2029/30 Capital Improvement Program, which included the Pavement Management Program 2026 (Concrete), CIP Project No. 336-31705 (“Project”); and
WHEREAS, on March 31, 2026, by Resolution No. 2026-24, the City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Project with Spektren Engineering Inc., as the lowest responsible and responsive bidder, in the amount of $373,195, plus funding authorization for a 15% contingency of $55,979, for a total funding authorization not-to-exceed amount of $429,174; and WHEREAS, the Project consisted of removing and replacing concrete sidewalks, accessible curb ramps, driveway approaches, curbs and gutters; and WHEREAS, the Project scope of work also included removing trees that have uplifted or damaged sidewalks, curbs, or gutters, and restoring of any affected irrigation systems; and
WHEREAS, the Contractor completed the Project improvements on August 10, 2026 in substantial conformance with the approved plans and specifications; and WHEREAS, the City Engineer has determined that the work has been satisfactorily completed and recommends acceptance of the work; and WHEREAS, staff recommends that the work performed by Spektren Engineering, Inc. be accepted and the Notice of Completion recorded with the County Recorder.

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

1. Accepts the work performed by Spektren Engineering, Inc. for the Pavement Management Program 2026 (Concrete), CIP Project No. 336-31705; and

2. Directs the City Clerk to file a Notice of Completion with the County Recorder.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of October 2026 by the following vote:

Pavement Management Program 2026 (Concrete) NOTICE OF COMPLETION CA 09-15-21 Page 1
Recording Requested By:

City of Brentwood
When Recorded Mail To:

City Clerk
City of Brentwood
150 City Park Way
Brentwood, CA 94513

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§ 6103, 27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8102, 9200, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned whose address is 150 City Park Way, Brentwood, California 94513, is the authorized agent of the City of Brentwood (“City”), the public entity responsible for the Project described below.

2. Owner’s full name is City of Brentwood (“City”).

3. City’s address is 150 City Park Way, Brentwood, CA 94513.

4. The nature of City’s interest in the Project is:

X Fee Ownership __ Lessee __ Other:__________________

5. Construction work on the Project performed on City’s behalf is generally described as follows: the Pavement Management Program 2026 (Concrete), CIP Project No. 336-31705 removing and replacing concrete sidewalks, accessible curb ramps, driveway approaches, curbs, and gutters; removing certain trees that uplifted or damaged concrete improvements; restoring affected irrigation systems; adjusting utilities to grade; and performing related work as provided in the Project contract documents .

6. The name and address of the direct contractor of the direct Contractor for the Project is:

Spektren Engineering, Inc. , 7810 Monterey Street, Gilroy, California 95020.

7. The Project was accepted as complete on: October 13, 2026.

8. The Project is located at citywide locations and is described as follows: removing and replacing concrete sidewalk, American with Disabilities Act (ADA) ramps, driveway approach, curb and gutter; adjusting utilities to grade.

Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date Amanda McVey, City Clerk
City of Brentwood, California

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208

CITY COUNCIL AGENDA ITEM NO. E.6
10/13/2026
SUBJECT: Award of contract for concrete replacement services at Rose Garden Park, and amend the FY 2026/27 Operating Budget
DEPARTMENT: Parks and Recreation
STAFF: E. Harith Aleem, Director of Parks and Recreation Aaron Wanden, Park Maintenance Manager
Chris Lopes, Park Maintenance Supervisor

TITLE/RECOMMENDATION
Adopt a Resolution (1) approving a contract with Robert A. Bothman, Inc. dba Robert A. Bothman Construction for concrete replacement services in identified areas at Rose Garden Park, located at 2732 Cathedral Circle, in the amount of $61,731; (2) authorizing the City Manager or designee to execute the contract and related documents and to approve and execute contract amendments and change orders in an aggregate amount not to exceed $9,260, for a total contract authorization not to exceed $70,991; and (3) amending the FY 2026/27 Parks and Landscape and Lighting Assessment District (LLAD) Replacement Fund Operating Budget in the amount of $70,991.

This project is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15302 of the CEQA Guidelines, because the proposed project would remove existing concrete and replace it with new concrete in the same areas and will serve the same purpose as the original concrete.

FISCAL IMPACT
If approved, the total cost of the contract would be $61,731. The Resolution would also authorize the City Manager or designee to approve and execute contract amendments and change orders in an aggregate amount not to exceed $9,260, for a total contract authorization not to exceed $70,991. The project would be funded by the Parks and LLAD Replacement Fund. The Resolution would also amend the FY 2026/27 Parks and LLAD Replacement Fund Operating Budget in the amount of $70,991.

The Parks and LLAD Replacement Fund accumulates resources for the repair and replacement of amenities in City parks and LLADs. Contributions to the Parks and

CITY COUNCIL AGENDA ITEM NO. E.6
10/13/2026
LLAD Replacement Fund are received from the City’s LLADs, Citywide Park Maintenance District and the General Fund. The Parks and LLAD Replacement Fund has sufficient cash balance available for this replacement.

The concrete replacement is not expected to result in additional ongoing maintenance costs.

BACKGROUND
Rose Garden Park was constructed by Pulte Homes as part of the Rose Garden development, Subdivision 8561. Improvements for Phase 1 of the development were accepted by the City for maintenance on March 27, 2007. Since that time, settling and tree root damage have occurred and have resulted in areas of concrete sustaining significant damage and needing to be replaced.

The concrete replacement work constitutes a public project subject to section 3.3 of Council/Administrative Policy No. 10-7, Purchasing Policy, the California Uniform Public Construction Cost Accounting Act (Public Contract Code section 22000 et seq.), and Chapter 3.30 of the Brentwood Municipal Code. Public Contract Code section 22032(a) permits public projects costing $75,000 or less to be performed by negotiated contract. Policy No. 10-7 requires City Council approval of public project contracts exceeding $50,000.

Three written quotes were solicited for the Rose Garden Park concrete project in March 2026. Abacus Concrete Inc. was the only contractor to respond with a quote.

Following Council’s approval of the award of contract to Abacus Concrete Inc. on May 26, 2026, staff have been working with Abacus to obtain all required documents (including proof of insurance in accordance with the contract) in order to proceed with the project. However, Abacus was unable to provide the insurance and bonding documentation required for execution of the contract. Therefore, the City did not execute the contract with Abacus. No other quotes were received when the project was initially solicited.

Pursuant to Public Contract Code section 22032(a), staff subsequently negotiated directly with Robert A. Bothman, Inc. dba Robert A. Bothman Construction (“Bothman”) for the work. Bothman has previously completed satisfactory construction work for the City. Given the past performance, staff requested a quote from this contractor for the project. Bothman is a licensed contractor, has current California Department of Industrial Relations (“DIR”) registration, and can fully satisfy the City’s public works contract insurance and bonding requirements.

CITY COUNCIL AGENDA ITEM NO. E.6
10/13/2026
The proposed Resolution would also rescind the prior contract award to Abacus Concrete Inc. authorized by Resolution No. 2026-43.

Staff recommends the City Council adopt a Resolution approving a Public Works Contract with Robert A. Bothman, Inc. dba Robert A. Bothman Construction in the amount of $61,731; (2) authorizing the City Manager or designee to execute the contract and related documents and to approve and execute contract amendments and change orders in an aggregate amount not to exceed $9,260, for a total contract authorization not to exceed $70,991; and (3) amending the FY 2026/27 Parks and LLAD Replacement Fund Operating Budget in the amount of $70,991.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
This project is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15302, Class 2, Replacement or Reconstruction, of the CEQA Guidelines, because the proposed project would remove existing concrete and replace it with new concrete in the same areas and will serve the same purpose as the original concrete.

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

1. Do not approve staff’s recommendation.

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

CITY COUNCIL AGENDA ITEM NO. E.6
10/13/2026

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Photos of existing concrete

4. Contract

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

On March 27, 2007, by Resolution No. 2007-54, the City Council accepted all public improvements for maintenance; accepted the subdivision maintenance bond; and released the subdivision improvement securities for Subdivision No. 8561, Rose Garden Phase I, located north of Lone Tree Way and south of Neroly Road, developed by Pulte Homes.

On May 26, 2026, by Resolution No. 2026-43, the City Council 1) found that the project is exempt from the California Environmental Quality Act pursuant to Section 15302, Class 2, Replacement or Reconstruction, of the CEQA Guidelines, 2) approved a contract with Abacus Concrete Inc. for concrete replacement services in identified areas at Rose Garden Park, located at 2732 Cathedral Circle, in the amount of $50,736.75, plus funding authorization for a 10% contingency amount of $5,073.68, for a total funding authorization not to exceed amount of $55,810.43; 3) authorized the City Manager or designee to execute the Agreement in a form approved by the City Attorney; and 4) amended the FY 2025/26 Parks and LLAD Replacement Fund Operating Budget in the amount of $55,811.

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD (1) APPROVING A CONTRACT WITH ROBERT A.

BOTHMAN, INC. DBA ROBERT A. BOTHMAN CONSTRUCTION

FOR CONCRETE REPLACEMENT SERVICES IN IDENTIFIED
AREAS AT ROSE GARDEN PARK, LOCATED AT 2732
CATHEDRAL CIRCLE, IN THE AMOUNT OF $61,731;
( 2 ) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

EXECUTE THE CONTRACT AND RELATED DOCUMENTS AND TO

APPROVE AND EXECUTE CONTRACT AMENDMENTS AND CHANGE
ORDERS IN AN AGGREGATE AMOUNT NOT TO EXCEED $9,260,

FOR A TOTAL CONTRACT AUTHORIZATION NOT TO EXCEED
$70,991; AND (3) AMENDING THE FY 2026/27 PARKS AND

LLAD REPLACEMENT FUND OPERATING BUDGET IN THE
AMOUNT OF $70,991
WHEREAS, Rose Garden Park was constructed by Pulte Homes as part of the Rose Garden development, Subdivision 8561; and
WHEREAS, on March 27, 2007, by Resolution No. 2007-54, the City Council accepted all public improvements for maintenance; accepted the subdivision maintenance bond; and released the subdivision improvement securities for Subdivision No. 8561, Rose Garden Phase I, located north of Lone Tree Way and south of Neroly Road, developed by Pulte Homes; and WHEREAS, since the park was accepted for maintenance, settling and tree root damage have occurred and have resulted in areas of concrete having significant damage that needs to be replaced; and
WHEREAS, pursuant to section 3.3 of Council/Administrative Policy No. 10-7, Purchasing Policy, public projects must be procured in accordance with the California Uniform Public Construction Cost Accounting Act (Public Contract Code section 22000 et seq.) and Chapter 3.30 of the Brentwood Municipal Code; and WHEREAS, Public Contract Code section 22032(a) authorizes public projects of $75,000 or less to be performed by negotiated contract; and WHEREAS, in March of 2026, Parks and Recreation staff issued a Request for Quotes to three concrete finishing companies and Abacus Concrete Inc. was the only company to respond with a quote; and WHEREAS, on May 26, 2026, the City Council, by Resolution No. 2026- 43, awarded the contract to Abacus Concrete Inc.; and
WHEREAS, Abacus Concrete Inc. was ultimately unable to provide the

insurance and bonding documents required for execution of the contract, and the City did not execute the contract with Abacus Concrete Inc.; and WHEREAS, pursuant to Public Contract Code section 22032(a), staff negotiated directly with Robert A. Bothman, Inc. dba Robert A. Bothman Construction (“Bothman”) for the work, and Bothman submitted a proposal in the amount of $61,731; and
WHEREAS, the proposed contract amount is $61,731, with authorization for contract amendments and change orders in an aggregate amount not to exceed $9,260, resulting in a total contract authorization not to exceed $70,991, which is within the $75,000 threshold established by Public Contract Code section 22032(a); and
WHEREAS, Bothman is a licensed contractor, is registered with the California Department of Industrial Relations, and is able to meet the City’s public works contract insurance and bonding requirements; and
WHEREAS, an amendment to the FY 2026/27 Parks and LLAD Replacement Fund Operating Budget in the amount of $70,991 is necessary to fund the project; and
WHEREAS, the project is categorically exempt from the California Environmental Quality Act pursuant to Section 15302, Class 2, Replacement or Reconstruction, of the CEQA Guidelines because the project consists of replacing existing concrete and on the same site with concrete having substantially the same purpose and capacity as the existing concrete no exception to the categorical exemption set forth in CEQA Guidelines section 15300.2 applies.

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

1. Rescinds the contract award to Abacus Concrete Inc. authorized by Resolution No. 2026-43; and

2. Finds that the project is categorically exempt from the California Environmental Quality Act pursuant to Section 15302, Class 2, Replacement or Reconstruction, of the CEQA Guidelines; and

3. Approves a contract with Robert A. Bothman, Inc. dba Robert A.

Bothman Construction for concrete replacement services in identified areas at Rose Garden Park, located at 2732 Cathedral Circle, in the amount of $61,731, plus funding authorization for a 15% contingency amount of $9,260, for a total funding authorization not to exceed amount of $70,991; and

4. Authorizes the City Manager or designee to execute the Contract in a form approved by the City Attorney; and

5. Amends the FY 2026/27 Parks and LLAD Replacement Fund Operating Budget in the amount of $70,991; and

6. Directs the City Clerk to file a Notice of Exemption pursuant to CEQA Guidelines section 15062 following approval of the project.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of October 2026 by the following vote:

ROSE GARDEN PARK – CONCRETE REPLACEMENT

Approved by City Attorney, dated 02/10/2025 Up to $75,000 Contract

Public Works Contract for Projects up to $75,000
This public works contract (“Contract”) is entered into as of the ____ day of _________________, 2026 by and between the City of Brentwood (“City”) and Robert A. Bothman, Inc. dba Robert A. Bothman Construction (“Contractor”), a California corporation, for concrete replacement services at Rose Garden Park, 2732 Cathedral Circle, Brentwood.

The parties agree as follows:

1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work, as specified in Exhibit A, Scope of Work (“Work”), and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control.

2. Contract Price. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract, City will pay Contractor the not to exceed amount of $61,731 (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions contained herein. No other compensation for the Work will be allowed except for items covered by subsequent written amendments to this Contract.

2.1 Payment. Contractor must submit an invoice on the first day of each month during the Contract Time, defined in Section 3 below, and/or upon completion, for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor.

2.2 Payment and Performance Bonds. If the Contract Price is over $25,000, then Contractor must provide City with a payment bond and a performance bond using the bond forms included in this Contract as Exhibit B, Bond Forms, and submit the bonds within ten days following issuance of the notice of award and before performing any Work, each for at least 100% of the maximum Contract Price set forth in Section 2, Contract Price. Each bond must be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor’s expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract.

If the Contract Price increases during the Work by five percent or more over the original Contract Price, Contractor must provide supplemental or replacement bonds within ten days of written notice from City pursuant to this section, covering 100% of the increased Contract Price and using the bond forms provided by the City.

2.3 Retention. City reserves the right to withhold a 5% retention until 35 days after City has recorded a Notice of Completion. If retention is withheld under this Contract, substitution of appropriate securities in lieu of withholding retention from progress payments will be permitted under Public Contract Section 22300.

3. Contract Time. Unless earlier terminated, the term of this Contract will commence upon the date first above written and will expire January 31, 2027. Contractor will commence the Work immediately when

Approved by City Attorney, dated 02/10/2025 Up to $75,000 Contract

directed by a City representative, and will diligently prosecute and complete the Work. Time is of the essence in the performance of this Contract (“Contract Time”).

4. Reserved.

5. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of care applicable to the same type of work in the San Francisco Bay Area. Contractor must promptly correct, at Contractor’s sole expense, any Work that the City determines is deficient or defective.

6. Permits, Certificates, and Licenses.

6.1 General. Unless otherwise stated in Exhibit A, Contractor, at its sole expense, must obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the required California contractor’s license.

6.2 In-Use Off-Road Diesel-Fueled Fleets. If the Work involves the use of vehicles subject to the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleet Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), Contractor must submit to City, with the executed Contract, valid Certificates of Reported Compliance for its fleet and its listed subcontractors, if applicable, in accordance with the Off-Road Regulation, and must comply with the Off-Road Regulation, unless exempt thereunder.

7. Business License. Contractor will obtain and maintain a City of Brentwood business license for the term of the Contract.

8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its officers, agents, employees, and volunteers from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s acts or omissions with respect to this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of the City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract. City will notify Contractor of any third-party claim pursuant to Public Contract Code section 9201.

9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage required in this section to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. Each policy must be issued by a company admitted and authorized to do business in California, and with a strength and size rating from A.M. Best Company of A-VIII or better.

Contractor must provide City with certificates of insurance and required endorsements as evidence of coverage with the executed Contract and before the City authorizes Contractor to proceed with the Work.

9.1 Liability. Commercial General Liability (“CGL”) insurance issued on an occurrence basis, including coverage for liability arising from Contractor’s or its subcontractor’s acts or omissions in performing the Work, including Contractor’s protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicular coverage, and employer’s non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.

9.2 Automotive. Commercial automotive liability coverage for owned, non-owned and hired vehicles must provide coverage of at least $1,000,000 combined single limit per accident for bodily injury, death, or property damage.

Approved by City Attorney, dated 02/10/2025 Up to $75,000 Contract

9.3 Workers’ Compensation. Statutory coverage is required by the California Workers’ Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized Certificate of Permission to Self-Insure.

9.4 Waiver of Subrogation. Each required policy must contain a waiver of subrogation for the benefit of the City.

9.5 Required Endorsements.
(1) The CGL policy and the automotive liability policy must include the following specific endorsements:
a. The City, including its officers, employees, agents, and volunteers (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. b. The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss.
(2) The Workers Compensation policy must include a waiver of subrogation endorsement for the benefit of the City.

9.6 Submission of Insurance. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.

9.7 Cancellation. Insurance will be in force during the life of the Contract and any extensions of it, and insurance will not be canceled without 30 days prior written notice to City sent pursuant to the notice provisions of this Contract.

9.8 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach of this Contract, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Contract.

10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.

10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720, 1720.3, or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Clerk’s office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.

Approved by City Attorney, dated 02/10/2025 Up to $75,000 Contract

10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or authorized in writing by City.

10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1771.4, 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price is under $25,000, Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.

10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code section 1777.5.

10.5 DIR Monitoring, Enforcement, and Registration. This Work is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Contract Price is for under $25,000.

11. Workers’ Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

12. Termination.

12.1 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must:
immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City’s instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Work. If City terminates the Contract for convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination, as well as five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date.

12.2 Termination for Default. The City may terminate this Contract for cause for any material default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Work; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination.

Approved by City Attorney, dated 02/10/2025 Up to $75,000 Contract

13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute resolution procedures of Public Contract Code sections 9204 and 20104 et. seq., which are incorporated by reference.

14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach.

15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for the Work for a period of one year, beginning upon City’s acceptance of the Work as complete (“Warranty Period”). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials, including repair or replacement of any other Work or materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.

16. Worksite Conditions.

16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must remove and properly dispose of debris and waste materials from the Work site.

16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City.

16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as identified by any federal, state, or local law or regulation. If Contractor encounters materials on the Work site that Contractor reasonably believes to be asbestos or other hazardous materials, and the asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area affected and report the condition to City. No asbestos, asbestos-containing products or other hazardous materials may be used in performance of the Work.

16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract documents, Contractor must immediately provide written notice to City and the utility. In performing any excavations or trenching work, Contractor must comply with all applicable operator requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104.

17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a separate set of as-built drawings while the Work is being performed, showing changes from the Work as planned in Exhibit A, or any drawings incorporated into this Contract. The as-built drawings must be updated as changes occur, on a daily basis if necessary. Contractor will maintain complete and accurate records with respect to the Work and its cost. All records will be clearly identifiable. Contractor 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 Contract. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Contract during the Contract Term, and for a period of three (3) years from the date of final payment under this Contract.

18. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

Approved by City Attorney, dated 02/10/2025 Up to $75,000 Contract

19. Non-Discrimination. No discrimination will be made in the employment of persons under this Contract because of the race, color, national origin, ancestry, ethnicity, religion, gender, sexual orientation, age, disability, marital status, or any other protected class, of such person.

20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor customarily engages in the Work as part of its independently-established trade, occupation, and/or business, separately from its work for City. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City. The persons used by Contractor to provide the Work under this Contract will not be considered employees of City for any purposes whatsoever.

21. Other Contractors. City reserves the right to employ other contractors in connection with the Work.

22. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5, Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties.

23. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, or a reliable overnight delivery service. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows:

For City: For Contractor:

City of Brentwood Name Robert A. Bothman Construction
150 City Park Way Address: 2690 Scott Blvd.

Brentwood, CA City/St/Zip Santa Clara, CA 95050
Phone: (925) 516-5444 Phone: (408) 279-2277
Attn: Chris Lopes, Park Maint. Sup. Attn: Jack Wall, VP, Business Dev.

Email: [email protected] Email: [email protected]
Copy to: [email protected]

24. General Provisions.

24.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws, conflict of interest laws, local ordinances, and those laws and regulations enacted in response to the COVID-19 pandemic. Work may only be performed by qualified and experienced workers who are not employed by the City and who do not have any contractual relationship with City, with the exception of this Contract.

24.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.

Approved by City Attorney, dated 02/10/2025 Up to $75,000 Contract

24.3 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

24.4 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

24.5 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Contra Costa County, and no other place.

24.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

24.7 Integration; Severability. This Contract and the Contract documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect.

24.8 Signatures.

24.8.1 Counterparts. This Contract 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.

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

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

24.9 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.
[Signatures are on the following page.]

Approved by City Attorney, dated 02/10/2025 Up to $75,000 Contract

The parties agree to this Contract as witnessed by the signatures below:

CONTRACTOR:
* By:

Andrew Bothman, CFO
CITY:

By:

Terrance Davis, Acting City Manager
ATTEST:

By:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

By:

Thomas Lloyd Smith, City Attorney
440332 1000000846
CA Contractor License(s) # DIR Registration #
05/31/2027 06/30/2029
License Expiration Date(s) DIR Expiration Date
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B.

Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.

Exhibit A: Scope of Work
Exhibit B: Bond Forms

END OF CONTRACT

Approved by City Attorney, dated 2/10/2025 Up to $75,000 Contract Payment Bond
Exhibit A

SCOPE OF WORK
Upon direction from City representative, Contractor agrees to perform the following work at Rose Garden Park, 2732 Cathedral Circle, Brentwood:

1. Demolish and dispose of approximately 36.25 yards of existing concrete in three areas as shown on the attached diagram (Attachment 1).

2. Form and pour back the removed concrete with 6 sack concrete containing fiber mesh.

3. Contractor to finish approximately 2,108 square feet of new concrete with a medium broom finish.

Approved by City Attorney, dated 2/10/2025 Up to $75,000 Contract Payment Bond
Attachment 1

Approved by City Attorney, dated 2/10/2025 Up to $75,000 Contract Payment Bond
Exhibit B

BOND FORMS

Approved by City Attorney, dated 2/10/2025 Up to $75,000 Contract Payment Bond
Payment Bond
The City of Brentwood (“City”) and Robert A. Bothman, Inc. dba Robert A. Bothman Construction (“Contractor”) have entered into a contract for concrete demolition, disposal, pumping, and finishing of new concrete at Rose Garden Park, 2732 Cathedral Circle, Brentwood, CA (“Work”).

The Contract is incorporated by reference into this Payment Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than the Contract Price of $61,731, under California Civil Code Sections 9550, et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.

2. Surety’s Obligation. If Contractor or any of its subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract; or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation.

3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.

4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.

5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code Section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Attn:

Address:

City/State/Zip:

Phone:

Fax:

Email:

6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be Contra Costa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
[Signatures on following page.]

Approved by City Attorney, dated 2/10/2025 Up to $75,000 Contract Payment Bond

7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__.

SURETY:

Business Name
s/
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:

Robert A. Bothman, Inc. dba
Robert A. Bothman Construction
s/
Andrew Bothman, CFO
APPROVED BY CITY:
s/ _______________________________________________
Terrance Davis, Acting City Manager

END OF PAYMENT BOND

Up to $75,000 Contract
Performance Bond
Approved by City Attorney, dated 2/10/2025
Performance Bond
The City of Brentwood (“City”) and Robert A. Bothman, Inc. dba Robert A. Bothman Construction (“Contractor”) have entered into a contract for concrete demolition, disposal, pumping, and finishing of new concrete at Rose Garden Park, 2732 Cathedral Circle, Brentwood, CA (“Work”). The Contract is incorporated by reference into this Performance Bond (“Bond”).

1. General. Under this Bond, Contractor as Principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than the Contract Price of $61,731 to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.

2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void.

Otherwise Surety’s obligations will remain in full force and effect.

3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845.

4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Work, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the “Contract Balance” is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract.

5. Contractor Default. Upon written notification from City that Contractor is in default under the Contract, time being of the essence, Surety must act within seven calendar days of receipt of the notice to remedy the default through one of the following courses of action:

5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;

5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract documents, at Surety’s expense; or

5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining services completed.

6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.

7. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal delivery, U.S. Mail, or a reliable overnight delivery service. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety must be given as follows:

Attn: ______________________________________________________ Address: __________________________________________________

Up to $75,000 Contract
Performance Bond
Approved by City Attorney, dated 2/10/2025
City/State/Zip: ______________________________________________ Phone: ____________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________

8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Superior Court of Contra Costa County, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___.

SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:

Robert A. Bothman, Inc. dba
Robert A. Bothman Construction
s/__________________________________ ______________________________ Andrew Bothman CFO Date
APPROVED BY CITY:

City of Brentwood
s/______________________________ ______________________________ Terrance Davis, Acting City Manager Date

END OF PERFORMANCE BOND

CITY COUNCIL AGENDA ITEM NO. F.1
10/13/2026
SUBJECT: Hold a Public Hearing and Confirm the Formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services)
DEPARTMENT: Parks and Recreation
STAFF: E. Harith Aleem Jr., Director of Parks and Recreation Aaron Wanden, Park Maintenance Manager

TITLE/RECOMMENDATION
Staff recommends that the City Council (1) hold a public hearing regarding the formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services) and the levy and collection of annual assessments commencing Fiscal Year 2027/28; (2) at the conclusion of the public hearing, direct the City Clerk, or the City Clerk’s designee, to tabulate the assessment ballots submitted and not withdrawn; (3) determine whether a majority protest exists against the proposed assessments based on the ballot tabulation, with each ballot weighted by the amount of the proposed assessment to be imposed upon the identified parcel for which the ballot was submitted; and (4) if no majority protest exists, adopt a resolution providing final approval of the Engineer’s Report prepared in accordance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code section 22500 et seq.) and Article XIII D of the California Constitution, ordering the improvements and formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services), and confirming the assessment diagram and assessments for Fiscal Year 2027/28.

FISCAL IMPACT
The Engineer’s Report identifies maximum annual assessments totaling of $9,858.46 in Fiscal Year 2026/27 dollars from the parcels initially included within Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services) (the “District”). If the District is formed, annual assessments will first be levied and collected beginning in Fiscal Year 2027/28, subject to the maximum assessment rates determined in accordance with the assessment methodology and annual adjustment formula set forth in the Engineer’s Report. The maximum annual assessment rates may be adjusted in each subsequent fiscal year based upon the greater of the annual December-to-December increase in the San Francisco Bay Area Urban Wage Earners

CITY COUNCIL AGENDA ITEM NO. F.1
10/13/2026
Consumer Price Index or 2%. Assessment revenue will fund the special benefit portion of the maintenance, operation, servicing, replacement, and administration expenses associated with City improvements benefiting the parcels within the District. Costs attributable to general benefits may not be assessed to parcels within the District and will be funded by the General Fund or other non-assessment district funds.

To ensure the City’s Landscape & Lighting Assessment Districts are self-supporting, administrative costs are factored into the maximum assessment rates to fund the preparation of annual Engineer’s Reports and the levying and collection of assessments. The property owners have deposited funds with the City to cover the costs of forming the District.

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) (the “District”), which will initially consist of the Alvernaz Commercial Shell Building and Fire Station 94 projects. The District’s maximum assessment rates have been updated to reflect current maintenance costs and the special-benefit methodology set forth in the Engineer’s Report and include an assessment component to fund the City's master trail system. Going forward, new non-residential and multi-family projects may be annexed into the District in accordance with applicable law.

The Alvernaz Commercial Shell Building project (APN 010-150-083) is located at 535 Harvest Park Drive and consists of a 31,185-square-foot commercial/industrial shell building. The Fire Station 94 project (APNs 013-091-018 and 013-091-019) is a twostory fire station located at 739 First Street. These properties are proposed to be included in the District to provide an ongoing funding mechanism for the annual operation, maintenance, and capital replacement of public streetlights, landscaping, open space areas, trails, and parks that provide special benefit to the properties within the District. The District consists of the following seven (7) zones of benefit:
 Zone A (Arterial and Major Roadway Street Lighting)

CITY COUNCIL AGENDA ITEM NO. F.1
10/13/2026
 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)
On August 25, 2026, the City Council adopted Resolution No. 2026-86 initiating proceedings for the formation of the District. The City Council also adopted Resolution No. 2026-87, which preliminarily approved the Engineer's Report, declared the City Council’s intention to order the formation of the District and to levy and collect annual assessments beginning in Fiscal Year 2027/28, and set 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.

The Engineer's Report includes a description of the improvements, boundaries of the District and its 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. The Engineer's Report establishes Fiscal Year 2026/27 as the base year used to set the maximum assessment rates. If the District is formed, Fiscal Year 2027/28 will be the first fiscal year in which assessments will be levied and collected, with the maximum assessment rates for that fiscal year determined in accordance with the assessment methodology and annual adjustment formula set forth in the Engineer's Report.

In accordance with Resolution No. 2026-87, Article XIII D of the California Constitution, Government Code section 53753, and the Landscaping and Lighting Act of 1972, notices of the public hearing and assessment ballots were mailed to the record owners of the parcels for the Alvernaz Commercial Shell Building and Fire Station 94 projects. The notices provided information regarding the formation of the District, the proposed assessments, the improvements and services to be funded, and the procedures for submitting a ballot. All assessment ballots must be received by the City before the conclusion of public testimony regarding formation of the District to be included in the tabulation. At the conclusion of the public hearing, the City Clerk will tabulate the ballots in public view in accordance with Government Code section 53753.

The returned ballots are weighted by the amount of the proposed assessment for each parcel. A majority protest exists if the assessment ballots submitted and not withdrawn in opposition to the proposed assessments exceed the assessment ballots submitted and not withdrawn in favor of the proposed assessment, with each ballot weighted by the amount of the proposed assessment to be imposed on the identified

CITY COUNCIL AGENDA ITEM NO. F.1
10/13/2026
parcel for which the ballot was submitted. If a majority protest exists, the proceedings regarding formation of the District must be abandoned and the proposed assessments may not be imposed. If no majority protest exists, the City Council may adopt the attached resolution providing final approval of the Engineer's Report, ordering the improvements and formation of the District, and confirming the diagram and assessments for Fiscal Year 2027/28 for the District.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
A notice of public hearing was published in the Brentwood Press on October 2, 2026.

Also, a notice of public hearing was mailed to all affected property owners in accordance with Government Code section 53753.

ENVIRONMENTAL DETERMINATION
The proposed actions are not a project subject to the California Environmental Quality Act (“CEQA”). The resolution provides final approval of the Engineer's Report, orders the improvements and formation of the District, and confirms the diagram and assessments commencing Fiscal Year 2027/28 for the District. 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 would prevent the City from levying assessments beginning in Fiscal Year 2027/28 to fund the operation, maintenance, and replacement of public improvements

CITY COUNCIL AGENDA ITEM NO. F.1
10/13/2026
benefiting properties within the District, 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 Providing Final Approval of the Engineer's Report, Ordering Improvements and Formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services), and Confirming the Diagram and Assessments

3. Engineer's Report for the Formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services)

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 adopted a resolution approving and authorizing the City Manager or his/her designee to execute a Professional Services Agreement with Francisco & Associates, Inc., for a two-year term, in an amount not to exceed $477,900, plus a 10% contingency amount of $57,790, for a not to exceed amount of $525,690 for FY 2025/26 and FY 2026/27 assessment engineering services. In addition, the two-year agreement included an option to extend the agreement for two additional one-year terms.

On August 25, 2026, by Resolution No. 2026-86, the City Council adopted a resolution initiating proceedings for the formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services), designated Francisco & Associates, Inc., as the assessment engineer for the proceedings, and ordered the preparation and filing of an Engineer's Report.

On August 25, 2026, by Resolution No. 2026-87, the City Council adopted a resolution approving the Engineer's Report, declared 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 beginning in Fiscal Year 2027/28, and set 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 and Proposition 218.

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD DETERMINING THAT A MAJORITY PROTEST DOES
NOT EXIST; APPROVING THE FINAL ENGINEER’S REPORT AND
MAKING FINDINGS RELATED TO THE REPORT; ORDERING THE

FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT
DISTRICT NO. 26-1 (CITYWIDE AND LOCAL MAINTENANCE
SERVICES); ORDERING THE IMPROVEMENTS AND SERVICES;

AND CONFIRMING THE ASSESSMENT DIAGRAM AND
ASSESSMENTS AS SHOWN IN THE ENGINEER’S REPORT,
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
(STREETS AND HIGHWAYS CODE SECTION 22500 ET SEQ.) AND

ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION
WHEREAS, the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with section 22500 (the “Act”), authorizes the City Council of the City of Brentwood (“City Council”) to form assessment districts and levy assessments for the purposes authorized by the Act; and
WHEREAS, Article XIII D of the California Constitution establishes requirements applicable to assessments imposed upon real property, including requirements that assessments be based upon special benefit and that assessments be proportional to, and not exceed the reasonable cost of, the special benefit conferred upon the assessed property; and
WHEREAS, on August 25, 2026, the City Council adopted Resolution No. 2026-86 initiating proceedings for the formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services) (“District”) and ordering the preparation and filing of an Engineer’s Report; and WHEREAS, on August 25, 2026, the City Council adopted Resolution No. 2026-87 preliminarily approving the Engineer's Report, declaring its intention to order the formation of the District and to levy and collect annual assessments beginning in Fiscal Year 2027/28, and setting October 13, 2026, at 7:00 p.m., as the date and time for a public hearing on the proposed formation of the District and levy of the proposed assessments; and
WHEREAS, in pursuant to Resolution No. 2026-87, Government Code section 53753, and the Act, notices of the public hearing and assessment ballots were mailed to the record owners of the parcels within the District; and WHEREAS, on October 13, 2026, the City Council conducted a public hearing on the formation of the District and levy of the proposed assessments and provided all interested persons an opportunity to present written or oral testimony concerning the formation and proposed assessments; and

WHEREAS, at the conclusion of the public hearing, the assessment ballots submitted and not withdrawn were tabulated in accordance with Government Code section 53753, 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; and
WHEREAS, the amount of the proposed assessments represented by the assessment ballots submitted and not withdrawn in opposition to the proposed assessments did not exceed the amount represented by the assessment ballots submitted and not withdrawn in favor of the proposed assessments, as shown in Exhibit A attached hereto; and
WHEREAS, the City Council has determined that a majority protest does not exist and that the proceedings may continue; and
WHEREAS, Streets and Highways Code section 22594 authorizes the City Council, if a majority protest does not exist, to adopt a resolution ordering the improvements and formation of the District and confirming the assessment diagram and assessments.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Brentwood that:

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

2. The City Council confirms the Engineer’s Report previously approved by Resolution No. 2026-87, as modified by any changes ordered by the City Council during or upon conclusion of the public hearing, if any. .

3. Based upon its review of the Engineer's Report and the record of these proceedings, the City Council finds and determines, pursuant to Article XIII D, section 4(a) of the California Constitution, that:
a. The assessable parcels within the District will receive special benefit from the operation, maintenance, and servicing of the public streetlights, landscaping, open space areas, trails, parks and appurtenant facilities, and improvements related thereto; b. The maximum amount assessment rates and amounts stated in the Engineer’s Report in Fiscal Year 2026/27 dollars are apportioned by a formula and method that fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services;
c. The assessments do not exceed the reasonable cost of the proportional special benefits to be conferred upon the assessed parcels; d. The Engineer's Report identifies and separates the general benefits from the special benefits attributable to the improvements and services, and the costs attributable to general benefits are not included in the assessments imposed upon the parcels within the District; and

e. The assessments are imposed based upon the special benefits to be received by the assessed parcels and are not based upon the value of the property.

4. The City Council hereby orders the improvements and services described in the Engineer's Report to be provided, maintained, serviced, operated, repaired, and replaced, as applicable, in accordance with the Act, Article XIII D of the California Constitution, and the Engineer's Report.

5. The City Council hereby orders the formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services).

6. The City Council confirms the diagram and approves the maximum assessments in Fiscal Year 2026/27 dollars, as shown in the Engineer's Report (or as amended, if applicable). The assessments shall be levied and collected pursuant to the Act, Article XIII D of the California Constitution, the Engineer's Report, and other applicable provisions of law commencing in Fiscal Year 2027/28.

7. Beginning in Fiscal Year 2027/28, the maximum assessment rates may be adjusted in accordance with the assessment methodology and annual adjustment formula established in the Engineer's Report, subject to Article XIII D of the California Constitution, the Act, and other applicable provisions of law. Annual assessments shall be levied and collected only as authorized by the Act, the Engineer’s Report, and other applicable law.

8. The City Council finds that adoption of this Resolution and formation of the District 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.

9. 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 complete the formation proceedings for the District.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of October 2026 by the following vote:

EXHIBIT A

CERTIFICATE OF ASSESSMENT BALLOT RESULTS

FOR THE FORMATION OF
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 26-1
(CITYWIDE AND LOCAL MAINTENANCE SERVICES)
October 13, 2026
I, Amanda McVey, City Clerk of the City of Brentwood, hereby certify the results of the assessment ballot election in connection with the proposed formation of Landscape & Lighting Assessment District No. 26-1 (Citywide and Local Maintenance Services) held on October 13, 2026 to be as follows:

TOTAL PROPOSED ASSESSMENT AMOUNT REPRESENTED BY BALLOTS SUBMITTED AND NOT WITHDRAWN IN FAVOR: ________________

TOTAL PROPOSED ASSESSMENT AMOUNT REPRESENTED BY BALLOTS SUBMITTED AND NOT WITHDRAWN IN OPPOSITION: ______________

TOTAL PROPOSED ASSESSMENT AMOUNT REPRESENTED BY BALLOTS SUBMITTED AND NOT WITHDRAWN:_______________

THE ASSESSMENT AMOUNT REPRESENTED BY BALLOTS SUBMITTED AND NOT WITHDRAWN IN FAVOR EQUALS ______________% OF THE TOTAL ASSESSMENT AMOUNT REPRESENTED BY BALLOTS SUBMITTED AND NOT WITHDRAWN.

The proposed assessment amount represented by ballots submitted and not withdrawn in opposition did not exceed the proposed assessment amount represented by ballots submitted and not withdrawn in favor, with the ballots weighted according to the amount of the proposed assessment to be imposed upon the identified parcel. Therefore, a majority protest did not exist.

Dated: October 13, 2026

CITY OF BRENTWOOD
By
Amanda McVey
City Clerk of the City of Brentwood

Landscape & Lighting
Assessment District No. 26-1
(Citywide and Local Maintenance Services)
Fiscal Year 2027-28
Engineer’s Report
October 13, 2026

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

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

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______________________________

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;

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

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.

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.

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.

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.

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.

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

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.

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) $4,755,903.72 $1,418.60 $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) $986.97 $986.97 N/A N/A N/A Alvernaz Commercial Shell Building (Zone F-01) $3,092.76 $3,092.76 N/A N/A N/A Fire Station 94 (Zone F-02) $1,522.95 $1,522.95 N/A N/A N/A Subtotal $19,208,196.83 $9,858.46 $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.

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.

LLAD No. 19-3 (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
(APN 010-150-083)
240 0 480
Feet
Project
Locations
Legend
LLAD No. 26-1 (Zones A, B, C, D, and E) Boundary
City Limits
Parcels
±

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
(APN 010-150-083)
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

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.

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

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.

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

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

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.

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

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:

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

Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
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 $1,418.60 $4,138,934.42 $538,029.47 $77,521.23 $205.00 $1,418.60 $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

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

Formation of LLAD No. 26-1 SECTION III
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

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

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.

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

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

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.

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

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 $661.32
Fire Station 94 195 $325.65
591 $1.67 $986.97
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

Formation of LLAD No. 26-1 SECTION III
Engineer’s Report for Fiscal Year 2027-28 PART D
33 above. Parcels in Zone F-01 and F-02 will only be assessed at the rates shown in Table 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 $3,092.76 Zone F-02 Fire Station 94 195 $1,522.95
591 $7.81 $4,615.71
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.

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”.

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

A-1
APPENDIX “A”

MAXIMUM ASSESSMENT AMOUNTS

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.

Alvernaz
Commercial Shell
Building
Benefit
Zone
Assessor Parcel
Number
010-150-083
Assessor Parcel
Number
013-091-018
Assessor Parcel
Number
013-091-019
Zone A $120.00 $3.10 $15.30
Zone B $1,230.00 $31.77 $156.83
Zone C $1,440.00 $37.19 $183.60
Zone D $900.00 $23.24 $114.75
Zone E $661.32 $50.10 $275.55
Zone F-1 $3,092.76 n/a n/a
Zone F-2 n/a $234.30 $1,288.65
$7,444.08 $379.70 $2,034.68
Development Name
Fire Station 94

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

B-1
APPENDIX “B”

BENEFIT BOUNDARY DIAGRAMS

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

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

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)

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

Local Landscaping Facilities
Benefit Boundary Diagram
LLAD No. 26-1 (Zone F-01)
10feet*
B-5
Alvern az Com m ercial
Sh ell Buildin g
ProjectSite
¯
0 40
Feet
Legend
LLADNo.26-1(Zon eF-01)Boun dary
Lan dscapin g -Local Ben efit
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CITY COUNCIL AGENDA ITEM NO. F.2
10/13/2026
SUBJECT: An amendment to the Downtown Specific Plan (SPA 25-001) to define and update regulations related to Personal Service and Body Art facilities
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Principal Planner

TITLE/RECOMMENDATION
Adopt a Resolution approving a text amendment (SPA 25-001) to the Downtown Specific Plan (DSP) defining and updating regulations related to Personal Service and Body Art facilities.

The amendment is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment.

FISCAL IMPACT
There is no fiscal impact to amending the DSP, other than the time spent for staff to process it. Future costs associated with the creation of a new license and administration of the program will be analyzed as part of a future agenda item related to the adoption of the license and license fee.

BACKGROUND
On January 28, 2025, Vice Mayor Pierson and Council Member Oerlemans brought forth a future agenda item request to the City Council for consideration and discussion of a potential amendment to the Downtown Specific Plan to remove the prohibition on tattoo parlors and allow them as a permitted use. The City Council motion directed staff to provide background information on the pros and cons of allowing tattoo studios in the Downtown, specifically as it relates to economic development impacts, as well as potential legal implications. A summary of the initial questions and

CITY COUNCIL AGENDA ITEM NO. F.2
10/13/2026
concerns that were raised at the meeting can be found within the July 28, 2026 City Council agenda report.

On May 27, 2025, the City Council further considered the possibility of amending the DSP. Following discussion of the economic development and legal considerations analyzed in the May 27, 2025 staff report, the City Council voted to direct staff to amend the DSP to allow tattoo parlors as a permitted use, subject to an Administrative Design Review.

On August 5, 2025, the Planning Commission held a public hearing on the proposed amendment. After consideration of the pros and cons of amending the DSP, the Planning Commission voted 3-2 to recommend that the City Council not adopt the draft ordinance to amend to DSP.

On July 28, 2026, the City Council held a public hearing on the proposed amendments. After a lengthy discussion, the City Council provided additional direction to be brought back for further discussion by September 8, 2026.

On September 8, 2026, the City Council gave final direction to move forward with an amendment to the Downtown Specific Plan to include the following changes:
 Create new definitions for Personal Service and Body Art to be defined separately and classified as separate land uses.
 Require all Body Art establishments to obtain a Downtown Body Art license prior to establishing, with a limit of four total facilities within the Downtown.  Allow Body Art establishments with a Downtown Body Art license (limited to a total of four) in the Downtown where Personal Services are permitted except within the first 65 feet of the first floor, as measured perpendicular to the street frontage, on Oak Street and First Street. Body Art establishments could be permitted on the 2nd floor of these streets and outside of the first 65 feet, subject to a Downtown Body Art license.

PROJECT DESCRIPTION AND ANALYSIS
The proposed amendments to the DSP reflect City Council direction from the September 8, 2026, City Council meeting. The proposed amendments include several text changes that are summarized and outlined below.

NEW DEFINITIONS
In order to maintain the economic vitality, pedestrian-oriented character, and distinctive commercial function of the Downtown, and to provide a clear delineation

CITY COUNCIL AGENDA ITEM NO. F.2
10/13/2026
between the Body Art and Personal Services with separate definitions, new definitions have been included in the attached redlined DSP to include the following:
“Body Art” is defined as body piercing, tattooing, branding, or application of permanent cosmetics (HSC § 119301). Body Art as the primary business or incidental to a permitted use is prohibited on the first floor on Oak Street and First Street within the first 65 feet of the first floor as measured perpendicular to the street frontage. Body Art establishments may be permitted on the 2nd floor of these streets and outside of the first 65 feet if permitted within the Zone. All Body Art establishments, including Body Art practiced as an incidental use to a permitted use, are subject to a Downtown Body Art license. "Personal services" means a use that provides individual services generally related to personal, non-medical needs, including, but not limited to: barbers; beauty salons; day spas; holistic healing centers; nail salons; hair removal and/or replacement; massage establishments; acupressure services; tanning; seamstress; tailor; shoe repair; dry cleaning agency (excluding dry cleaning plants); and other services of a similar nature. Accessory retail sales of related products may also be sold.

LOCATION REQUIREMENTS
Using the above-mentioned definitions, amendments to the DSP have been drafted to allow Body Art establishments with Downtown Body Art license (limited to a total of four) in the Downtown Core, Downtown General, Downtown Boulevard, and Western Downtown Gateway Districts. It will continue to be prohibited in the Brentwood Civic Center, Civic Core, and Residential Neighborhood Districts. In the Districts where it is permitted, Body Art would be allowed subject to a Downtown Body Art license except for the first floor on Oak Street or First Street within the first 65 feet of the first floor as measured perpendicular to the street frontage. Body Art establishments could be permitted on the 2nd floor of these streets and outside of the first 65 feet subject to a Downtown Body Art license. The map included in Figure 1 shows in hashed-red where Body Art facilities are not permitted within the District all together or on the first floor along Oak Street and First Street. In all other areas Body Art Establishments may be permitted subject to the requirements of the Downtown Body Art license.

CITY COUNCIL AGENDA ITEM NO. F.2
10/13/2026
Figure 1 – Downtown Specific Plan Land Use Map

BODY ART LICENSE/FEE
An amendment to the Brentwood Municipal Code will be presented to the City Council on November 10, 2026 that will establish the Downtown Body Art license and fee.

This new license will run with the business or operator and not run with the land. A license would be reviewed and renewed on annual basis based on set standards (linked to public health and safety and operational characteristics) and would be more easily revoked in cases where an operator violates any of the requirements, conditions, or prohibitions of the permit. Existing businesses in the Downtown that currently maintain a County Health Department permit (currently two) would be allowed to apply for a Downtown Body Art License first. This could allow 30-days to apply for a License prior to the license being opened up for additional applications not currently operating in the City who would be reviewed on a first-come, first serve application period. Based on City Council direction, a numeric cap on the number Downtown Body Art licenses to be issued in the DSP would be set at four (4) total licenses (to include two existing facilities and two new facilities), subject to locational restrictions. This numeric cap has been included in the draft amendment language within the DSP.

CITY COUNCIL AGENDA ITEM NO. F.2
10/13/2026

CONCLUSION
The amendments allow Body Art establishments in appropriate portions of the Downtown while distinguishing the use from other personal service uses and establishing specific locational standards within the Downtown. Body Art establishments are customer-facing businesses that can contribute to the variety of services available in Downtown and provide an additional reason for residents and visitors to patronize Downtown businesses.

At the same time, the amendments recognize that the City's objective is not simply to maximize the number of individual businesses, but to maintain a diverse and balanced mix of uses that supports the Downtown's established pedestrian-oriented function. Accordingly, the amendments prohibit Body Art establishments within the first 65 feet of the first floor along Oak Street and First Street, consistent with the existing Retail Required Zone framework of the Downtown Specific Plan, while allowing Body Art establishments in other portions of the Downtown. This approach preserves the City's ability to maintain pedestrian-oriented storefront activity along its principal shopping streets while still providing opportunities for Body Art businesses to operate within the Downtown.

The Downtown is a distinct commercial district with a particular economic development function, pedestrian environment, business mix, and community character. It can be reasonably found that certain land uses, such as Body Art establishments, should be limited within the Downtown in order to preserve and strengthen the Downtown's economic vitality and its intended role as one of the City's primary destinations for retail, dining, entertainment, civic, cultural, and pedestrianoriented activities; therefore, the City Council may consider regulating them accordingly. As drafted, the proposed amendments narrowly tailor content-neutral regulations without reference to the content of tattooing or Body Art, to serve the City's significant interests in maintaining an active pedestrian-oriented commercial environment and protecting the economic vitality and distinctive character of the Downtown, while leaving open alternative locations for tattoo establishments and the expressive activity of tattooing.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. F.2
10/13/2026

PREVIOUS ACTIONS
Previous actions taken by the City Council are included in Attachment 1.

DATE OF NOTICE
The City of Brentwood published a notice of public hearing in the Brentwood Press on October 2, 2026.

ENVIRONMENTAL DETERMINATION
The amendment is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment, as more fully analyzed in the draft City Council Resolution, included as Attachment 2.

ALTERNATIVE OPTIONS

1. Approve the draft Resolution but modify it in one or more ways to address any concerns.

2. Accept the Planning Commission’s recommendation and do not approve the Resolution amending the DSP. This would maintain the status quo (i.e., tattoo parlors would continue to be prohibited within the DSP).

ATTACHMENT(S)

1. Previous Action

2. SPA25-001 Draft Resolution

3. Downtown Specific Plan Excerpt Redline

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

On November 16, 2005, the City Council adopted Resolution No. 2005-276 adopting the Downtown Specific Plan (GPA 05-05).

On August 26, 2008, the City Council adopted Resolution No. 2008-222 amending the Downtown Specific Plan (GPA 07-02) to add the Brentwood Civic Center District Zone to accommodate the Civic Center project.

On June 24, 2014, the City Council adopted Resolution No. 2014-95 amending the Downtown Specific Plan (GPA 14-001) to address technical amendments and land use policies such as applicability, signage, use categories, and prohibited uses or uses of particular concern.

On September 13, 2016, the City Council adopted Resolution No. 2016-126 amending the Downtown Specific Plan (GPA 16-001) to modify the development standards within the Civic Core District Zone to accommodate the Brentwood library project.

On September 26, 2017, the City Council adopted Resolution No. 2017-132 amending the Downtown Specific Plan (GPA 17-003) to temporarily suspend the in-lieu parking fee and parking requirements for non-residential projects, as well as a technical clean-up of the development regulations associated with the Civic Core District Zone.

On January 28, 2025, the City Council considered a future agenda item request from Vice Mayor Pierson and Council Member Oerlemans to study the possibility of amending the Downtown Specific Plan for the purpose of allowing tattoo studios.

On May 27, 2025, the City Council further considered the future agenda item request that was presented on January 28, 2025. Ultimately, by a 3-2 vote, the City Council directed staff to amend the Downtown Specific Plan to allow tattoo parlors as a permitted use, subject to an Administrative Design Review.

On August 5, 2025, the Planning Commission held a public hearing to consider amending the Downtown Specific Plan. The Planning Commission adopted Resolution No. 25-012 by a 3-2 vote (with Commissioners Johnson and Jones voting no) recommending that the City Council not adopt an ordinance amending the Downtown Specific Plan.

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AN AMENDMENT TO THE DOWNTOWN

SPECIFIC PLAN DEFINING PERSONAL SERVICES AND BODY ART

AS SEPARATE LAND USES AND UPDATING REGULATIONS

APPLICABLE TO THOSE USES
WHEREAS, the City seeks to update the Downtown Specific Plan's classification and regulation of Personal Services and Body Art to allow a broader range of personal service uses to support economic vitality and reflect evolving community preferences; and
WHEREAS, pursuant to Government Code section 65453(a), a specific plan may be adopted by resolution or ordinance and is amended in the same manner as a general plan; and
WHEREAS, the Ninth Circuit Court of Appeals has held that tattooing is “purely expressive activity fully protected by the First Amendment.” (Anderson v. City of Hermosa Beach (9th Cir. 2010) 621 F.3d 1051, 1060); and WHEREAS, tattoo parlors are currently identified as prohibited uses within the Downtown Specific Plan (“DSP”); and
WHEREAS, on May 27, 2025, the Brentwood City Council directed staff to prepare an amendment to the DSP to allow tattoo parlors as a permitted use, subject to Administrative Design Review and compliance with applicable provisions of the California Safe Body Art Act (California Health and Safety Code section 119300, et seq.); and
WHEREAS, on August 5, 2025, the Planning Commission held a duly noticed public hearing and adopted Resolution No. 2025-012 recommending that the City Council not adopt the proposed amendments; and
WHEREAS, the City Council held a duly noticed public hearing on July 28, 2026, to consider the proposed amendments including: (1) the public testimony and agenda reports prepared in connection with the amendments, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission. After deliberation, the City Council directed staff to return with additional information for further discussion; and
WHEREAS, on September 8, 2026, the City Council provided further direction to staff to revise the previously drafted amendments to the DSP to to classify Personal Services and Body Art as separate land uses; establish locational standards for Body Art; require a Downtown Body Art License; and limit the number of active Body Art establishments within the Downtown; and

WHEREAS, on October 13, 2026, the City Council held a duly-noticed public hearing to consider the Resolution, including: (1) the public testimony and agenda reports prepared in connection with the Resolution, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Resolution have occurred; and
WHEREAS, the proposed amendments are consistent with the Brentwood General Plan and are not contrary to the public interest, health, safety, convenience, or welfare; and
WHEREAS, the proposed amendments are exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15061(b)(3) of the CEQA Guidelines for the reasons set forth in Section 4 of this Resolution.

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

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

SECTION 2. Amendment. Pages 60 through 92 of the DSP are hereby amended as shown in Exhibit “A,” attached hereto and incorporated herein by reference. Revisions to existing text are redlined, and reflected in strikethrough for deletions and underline for additions.

SECTION 3. Findings. The City Council finds the above amendments are in the public interest and consistent with the goals, policies, and objectives of the General Plan and Downtown Specific Plan.

Brentwood Municipal Code section 17.870.008 provides:

No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision the planning commission and council shall consider the consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.

The City Council finds that the amendments are consistent with the General Plan and applicable City plans and further the City's established objectives for economic development, a diverse commercial environment, and a vibrant, pedestrian-oriented Downtown.

Specifically, the amendments are consistent with the General Plan, including the following policies:

 Policy ED 2-1: Attract targeted commercial, industrial, and office development while encouraging a diversity of employment opportunities including jobs in agriculture, retail, professional services, manufacturing, and skilled trades.

The Resolution supports this policy by establishing a clear and appropriate regulatory framework for Body Art establishments as a distinct commercial land use. Body Art establishments are businesses that provide specialized personal services and are commonly operated by trained and licensed practitioners and subject to applicable state and local public health requirements. Allowing Body Art establishments in designated Downtown locations, while establishing reasonable locational and operational regulations, expands the range of businesses that may locate in the Downtown and supports opportunities for small-business ownership and entrepreneurship.

The amendments require a Downtown Body Art License to establish the permitted locations and define a maximum number of active Body Art establishments. A separate implementing ordinance will establish the standards and procedures governing issuance, renewal, suspension, and revocation of the license. This approach allows the City to recognize Body Art as a legitimate commercial use while maintaining appropriate oversight of the number and location of such establishments. The amendments encourage economic diversity and additional opportunities for employment and small-business activity consistent with Policy ED 2-

1.  Policy ED 4-2: Prioritize a diversity of retail and resident-oriented service uses to facilitate pedestrian storefront shopping in the Downtown.

The amendments support this policy by allowing Body Art establishments in appropriate portions of the Downtown while distinguishing the use from other personal service uses and establishing specific locational standards within the Downtown Core. Body Art establishments are customer-facing businesses that can contribute to the variety of services available in Downtown and provide an additional reason for residents and visitors to patronize Downtown businesses.

At the same time, the amendments recognize that the City's objective is not simply to maximize the number of individual businesses, but to maintain a diverse and balanced mix of uses that supports the Downtown's established pedestrian-oriented function. The amendments prohibit Body Art establishments within the first 65 feet of the first floor along Oak Street and First Street, consistent with the existing Retail Required Zone framework of the Downtown Specific Plan, while allowing Body Art establishments in other portions of the Downtown. This approach preserves the City's ability to maintain pedestrian-oriented storefront activity along its principal shopping streets while still

providing opportunities for Body Art businesses to operate within the Downtown.

The amendments are consistent with the Downtown Specific Plan, including the following policy:
 1.2(c) Critical Mass. Promote the development of the greater Downtown as the most mixed-use and vibrant district in the City. Increase opportunities to attract people to Downtown, whether it be as their place of residence, place of work, place for shopping and entertainment, or simply as a central place to gather and to enjoy meeting and interacting with fellow members of the Brentwood community.

The Resolution and amendments advance this policy by expanding the range of commercial services that may be provided within the Downtown while establishing regulations intended to preserve the character and function of the City's most pedestrian-oriented areas.

The Downtown Specific Plan identifies the Downtown Core as a distinct commercial and pedestrian-oriented district and describes Oak Street as the Downtown's primary shopping street and the intersection of Oak Street and First Street as the Downtown's most vibrant intersection. The Specific Plan also identifies portions of First Street as important pedestrian shopping environments. The amendments recognize these existing Downtown Specific Plan objectives by allowing Body Art establishments throughout appropriate portions of the Downtown while prohibiting their location within the first 65 feet of the first floor along Oak Street and First Street.

The 65-foot limitation is consistent with the Downtown Specific Plan's existing Retail Required Zone, which reserves the first 65 feet measured perpendicular to the street frontage for retail and pedestrian-oriented businesses and limits certain uses, including professional offices, from occupying that frontage. The amendments therefore utilize an existing Downtown Specific Plan framework and measurement rather than creating an unrelated or arbitrary geographic restriction.

The amendments further require an administrative Body Art license and a maximum of four Downtown Body Art establishments. This allows the City to recognize Body Art as a permitted activity while providing an appropriate mechanism to regulate the number, location, and ongoing operation of establishments. The amendments therefore help protect the economic vitality, pedestrian-oriented character, and the distinctive commercial function of the Downtown.

The amendments also avoid unnecessarily affecting existing personal service businesses. Rather than applying the new restrictions broadly to all personal service uses, the amendments distinguish Body Art as a

separate land use. This approach preserves existing personal service businesses while directly addressing body art establishments.

The City Council further finds that the amendments are not contrary to the public interest because they establish a reasonable balance between allowing Body Art businesses to participate in the Downtown commercial environment and protecting the established pedestrian-oriented character, economic vitality, and distinctive commercial function of the Downtown Core. The amendments do not prohibit Body Art throughout the Downtown; rather, they establish reasonable limits on location and number while providing a defined administrative process through which eligible establishments may operate. The City Council therefore finds that the amendments are consistent with the General Plan, the Downtown Specific Plan, and other applicable City plans, and that the amendments are appropriate and in the public interest.

SECTION 4. CEQA. This Resolution is exempt from CEQA Guidelines under Section 15061(b)(3), the “common sense” exemption, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

In making this finding, the City has considered both the nature of the proposed resolution and the factual setting in which it applies. The Resolution amends the Downtown Specific Plan to establish Body Art as a distinct land use, remove the existing prohibition on tattoo parlors in designated districts, establish where Body Art establishments may locate within the Downtown, and require a Downtown Body Art License and limit the number of active Downtown Body Art establishments to four.

The amendments are regulatory in nature and do not approve or entitle any particular development project, construction activity, building expansion, or change in allowable residential density.

The amendments do not authorize a new category of intensive development or establish development standards that would facilitate physical development that is not otherwise contemplated by the Downtown Specific Plan. Rather, the amendments establish the regulatory framework under which a limited number of Body Art establishments may operate within existing Downtown commercial areas.

Body Art establishments would be located within existing commercial districts and, under the amendments, would remain subject to applicable building, fire, health, business licensing, and other regulatory requirements.

In addition, Body Art establishments are subject to the California Safe Body Art Act (Health and Safety Code Section 119300 et seq.), which establishes requirements governing body art practitioners and facilities and is administered locally by the Contra Costa County Health Department. The County's regulatory program addresses health and sanitation requirements applicable to Body Art operations, while the City's regulations address land use and location.

Accordingly, it can be seen with certainty that this Resolution will not result in a significant effect on the environment, and is therefore properly exempt under CEQA Guidelines section 15061(b)(3).

SECTION 5. Effective Date. This resolution shall become effective immediately upon its passage and adoption. The amendments to the Downtown Specific Plan approved by Section 2 shall become operative on the effective date of the ordinance establishing the Downtown Body Art License.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of October 2026 by the following vote:

BOOK II – DEVELOPMENT REGULATIONS
Downtown Specific Plan Page 60
This section contains the Development Regulations that govern all future development actions in the Downtown Specific Plan (DSP) area. These design standards and guidelines will be used to evaluate development projects or improvement plans proposed for properties within the DSP area, along with other applicable regulations and guidelines including, but not limited to, the Brentwood Municipal Code (BMC), adopted Design Guidelines for Commercial and Residential projects, and Standard Plans and Specifications.

2.1. ORIENTATION

2.1.1. Applicability
a) The policies contained within this section shall apply to businesses and new construction and/or signification additions or renovations to existing structures.

Nothing contained in this section shall require any change in any existing building or structure or approved additions or renovations for which a building permit has been previously issued.
b) The approving body of the entitlement being requested may permit minor deviations from the DSP provisions as part of its approval of a particular development application without requiring an amendment to the DSP, provided that the project is consistent with the stated intent of the DSP and the City’s General Plan. More substantive amendments to DSP provisions may be requested by an applicant or property owner or may be initiated by the City. Substantive DSP amendments shall be processed in accordance with City ordinances, and all such amendments will be presented for City Council review at a public hearing. The process for amending the DSP is similar to that of a General Plan amendment. The Community Development Director shall make the determination whether a proposed change is a minor deviation or a substantive DSP amendment.
c) Development regulations established in this Plan:
1) Address those aspects of development that are essential to achieve the goals of the DSP. They include specifications for site development and building design, such as permitted land uses, building height, and setbacks. Conformance with Development Standards is mandatory. Building design is evaluated for conformance to the City’s adopted Residential and Commercial and Industrial Design Guidelines along with any DSP regulations.
d) Existing Legal Nonconforming Buildings and Structures as of the date of original DSP adoption, November 16, 2005.
1) Normal and routine maintenance of any existing building and structure for the purpose of preserving its existing condition, retarding or eliminating wear and tear or physical depreciation, or complying with the requirements of law, shall be permitted.
2) Exterior improvements and renovations and/or structural additions to existing buildings that increase non-conformities are not permitted, except as specified below:

BOOK II – DEVELOPMENT REGULATIONS
Downtown Specific Plan Page 61
i) Building additions greater than 5% of the gross floor area of an existing building shall only be permitted for a conforming use and shall be designed to bring the building into compliance with the policies of the DSP. ii) Significant exterior alterations or change in exterior façade or architectural design shall be permitted only if the proposed change brings the building into compliance with the intent of the DSP.
iii) One time only building additions less than 5% of the gross floor area of an existing building and minor exterior changes using materials similar to the existing building materials shall be permitted but shall be designed so as to not increase the nonconformity to the intent of the DSP. iv) A residential structure used for a residential land use shall be permitted to add non-conditioned accessory structures and outdoor amenities consistent with Section 17.660 of the BMC.
e) Existing Legal Nonconforming Land Uses as of the date of original DSP adoption, November 16, 2005.
1) A nonconforming use is a use which existed legally under the provisions of its zoning classification prior to the original effective date of the DSP which rendered such use not in conformance. A nonconforming land use existing as of the original effective date of the DSP, November 16, 2005, may be continued indefinitely.
2) Change. Except as provided herein, a nonconforming use shall not be changed to or replaced by any use except a conforming use. However, a nonconforming land use may be changed to or replaced by a same or very similar nonconforming use when all of the following criteria are met:
i) The change or replacement does not increase the extent or intensity of the nonconformity or the site area or floor area occupied by the nonconforming use on the site.
ii) The change or replacement is consistent with the intent of the DSP. iii) The change or replacement of a nonconforming use by another nonconforming use shall be permitted only if the building or portion of a building presently occupied by the nonconforming use is not reasonably capable of conversion to accommodate use and occupancy by a conforming use, without substantial reconstruction or remodeling as determined by the Chief Building Official.
iv) The nonconforming use has not been discontinued for more than six months. 3) A nonconforming use which is changed to or replaced by a conforming use shall not be reestablished, and any portion of a site or any portion of a building, the use of which changes from a nonconforming to conforming use, shall not thereafter be used except to accommodate a conforming use.

BOOK II – DEVELOPMENT REGULATIONS
Downtown Specific Plan Page 62
f) Discontinuance. Any site that experiences a period of temporary vacancy for a period of six months or longer for any reason including its destruction whether voluntary or by accident, or a nonconforming use that is discontinued or otherwise ceases operations and use of the site for a period of six months or longer, shall not be resumed, reestablished or continued unless in conformance with the Development Regulations in the DSP. Additionally, all signage associated with the discontinued or nonconforming use shall be removed within six months of discontinuance.

g) Expansion. A nonconforming land use which occupies a portion of a building, may be expanded to include additional floor area within the same building provided that:
1) Without substantial remodeling or reconstruction, the portion of the building into which expansion is proposed is not reasonably suitable for use or occupancy by a conforming use, which determination shall be made by the Chief Building Official who shall take into consideration whether any required remodeling or reconstruction would involve structural alterations.
2) Office uses shall not be permitted to expand into the Retail Required Zone. h) All new residential units in the DSP area are exempt from the City’s Residential Growth Management Program. However, these units shall be subtracted from the annual allocations.

2.1.2. Overview of the Development Regulations
The Development Regulations in this document are applied to those properties within the DSP area as indicated on the Downtown District Zones map (2.2.1.). Projects must meet all development standards in order to receive approval in the development review process. In addition, projects will be reviewed concurrently with and are encouraged to adhere to the recommendations contained within the Design Guidelines for Commercial Projects or Design Guidelines for Residential Projects as appropriate, and projects that conform to these recommendations will meet with quick approval through the design review process. a) Site Development Standards are organized by District Zones and govern the disposition and development of each property or lot. These Standards set forth permitted, conditionally permitted, and prohibited use categories for each District Zone. They also contain the majority of the provisions that regulate the scale of the building envelope; e.g., minimum and maximum building height, setbacks, and frontage coverage policies.
b) Street and Open Space Standards and Guidelines are governed by the City’s Standard Plans and Specifications and adopted design guidelines. c) Parking Standards and Guidelines are also organized by use categories, and set forth minimum parking requirements to ensure that new development provides convenient parking as well as specifying design requirements for parking facilities to ensure that new development contributes to an enhanced pedestrian environment. d) Architectural Standards and Guidelines are intended to demonstrate the styles of construction that have been envisioned within the DSP.

BOOK II – DEVELOPMENT REGULATIONS
Downtown Specific Plan Page 63

2.1.3. How to use the Development Regulations
Any applications proposing new construction or modifications to existing buildings are subject to the Development Regulations contained in the DSP. In order to review the Development Regulations for a specific property, locate the property in question on the Downtown District Zones Map located in section 2.2.1. Note which District Zone the property falls within. Turn to the Site Development Standards in section 2.2 and review the requirements for that District Zone.
a) For Site Development Standards governing land use and building envelope locate the property in question on the Downtown District Zones Map located in Section

2.2.1. Note which District Zone the property falls within. Turn to the District Zones in section 2.2.1 and review the requirements for that District Zone. District Zones govern the disposition and development of each property or lot. These Standards set forth permitted, conditionally permitted, and prohibited use categories for each District Zone. They also contain the provisions that regulate the scale of the building envelope; e.g. minimum and maximum building height, setbacks, and frontage coverage policies.
b) For Street and Open Space Standards and Guidelines, locate the Engineering Standard Plans and Specifications on the City’s website for street standards and review the City’s adopted Design Guidelines for open space requirements and review these standards in relation to the type of development proposed. c) For Parking Standards and Guidelines, locate the proposed use category on the Parking Requirement Chart located in section 2.4 and review the applicable requirements for the provision of parking. Then, review the standards (2.4.2) and guidelines (2.4.3) governing the design of parking and site access. d) For Architectural Standards and Guidelines covering the design of new and improved structures, first locate the District Zone in section 2.2.1 to view the development regulations. Then review the architectural styles recommended for commercial and residential development in section 2.5.2
All other development regulations, including, but not limited to, street design, parking standards, architectural design, landscaping and open space guidelines are contained within the City’s municipal code, approved Design Guidelines, and/or Standard Plans and Specifications.

2.1.4. How to obtain Project Approval
a) All new businesses, new residences, new construction and modifications to existing buildings shall be reviewed for conformance with the Development Regulations of the DSP. To obtain project approval, proposals must conform to the Site Development Standards for the District Zone in which the subject property is located and proposals must comply with all other applicable City codes, regulations and policies.
b) Entitlement Process. Within the DSP project area, the City shall review proposed development projects for compliance with the DSP, BMC, and California Environmental Quality Act requirements, as well as all other applicable policies,

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c) regulations and guidelines. As outlined below, the DSP allows for an administrative, or staff-level, Design Review process for projects that meet the DSP’s purpose and intent and development provisions and are minor in nature. In other words, the DSP allows staff to make a final consistency determination on many development or improvement projects in order to streamline and simplify the approval process. This approach is designed to encourage the permitted and conditionally permitted uses to stay in or move into Downtown, as well as highquality and innovative design that will enhance the residential neighborhoods and commercial core. Similar to the BMC, the DSP identifies permitted uses, development standards, design guidelines and other supporting regulatory provisions. More detailed information on how a proposed project can be processed should be obtained from the Brentwood Planning Division. c) Land Use Consistency. The Planning Division shall review the proposed use and respond to the applicant whether the use is consistent with the General Plan, DSP, and BMC, as well as other applicable requirements, and if not, provide the reasons for the determination of inconsistency. If the proposed use requires a conditional use permit or Downtown Body Art license, staff will provide the applicant with the necessary application and submittal requirements for the applicant to begin the process.
d) Downtown Body Art License. In order to approve a Downtown Body Art License, the Planning Division must be able to make the findings in accordance with the BMC. A total of four Body Art Licenses may be issued within the Downtown. e) Conditional Use Permit. In order to approve a conditional use permit, the Planning Commission must be able to make the following findings in accordance with the BMC:
1) The location, size, design and operating characteristics of the proposed development must be compatible with and must not adversely affect the livability of appropriate development of abutting properties and the surrounding neighborhood. Consideration shall be given, but shall not be limited to:
i) Harmony in scale, bulk, coverage and density;
ii) The availability of public facilities and utilities; iii) The harmful effect, if any, upon desirable neighborhood character or the planned specialization of retail, commercial or community service areas; iv) Generation of traffic and the capacity of surrounding streets; v) Any other relevant impact of the development;
vi) The criteria set forth in Chapter 17.820 for design and site development review if applicable.

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2) The location, design, landscaping and screening, and overall site planning of the proposed development will provide an attractive, useful and convenient living, working, shopping or community-service area.

Conditional use permits are reviewed and approved by the City’s Planning Commission. Its action may be appealed to the City Council. f) Design Review Process. Any actions proposing physical changes to any parcel of land or existing structure or the proposed construction of new structures, shall be subject to Design Review and shall be reviewed for consistency with all applicable DSP and General Plan provisions, and applicable City ordinances, standards and guidelines. A final Design Review determination shall be made prior to issuance of any building, grading or development permit, or other ministerial approval.

Design Review will be accomplished in one of the following ways:
1) Applications for Administrative Approval: Exterior building modifications (including painting, new windows, etc.), signs, additions to existing structures up to 5,000 sq. ft. in size, new residential projects providing four units or less and minor site improvements shall require an application for Administrative Design Review and shall be reviewed and approved by staff, if found to be consistent with the purposes and requirements of the DSP. Once deemed complete, an application for Administrative Design Review typically requires a processing time of two to four weeks.
2) Applications for Planning Commission Approval: New commercial, retail or office structures or additions of 5,000 square feet or more, new residential projects providing five or more new residential units, major site improvements, and projects associated with another discretionary application (e.g. a Development Agreement, Conditional Use Permit, Variance, Tentative Subdivision Map, or Disposition and Development Agreement) shall be reviewed by the Planning Commission and/or City Council as required by the BMC. Once deemed complete, an application for Planning Commission Design Review typically requires a processing time of four to twelve weeks.

2.2. SITE DEVELOPMENT STANDARDS
Site Development Standards are organized by District Zones and govern the disposition and development of each property.

2.2.1. District Zones
To insure that individual private actions contribute properly to the development of the larger district, the following District Zones are established as the basic organizing principle of the regulations contained in this section (see Downtown District Zones map that follows):
a) Brentwood Civic Center – designated parcels having frontage on the west side of Oak Street between Second Street and just north of Third Street and along Second Street between Maple Street and Oak Street.

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b) Downtown Core – designated parcels having frontage on First Street between Chestnut and Maple Streets, on Oak Street between Brentwood Boulevard and Second Street, and on Second Street between Oak and Maple Streets. c) Civic Core – designated parcels having frontage on Oak Street between Second and Fourth Streets, on Third Street along City Park, and on Maple Street along City Park. d) Downtown General – designated parcels having frontage on First and Second Streets between Maple and Pine Streets.
e) Downtown Boulevard – designated parcels having frontage on Brentwood Boulevard throughout the DSP project area, on Pine Street between Brentwood and Diablo Way, on Birch Street between Brentwood and Diablo Way, on Elm Street between Brentwood and Diablo Way, on Peachtree Court between Brentwood and Diablo Way, and on Fir Street between Brentwood and Diablo Way. f) Western Gateway Neighborhood – designated parcels having frontage on Walnut Boulevard within the DSP project area.
g) Residential Neighborhood – designated parcels having frontage on Second Street between Oak and Chestnut Streets, on Chestnut Street between Second Street and Midway, on First Street between Chestnut Street and Birch Street, and on Birch Street between First Street and Diablo Way.

Downtown Specific Plan Page 67
BOOK II – DEVELOPMENT REGULATIONS

2.2.2 Downtown District Zones Map

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2.2.3 Use Categories
For the purposes of this Plan, all permitted, conditionally permitted, and prohibited uses have been classified into use categories. These categories are described below. In addition to permitted, conditionally permitted and prohibited uses for each category, other aspects of their development such as size and location are also addressed. Permitted uses are permitted by right. Conditionally permitted uses are defined as those which require special consideration either of their impacts on the neighborhood and land uses in the vicinity and/or of their physical organization and design. All permitted uses are allowed either alone or in combination with any other permitted use within a single building or property within the specified District Zone.

Conditionally permitted uses shall be considered for approval by the Planning Commission and/or City Council if the proposed use conforms with the goals and vision of the DSP as set forth in Section I and if the required findings can be made in accordance with the BMC.

Prohibited uses are not allowed in the District Zone.

Residential land uses are described as follows:
a) Upper Floor Residential
1) The following uses are permitted: Any type of residential units located over other uses, including retail and office.
2) The following special condition applies: Only the entrances to an upper floor unit are allowed to be located on the ground level.
b) Live-Work
1) The following uses are permitted:
i) Residential living space that also includes an integrated work space principally used by one or more residents.
ii) Work activity is limited to business (primarily office), the making of arts and crafts, including painting, graphic production, photography, print, ceramics, sculpture, needlework, tapestry making, pottery making, hand weaving and other activities compatible with residential use. Activities that require hazardous assembly, including fabrication, manufacturing, repair or processing operations such as welding and woodworking (with more than three fixed pieces of equipment) shall require a conditional use permit. iii) Permitted work activities shall be classified as a business and shall be subject to all applicable City, County and State regulations. 2) The following special conditions apply:
i) The maximum number of employees not including the owner/occupant is limited to two.

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ii) Once established, Live-Work units may not be converted to a solely commercial or business use. However, Live-Work units may revert to solely residential use.
c) Stacked Units
1) The following use is permitted: An attached building designed as a residence for multiple households, including any dwelling unit that share one or more party walls with adjacent dwelling units, where some units are located over other units. d) Attached Single-Family Homes
1) The following use is permitted: An attached building designed as a residence for multiple households, including any dwelling unit that share one or more party walls with adjacent dwelling units, where no unit is located over another unit such as a duplex, triplex, quadplex, or rowhouse.
e) Detached Single-Family Homes
1) The following use is permitted: A detached building designed as a residence for one household.

Specified Commercial land uses are described as follows:
“Body Art” is defined as body piercing, tattooing, branding, or application of permanent cosmetics (HSC § 119301). Body Art as the primary business or incidental to a permitted use is prohibited on the first floor on Oak Street and First Street within the first 65 feet of the first floor as measured perpendicular to the street frontage. Body Art establishments may be permitted on the 2nd floor of these streets and outside of the first 65 feet if permitted within the Zone. All Body Art establishments, including Body Art practiced as an incidental use to a permitted use, are subject to a Downtown Body Art license. "Personal services" is defined as a use that provides individual services generally related to personal, non-medical needs, including, but not limited to: barbers; beauty salons; day spas; holistic healing centers; nail salons; hair removal and/or replacement; massage establishments; acupressure services; tanning; seamstress; tailor; shoe repair; dry cleaning agency (excluding dry cleaning plants); and other services of a similar nature. Accessory retail sales of related products is also permitted.

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2.2.4 District Zones
Permitted Uses:
a) Civic and Cultural uses including cultural and entertainment facilities such as community theaters, performing arts centers, museums, and auditoriums, city halls and city council chambers; libraries, public recreation facilities; community centers, senior centers, and teen centers; social service facilities; transit facilities, terminals and stations; public parking garages; public parks.
b) Similar uses subject to the approval of the zoning administrator.

Conditionally Permitted Uses:
a) Uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

Prohibited Uses:

Massage uses, unless providers are certified pursuant to Chapter 10.5 of the Business & Professions Code, ss 4612(a)(4); body art and tattoo parlors; check cashing stores; thrift stores; pawn shops and gold/metal exchange services; internet cafes; drive-up and drive-thru uses; adult-oriented businesses; health clinics and hospitals; large retail uses over 75,000 square feet, warehouse and superstores; rental vehicle storage; industrial uses and services; lumber yards.

Regulations for lot area, density, yards, height and related matters:

All Uses
Minimum Lot Size: 4,000
Minimum Height: Not Applicable
Maximum Height: 68 feet
Minimum Private Frontage: 20 feet
Front Setback: 0 feet; Buildings along Second Street shall be allowed to have roof eaves encroach into the public right-of-way a maximum distance of 6 feet.

Side Setbacks: 25 feet minimum
Rear Setback: 25 feet minimum
Mid-Block Alley Setback: N/A
Railroad R.O.W. Setback: N/A
Frontage Coverage: Not Required
Build to Corner: Not Required
Maximum Building Length: N/A
Frontage Space Between Buildings: N/A
Maximum Block Size: N/A

BRENTWOOD CIVIC CENTER

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The Downtown Core district zone includes many properties which are located within a Retail Required Zone, which mandates that the first 65 feet as measured perpendicular to the street frontage be reserved for retail uses. The properties affected by this restriction are designated on the Downtown District Zones Map, section 2.2.1.

Permitted Uses:
a) Retail sales and services including:

1) Specialty food retail, including the following and similar specialty foods:
chocolate/candy; general gourmet; ice cream; pastry/desserts; yogurt/dairy; doughnuts/bakery; wine shops and wine tasting and similar specialty foods. 2) Specialty goods retail, including the following and similar specialty goods uses:
cooking supplies/culinary; general housewares; decorator/arts and design centers; specialty hardware; antique stores selling high-quality used goods (this category excludes thrift and second hand stores); party supplies; lamps/lighting; household accessories; books/magazines/stationery; music/instruments. 3) Goods and services, including the following and similar uses: small crafts, specialty furniture; clothing/shoe stores; stereo/video or computers; cameras/photography; sporting goods; bicycle shops; outdoor/sports clothing and supplies; toys/games; cards/gifts; jewelry; watches/clocks/plants; beauty/cosmetics; flowers.
b) Eating and drinking establishments including the following uses:
1) Restaurants serving alcoholic beverages or providing entertainment, provided this activity is clearly ancillary to food service. If alcoholic beverages are served after 10:00 p.m. a Conditional Use Permit shall be required. 2) Beverage vendors serving coffee, smoothies, juices, and other non-alcoholic beverages.
3) Chairs and tables for outdoor dining and carts for merchant display may be permitted in the public right-of-way (i.e., in sidewalk areas) provided that:
i) The use maintains a minimum four-foot wide unobstructed portion of sidewalk corridor adjacent to the building which is clear and unimpeded for pedestrian traffic.
ii) The use keeps the full width of the building entrance clear and unimpeded for building access.
c) Entertainment and recreation uses, including the following:
1) Movie theaters and private performing arts theaters.

DOWNTOWN CORE

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2) Music venues, dance halls, billiard rooms not serving alcoholic beverages, or those serving alcoholic beverages up until 10:00 p.m., provided this activity is clearly ancillary to food service.
d) Banks and financial institutions, excluding check-cashing stores. e) Business services, excluding sales and storage of heavy equipment – including businesses that generate a significant amount of foot traffic, such as computer and office supply, photocopy shops, photo finishers, and print shops. f) Personal services. – especially those types of services not particularly neighborhoodoriented including the following and similar services: photographer; hair and nail salons, beauty or barber shops, shoe repair.
g) Parking lots and garages.
h) Civic and cultural uses including cultural and entertainment facilities such as community theaters, performing arts centers, museums, and auditoriums, city halls and city council chambers; libraries, public recreation facilities; community centers, senior centers, and teen centers; social service facilities; fire stations, and public parking garages are permitted inside or outside of the 65 foot retail area. h)i) Body Art.
i)j) Similar uses subject to the approval of the zoning administrator.

Permitted Uses on Upper Floors Only:
a) Office uses including business, professional and government offices; medical and dental offices; real estate and general finance offices; veterinary clinics; data/telecommunication offices; educational and instructional facilities; exhibition, convention or other commercial assembly facilities.
b) Lodging uses including hostels; hotels, motels and inns; bed and breakfasts. c) Residential including any type of residential unit located over other uses, including retail and office and provided only the entrance to an upper floor unit is allowed to be located on the ground floor.
d) Health and exercise clubs.
e) Similar uses subject to the approval of the zoning administrator.

Conditionally Permitted Uses:
a) Bars and nightclubs.
b) Alcoholic beverage sales after 10:00 p.m. – both on-site and off-site. c) Health and exercise clubs on ground level.

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d) Office uses on ground floors outside of the 65 ft. main street retail area including business, professional and government offices; medical and dental offices; real estate and general finance offices; veterinary clinics; data/telecommunication offices; educational and instructional facilities; exhibition, convention or other commercial assembly facilities.
e) Civic and cultural uses on ground floors outside of the 65 foot retail area including cultural and entertainment facilities such as community theaters, performing arts centers, museums, and auditoriums, public recreation facilities; teen centers; social service facilities; fire and police stations, transit facilities, terminals and stations; public parking garages.
f) Lodging uses on ground floors outside of the 65 foot retail area including hostels; hotels, motels and inns; bed and breakfasts.
g) Live-Work Residential on ground floors outside of the 65 foot retail area including living space that also includes an integrated work space principally used by one or more residents where work activity is limited to business (primarily office), the making of arts and crafts, including painting, graphic production, photography, print, ceramics, sculpture, needlework, tapestry making, pottery making, hand weaving and other activities compatible with residential use, provided the maximum number of employees not including the owner/occupant is limited to two and that once established, live-work units may not be converted to a solely commercial or business use, but may revert to solely residential use.
h) Stacked Units on ground floors outside of the 65 foot retail area including an attached building designed as a residence for multiple households, including any dwelling unit that shares one or more party walls with adjacent dwelling units, where some units are located over other units.
i) Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

Prohibited Uses:

Massage uses, unless providers are certified pursuant to Chapter 10.5 of the Business & Professions Code, ss 4612(a)(4); tattoo parlors; check cashing stores; thrift stores; pawn shops and gold/metal exchange services; internet cafes; drive-up and drive-thru uses; adult-oriented businesses; health clinics and hospitals; large retail uses over 75,000 square feet, warehouse and superstores; rental vehicle storage; industrial uses and services; lumber yards.

Regulations for lot area, density, yards, height and related matters:

The Downtown Core requires that all new development build to the corner. The Build-ToCorner requirement specifies that buildings must “hold the corner” of the parcel at the intersection of two streets. The build-to-corner location is defined by the required front and side setback lines. All corner parcels must meet this requirement by siting the building at its street corner.

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The Downtown Core also has several intersections that require corner towers. A corner tower is a particular type of frontage treatment that is required at gateways to the Downtown Core as shown on the District Zones Map with a circle. The corner tower is created by articulating a separate, relatively slender mass of the building, continuing that mass beyond the height of the primary building mass, and providing the top of the mass with a recognizable silhouette. This frontage treatment is intended to provide a distinctive building element in strategic locations to emphasize special locations such as gateways and other places of special significance to the district. The corner tower mass may encroach into the required setback areas but may not encroach into the public right-of-way. Corner tower features may exceed the maximum height of the zone as approved by the Design Review process.

All Uses other than Residential
Minimum Lot Size: 4,000
Maximum building size of 30,000 square feet
Minimum Height: 2 floors and 25 feet
Minimum interior height for ground level of all types is 14 feet from floor to ceiling.

Maximum Height: 48 feet
Minimum Private Frontage: 20 feet
Front Setback: 0 feet maximum
Side Setbacks: 0 feet maximum
Rear Setback: 0 feet maximum
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 100 percent
Build to Corner: Required
Frontage Space Between Buildings: 0 feet maximum
Residential Uses
Upper Floor Residential:

Minimum Lot Size: N/A
Minimum Lot Width: N/A
Minimum Lot Depth: N/A
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet
Side Setbacks: 0 feet
Rear Setback: 0 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 100 percent
Build to Corner: Required
Frontage Space Between Buildings: 0 feet maximum
Live-Work:

Minimum Lot Size: 2500 square feet
Minimum Lot Width: 30 feet
Minimum Lot Depth: 85 feet
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet maximum

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Side Setbacks: 0 feet maximum
Rear Setback: 10 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 100 percent
Build to Corner: Required
Frontage Space Between Buildings: 0 feet maximum
Stacked Units:

Minimum Lot Size: 2500 square feet
Minimum Lot Width: 30 feet
Minimum Lot Depth: 85 feet
Minimum Height: 2 floors and 25 feet
Height: 3 floors and 42 feet
Front Setback: 0 feet maximum
Side Setbacks: 0 feet maximum
Rear Setback: 10 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 100 percent
Build to Corner: Required
Frontage Space Between Buildings: 0 feet maximum

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Permitted Uses:
a) Office uses including business, professional, and government offices; medical and dental offices; real estate and general finance offices; veterinary clinics, excluding kennels; data/telecommunication offices; educational and instructional facilities; exhibition, convention, or other commercial assembly facilities. b) Civic and cultural uses including cultural and entertainment facilities such as community theaters, performing arts centers, museums, and auditoriums, city halls and city council chambers; libraries, public recreation facilities; community centers, senior centers, and teen centers; social service facilities; fire stations, and public parking garages.
c) Upper floor residential including any type of residential unit located over other uses, including retail and office, and provided only the entrance to an upper floor unit is allowed to be located on the ground floor.
d) Similar uses subject to the approval of the zoning administrator.

The following uses are permitted only on the ground floor on Oak Street:
a) Retail sales and services including:
1) Specialty food retail, including the following and similar specialty foods:
chocolate/candy; general gourmet; ice cream; pastry/desserts; yogurt/dairy; doughnuts/bakery; wine shops and wine tasting and similar specialty foods. 2) Specialty goods retail, including the following and similar specialty goods uses:
cooking supplies/culinary; general housewares; decorator/arts and design centers; specialty hardware; antique stores selling high-quality used goods (this category excludes thrift and second hand stores); party supplies; lamps/lighting; household accessories; books/magazines/stationery; music/instruments. 3) Goods and services, including the following and similar uses: small crafts, specialty furniture; clothing/shoe stores; stereo/video or computers; cameras/photography; sporting goods; bicycle shops; outdoor/sports clothing and supplies; toys/games; cards/gifts; jewelry; watches/clocks/plants; beauty/cosmetics; flowers. b) Eating and drinking establishments with or without alcohol sales until 10:00 p.m. including the following uses:
1) Restaurants serving alcoholic beverages or providing entertainment, provided this activity is clearly ancillary to food service. If alcoholic beverages are served after 10:00 p.m. a Conditional Use Permit shall be required.
2) Beverage vendors serving coffee, smoothies, juices, and other non-alcoholic beverages.

CIVIC CORE

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3) Chairs and tables for outdoor dining and carts for merchant display may be permitted in the public right-of-way (i.e., in sidewalk areas) provided that:
i) The use maintains a minimum four-foot wide unobstructed portion of sidewalk corridor adjacent to the building which is clear and unimpeded for pedestrian traffic. ii) The use keeps the full width of the building entrance clear and unimpeded for building access.
c) Entertainment and recreation uses, including the following:
1) Private performing arts theaters.
2) Music venues, dance halls, billiard rooms not serving alcoholic beverages, or those serving alcoholic beverages, provided this activity is clearly ancillary to food service.
d) Banks and financial institutions, excluding check-cashing stores. e) Business services, excluding sales and storage of heavy equipment – businesses that generate a significant amount of foot traffic, such as computer and office supply, photocopy shops, photo finishers, and print shops.
f) Personal services – especially those types of services not particularly neighborhoodoriented – including the following and similar services: photographer; hair and nail salons, beauty or barber shops, shoe repair.
g) Parking lots and garages.
h) Similar uses subject to the approval of the zoning administrator.

Conditionally Permitted Uses:
a) Lodging uses including hostels; hotels, motels, and inns; bed and breakfasts. b) Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

The following uses are conditionally permitted only on the ground floor on Oak Street:
a) Bars and nightclubs.
b) Alcoholic beverage sales after 10:00 p.m. – both on-site and off-site. c) Health and exercise clubs.
d) Other uses that the zoning administrator determines, because of type of operation, material stored or sold, or other special circumstances require special consideration and regulations through the conditional use permit procedure.

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Prohibited Uses:

Massage uses, unless providers are certified pursuant to Chapter 10.5 of the Business & Professions Code, ss 4612(a)(4); body art and tattoo parlors; check cashing stores; thrift stores; pawn shops and gold/metal exchange services; internet cafes; drive-up and drive-thru uses; adult-oriented businesses; health clinics and hospitals; large retail uses over 75,000 square feet, warehouse and superstores; rental vehicle storage; industrial uses and services; lumber yards.

Regulations for lot area, density, yards, height and related matters:

The Civic Core requires that all new development build to the corner. The Build-To-Corner requirement specifies that buildings must “hold the corner” of the parcel at the intersection of two streets. The build-to-corner location is defined by the required front and side setback lines.

All corner parcels must meet this requirement by siting the building at its street corner.

All Uses other than Residential
Minimum Lot Size: 4,000
Minimum Height: N/A
Maximum Height: 68 feet
Front Setback: 0 feet
Side Setbacks: 0 feet minimum
Rear Setback: 10 feet minimum
Mid-Block Alley Setback: N/A
Frontage Coverage: Not required
Build to Corner: Not required
Frontage Space Between Buildings: 0 feet
Buildings along Second Street shall be allowed to have roof eaves encroach into the public right-of-way a maximum distance of 6 feet. Buildings along Third Street shall be allowed to have roof eaves encroach in the public right-of-way a maximum distance of 3 feet.

Upper floor residential uses:

Minimum Lot Size: N/A
Minimum Lot Width: N/A
Minimum Lot Depth: N/A
Minimum Height: 2 floors and 25 feet
Maximum Height: 3 floors and 42 feet
Front Setback: 0 feet maximum
Side Setbacks: 0 feet
Rear Setback: 0 feet
Mid-Block Alley Setback: 5 feet
Frontage Coverage: 100 percent
Build to Corner: Required
Frontage Space Between Buildings: 0 feet maximum

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Permitted Uses:
e) Retail sales and services on the ground floor including:
1) Specialty food retail, including the following and similar specialty foods:
chocolate/candy; general gourmet; ice cream; pastry/desserts; yogurt/dairy; doughnuts/bakery; wine shops and wine tasting and similar specialty foods. 2) Specialty goods retail, including the following and similar specialty goods uses:
cooking supplies/culinary; general housewares; decorator/arts and design centers; specialty hardware; antique stores selling high-quality used goods (this category excludes thrift and second hand stores); party supplies; lamps/lighting; household accessories; books/magazines/stationery; music/instruments. 3) Goods and services, including the following and similar uses: small crafts, specialty furniture; clothing/shoe stores; stereo/video or computers; cameras/photography; sporting goods; bicycle shops; outdoor/sports clothing and supplies; toys/games; cards/gifts; jewelry; watches/clocks/plants; beauty/cosmetics; flowers.
f) Eating and drinking establishments on the ground floor including the following uses:

Restaurants serving alcoholic beverages or providing entertainment, provided this activity is clearly ancillary to food service. If alcoholic beverages are served after 10:00 p.m. a Conditional Use Permit shall be required.
1) Beverage vendors serving coffee, smoothies, juices, and other non-alcoholic beverages.
2) Chairs and tables for outdoor dining and carts for merchant display may be permitted in the public right-of-way (i.e., in sidewalk areas) provided that:
i) The use maintains a minimum four-foot wide unobstructed portion of sidewalk corridor adjacent to the building which is clear and unimpeded for pedestrian traffic.
ii) The use keeps the full width of the building entrance clear and unimpeded for building access.
g) Entertainment and recreation uses on the ground floor including the following:
1) Movie theaters and private performing arts theaters. 2) Music venues, dance halls, billiard rooms not serving alcoholic beverages, or those serving alcoholic beverages up until 10:00 p.m., provided this activity is clearly ancillary to food service.
d) Banks and financial institutions on the ground floor, excluding check-cashing stores.

DOWNTOWN GENERAL