Brentwood City Council
February 13, 2024

FEBRUARY 13, 2024, 7:00 PM

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

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

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

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

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

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

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

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

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

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

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

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

February 13, 2024, 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
Led by Girl Scout Troop 31929
C. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.

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

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

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

D. 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.

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 Minutes of the City Council/Successor Agency meeting of January 23, 2024 E.2 Notice of Completion for work performed by GameTime for the Veterans Park Cable Climber Replacement Project, Capital Improvement Project (CIP) Project No. 352-52449 Title/Recommendation
Staff recommends that City Council adopt a Resolution accepting the work performed by GameTime for the Veterans Park Cable Climber Replacement Project, CIP Project No. 352- 52449 (the “Project”) and requests that the City Clerk file a Notice of Completion with the County Recorder.

E.3 Notice of Completion for B and D Excavation and Construction for the Sound Wall, and request that the City Clerk file the Notice of Completion with the County Recorder.

Title/Recommendation
Staff recommends that the City Council adopt a Resolution accepting the work performed by B and D Excavation and Construction (“Contractor”) for the Sound Wall, CIP Project No. 337-37263 (“Project”); and requesting the City Clerk file a Notice of Completion with the County Recorder.

E.4 Appoint Board Member and Alternate Board Member to the Municipal Pooling Authority Board of Directors
Title/Recommendation
Adopt a Resolution appointing Sukari Beshears, Director of Human Resources/Risk Manager, as the primary Board Member and Kerry Breen, City Treasurer/Director of Finance and Information Systems, as the alternate Board Member on the Municipal Pooling Authority (MPA) Board of Directors and repeal in its entirety Resolution 2017-16.

E.5 Purchase one Vac-Con Hydro Excavator truck, and authorize the City Manager or designee to execute any necessary associated documents in an amount not to exceed $662,500.

Title/Recommendation
Staff recommends the City Council adopt a Resolution approving the purchase of one VacCon Hydro Excavator truck from Municipal Maintenance Equipment, Inc., in Sacramento, CA; and authorizing the City Manager or designee to execute any necessary associated documents in an amount not to exceed $662,500.

E.6 Memorandum of Understanding between the City and Harvest Time for the Use of Agricultural Mitigation Fees to implement a Three-Year Staffing and Marketing Program and amendment to the 2023/24 Operating Budget
Title/Recommendation
Approve a Memorandum of Understanding (MOU) between the City and Harvest Time for the Use of Agricultural Mitigation Fees to implement a Three-Year Staffing and Marketing Program; and amend the 2023/24 Operating Budget
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 An application for a General Plan amendment (GPA 24-001) to repeal the March 2023 Housing Element and adopt the City’s Housing Element Update for the period of 2023- 2031 (6th Cycle), in compliance with State housing element law.

Title/Recommendation
Staff recommends that the City Council review and adopt the attached resolution approving a General Plan amendment (GPA 24-001) to repeal the March 2023 Housing Element and adopt the City’s November 2023 Submittal to the California Department of Housing and Community Development (HCD) for the period of 2023-2031 (6th Cycle), in compliance with State housing element law.

The General Plan 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 it may have a significant effect on the environment.

F.2 An amendment to Title 17 (Zoning) of the Brentwood Municipal Code regarding oil and gas regulations
Title/Recommendation
Adoption of an ordinance removing oil and gas development as conditionally permitted uses in Planned Development District No. 17 and Planned Development District No. 55, requiring oil and gas development uses to be expressly listed as permitted or conditionally permitted uses in a district to be permitted or eligible for conditional use permits, amending oil and gas production regulations, and finding the action exempt from CEQA (RZ 23-003).

The adoption of the proposed ordinance is a discretionary action by the City Council and therefore, subject to consideration under the California Environmental Quality Act (CEQA).

The ordinance has been assessed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines, and the environmental regulations of the City.

Pursuant to CEQA and the CEQA Guidelines, it has been determined that the proposed ordinance is exempt from CEQA, including without limitation, requirements for CEQA review, pursuant to the following exemptions: the “common sense” exemption under CEQA Guidelines Section 15061(b)(3), and the categorical exemption under CEQA Guidelines Section 15308 for Class 8 - Actions by Regulatory Agencies for the Protection of 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 2024 Juneteenth Event Discussion and possible direction to staff Title/Recommendation
Consider the City Council’s request for a Juneteenth event and receive direction on the options provided.

G.2 Consider scheduling parameters for regular and special City Council meetings Title/Recommendation
Future Agenda Item request related to the scheduling parameters of regular and special meetings, and to provide direction to staff.

H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a Request from Vice Mayor Meyer to reconsider the public comment period on City agendas and potential updates to City Council/Administrative Policy 110-1.

Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer from the January 23, 2024 Council Meeting to reconsider the public comment period on agendas; and potential updates to City Council/Administrative Policy 110-1 Rule 4.3, Agenda Contents; Order of Business.

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

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

Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.

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

If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing
NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

POSTING STATEMENT
On February 8, 2024, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
January 23, 2024, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:02 p.m.

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

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

C. PUBLIC COMMENTS
Mayor Bryant opened the public comment period.

JoAnn Klement provided comments related to the Brentwood Neighborhood Committee which she proudly served on for 12 years.

Owen Spishock spoke on behalf of the Youth Commission and provided updates on Youth Commission events and scholarships.

Colin Brown provided comments related to products provided by Gov GPT.

Danny Dohrmann provided comments related to Costco, the ability to provide public comments on Zoom, and the Brentwood Police Department's Community Town Hall meeting topics.

There being no one else wishing to speak, Mayor Bryant closed the public comment period.

D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported on attendance at the Planning Commission commissioner interviews, Chamber of Commerce mixer at Shadow Lakes Golf Club, Police Activities League (PAL) community events, swearing in of five new Brentwood Police Officers, PAL board meeting, watched the Planning Commission meetings, and attended the open house with Supervisor Diane Burgis.

Vice Mayor Meyer reported on attendance at the Downtown Brentwood Coalition Mixer, California Alliance of Local Electeds (CALI) with a presentation by Assembly Member Christopher Ward, Heal Theory event in recognition of National Day of Service/ Martin Luther King Jr Day, Cal Cities speaker series, Cal Cities Mayors and Council Member run of show for

2 upcoming conference, watched the Planning Commission meetings, Brentwood Leadership Roundtable planning meeting for Community Day of Service on April 27, 2024, presentation by Colin Coffey from the East Bay Regional Park District about their 98th anniversary, and a presentation by Senator Angelique Ashby regarding affordable housing.

Council Member Mendoza reported she watched the Center for Biological Diversity versus Public Utilities Commission of California (CPUC), attendance at Cal Cities Policy Committee Orientation, volunteered with Hija Del Campo event, attendance at Our Neighborhood Voices meeting, CALI with a presentation by Assembly Member Christopher Ward, Cal Cities call with new President Daniel Parra, Mayors' Conference, watched the Planning Commission meetings, Cal Cities League Latino Caucus Public Relations and Strategic Plan meeting, and a presentation by Senator Angelique Ashby regarding affordable housing.

Council Member Pierson reported on attendance at the Martin Luther King Jr Day of Service at an elementary school in Antioch, Brentwood Unified School District (BUSD) school board meeting, Cal Cities 2024 Policy meeting orientation, Community Services Policy Committee meeting, watched the Planning Commission meetings, attended the Cal Cities California Black Women's Collective meeting with Assemblymember Tina McKinnor and Association of California Water Agencies Director, Joy Langford, Contra Costa County Bar Association installation lunch, and donated 100 tuxedos and 50 dresses to the All Abilities Prom.

Mayor Bryant reported on attendance at the Planning Commission meeting where he swore in new Commissioners, wearing in, Martin Luther King Jr Day of Service, a Transplan meeting, ECCRFFA meeting, a State Route 4 Bypass meeting, swearing in of five new Brentwood Police Officers, meetings with representatives of the Green Empowerment Zone, met with several residents regarding concerns on homelessness and the encroachment of violence from surrounding areas.

E. CONSENT CALENDAR
Mayor Bryant pulled item E.5 for a presentation by the Public Art and Design Academy.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted the Consent Calendar as recommended by staff excluding item E.5.

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

3 E.1 Minutes of the City Council/Successor Agency meeting of January 9, 2024
E.2 A Proclamation Proclaiming February as American Heart Month E.3 A Proclamation Proclaiming February as Black History Month E.4 A Proclamation Proclaiming February as National Cancer Prevention Month
E.5 2024 Public Art and Design Academy Project
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2024-07 approving a Memorandum of
Understanding (“MOU”) between the City of Brentwood (“City”) and Liberty Union High School District (“District”) regarding the Public Art and Design Academy (“PADA”) project at a cost of $20,272, amending FY 2023/24 or FY 2024/25 Operating Budget, depending on the timing of the PADA project, by increasing the Public Art Acquisition Fund by $20,272, and authorizing the City Manager or designee to execute the MOU and make minor non-substantive revisions to it, in consultation with the City Attorney.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
E.6 Amending City Council/Administrative Policy 110-04 Procedures for Ceremonial Documents related to the process for Proclamations Adopted Resolution 2024-04 amending City Council/Administrative Policy 110-04 Procedures for Ceremonial Documents related to the process for Proclamations.

E.7 A Joint Resolution of the City Council and Successor Agency Board related to City Manager/Executive Director and City Attorney/General Counsel signature authority for specific Purchase Orders, Change Orders and/or Agreements
Adopted Resolution 2024-05 and Resolution 2024-02-SA approving and authorizing the City Manager or City Attorney and Executive Director or General Counsel, as appropriate, to execute certain Purchase Orders, Change Orders and/or Agreements that have anticipated spending over $50,000 (City Manager and Executive Director) and $75,000 (City Attorney and General Counsel, with the higher amount limited to legal services and personnel investigative services) for FY 2023/24, after approval as to form by the City Attorney or General Counsel.

4 E.8 Contract Change Order No. 4 with Goodfellow Sequoia A JV for Sand Creek Road Extension.

Adopted Resolution 2024-06: 1) approving and authorizing the City Manager or designee to execute Contract Change Order No. 4 to the Contract with Goodfellow Sequoia A JV (“Goodfellow”) for the Sand Creek Road Extension, CIP Project No. 336-31700 (“Project”), in the amount of $1,140,068.34 for a total not to exceed Contract price of $9,897,051.34; and 2) amending and increasing the funding authorization contingency amount of $875,698.30 by a requested amount of $228,013.67 for a total amount of $1,103,711.97.

E.9 Second Reading of a Zoning Text Amendment (RZ 23-001) to amend subsection 17.495.005 (“Other Regulations”) and add a new conditionally permitted use to subsection 17.495.003 of the PD-45 zoning district text related to a 1.5-acre parcel
Waived the second reading of and adopted Ordinance 1066, a Zoning Text Amendment (RZ 23-001) amending subsection 17.495.005 (“Other Regulations”), and adding a new conditionally permitted use to subsection 17.495.003 of the PD-45 zoning district text related to a

1.5-acre parcel located at 605 Sycamore Avenue (APN 016-310-076).

F. PUBLIC HEARINGS
F.1 Application for Vesting Tentative Subdivision Map and Design Review approval for the Lone Tree Way residential project.

Associate Planner Miguel Contreras presented the item.

Mayor Bryant opened the Public Hearing for comments related to the continuation of the item.

There being no one wishing to speak on the item, Mayor Bryant closed the Public Hearing.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Continued to February 27, 2024
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.2 An Agreement to design and construct a high diversion organics operating facility, make certain findings pursuant to Government Code section 4217.10 et seq., and amend the Capital Improvement Program and 2023/24 Operating Budget as necessary.

5 Casey Wichert, Director of Public Works, presented the item.

Mayor Bryant opened the Public Hearing.

There being no one wishing to speak, a motion/second was made by Pierson/Oerlemans to close the public hearing and carried unanimously.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2024-08 (1) making certain findings pursuant to Government Code section 4217.10, et seq.; (2) approving the contract documents and authorizing the City Manager or designee to execute an agreement with W. M. Lyles Co. to design and construct a high diversion organics facility; (3) amending the 2023/24 – 2027/28 Capital Improvement Program (CIP); and (4) amending the 2023/24 Operating Budget for the associated project funding transfers.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G. BUSINESS ITEMS
G.1 2023/24 Mid-Year Operating Budget Amendments and Longer Term General Fund Revenue Options
Christine Andrews, Assistant Director of Finance & Information Systems, presented the item.

Mayor Bryant opened the public comment period.

Carolina Villaseca provided comments in opposition of increasing taxes and bonds.

There being no one else wishing to speak, Mayor Bryant closed the public comment period.

Moved by: Tony Oerlemans, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Adopted Resolution 2024-09 amending the 2023/24 Operating Budget and directing staff to increase the General Fund Reserve for the General Plan Update project by $1.1 million in the draft 2024/25- 2025/26 Operating Budget.

6 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.2 Council Selection of Preferred Consultant to Perform the Brentwood Senior Activity Center Operational Assessment & Citywide Recreational Customer Satisfaction Survey
City Manager Tim Ogden presented the item.

Mayor Bryant opened the public comment period.

Danny Dohrmann provided comments and inquiries related to the item.

Carolina Villaseca provided comments related to the wide range in quote amounts among the responses.

City Council recessed at 8:58 p.m. and reconvened at 9:10 p.m.

Council Member Mendoza did not return to the dais for Council discussion and was absent the vote.

Moved by: Tony Oerlemans, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Adopted Resolution 2024-10 awarding the contract to Matrix Consulting Group in an amount not to exceed $49,600 for the Brentwood Senior Activity Center Operational Assessment & Citywide Recreational Customer Satisfaction Survey.

Ayes (4): Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Absent (1): Jovita Mendoza, Council Member
Motion Approved (4 to 0 with 1 absent)
G.3 City Council committees and committee assignments for 2024, including proposed Dissolution of the State Route 4 Noise Committee; and Dissolution of the Brentwood Neighborhood Committee.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
The City Council approved, by motion, 1) the committees, appointments and descriptions of the committees; and 2) dissolved the Brentwood Neighborhood Committee and State Route 4 Noise Committee.

7 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Vice Mayor Meyer requested the reconsideration of allowing virtual public comments and other potential updates to the City Council / Administrative Policy 110-1.

I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a Request from Vice Mayor Meyer related to the scheduling of special City Council meetings and workshops
Vice Mayor Meyer presented the item.

Mayor Bryant opened the public comment period.

There being no one wishing to speak, Mayor Bryant closed the public comment period.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
J. ADJOURNMENT
The City Council adjourned at 10:50pm in memory and honor of Major Anthony "Tony" Webb.

CITY COUNCIL AGENDA ITEM NO. E.2
2/13/2024
SUBJECT: Notice of Completion for work performed by GameTime for the Veterans Park Cable Climber Replacement Project, Capital Improvement Project (CIP) Project No. 352-52449
DEPARTMENT: Parks and Recreation
STAFF: Aaron Wanden, Parks Maintenance Manager
Elaine McGurk, Project Services Specialist

TITLE/RECOMMENDATION
Staff recommends that City Council adopt a Resolution accepting the work performed by GameTime for the Veterans Park Cable Climber Replacement Project, CIP Project No. 352-52449 (the “Project”) and requests that the City Clerk file a Notice of Completion with the County Recorder.

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

Contractor Final Amount Council Approved Amount
GameTime $209,384.24 $209,707.99
The final contract cost came in just under the City Council approved amount. This project was funded through the Parks and LLAD Replacement Fund and funding for the Project was included in the amended 2022/23 – 2026/27 Capital Improvement Project. Maintenance of this park is funded by the Citywide Park Assessment District and is included in the adopted 2023/24 Operating Budget.

BACKGROUND
Veterans Park was originally constructed in 2003. Based on the industry standard of a 15-20 year life expectancy for this type of play structure, staff recommended replacement of the cable climber structure. Veterans Park has increased in popularity with the addition of the Veterans Park Universal Abilities Playground project that was completed in 2013. Due to the proximity of the cable climber and the increased use, the cables showed signs of excessive wear and tear. Also evident was color fade due to age and exposure to the elements. Based on staff inspections and one section of

CITY COUNCIL AGENDA ITEM NO. E.2
2/13/2024
the climber no longer being available for replacement from the vendor, staff recommended the replacement of the cable climber structure.

On March 23, 2023, staff and Park and Recreation Ad-Hoc Committee member Lind met and reviewed the initial conceptual designs submitted by three separate vendors, including Ross Recreation Equipment, Play Works Inc., and GameTime. After reviewing various renditions provided by each of the three vendors, GameTime was able to provide the most challenging and unique conceptual design for the play structure as requested without sacrificing the high standards the City of Brentwood has for playground structures.

Staff and Park and Recreation Ad-Hoc Committee members Cohen and Lind met on April 6, 2023 to review the conceptual design submitted by GameTime. The Ad-Hoc Committee reviewed and approved the designs with the color scheme of red, white, and blue for presentation to the full Commission.

On April 27, 2023, staff presented the conceptual plan to the full Park and Recreation Commission. Following discussion, the Commission approved the concept plan as presented and recommended that City council move forward with the project.

On June 13, 2023, City Council approved Veterans Park Cable Climber Replacement Capital Improvement Project with GameTime in the amount of $209,707.99.

The City was able to purchase equipment from this vendor through an OMNIA Cooperative Purchasing Agreement, as described in Section 5.4 Cooperative Purchasing Agreements of the City’s Purchasing Policy 10-7.

Construction commenced in late July 2023 and was completed in December 2023.

GameTime has met its contractual obligation, and staff is recommending that the work performed by GameTime be accepted and the Notice of Completion be filed with the County Recorder.

Below are photos of the finished project.

CITY COUNCIL AGENDA ITEM NO. E.2
2/13/2024

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

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

DATE OF NOTICE
Not applicable.

ENVIRONMENTAL DETERMINATION
Not applicable.

ALTERNATIVE OPTION(S)
Not applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Notice of Completion

Attachment 1
Previous Actions
On June 28, 2022, by Resolution 2022-85, the City Council adopted the City’s FY 2022/23 – 2026/27 Capital Improvement Program (“CIP”).

On June 28, 2022, by Resolution 2022-86, City Council adopted the FY 2022/23 – 2023/24 Operating Budget.

On June 13, 2023, by Resolution 2023-74, City Council approved the purchase and installation of playground equipment for Veterans Park Cable Climber Replacement, and authorizing the City Manager or his designee to execute a contract in the amount of $209,707.99 with GameTime through an OMNIA Cooperative Purchasing Agreement and amending the FY 2022/23 – 2026/27 Capital Improvement Program and the FY 2022/23 Operating Budget.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

ACCEPTING THE WORK PERFORMED BY GAMETIME FOR THE VETERANS PARK CABLE CLIMBER REPLACEMENT PROJECT, CIP PROJECT NO. 352- 52449 AND REQUESTING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER.

WHEREAS, on June 28, 2022, by Resolution 2022-85, the City Council adopted the City’s FY 2022/23 – 2026/27 Capital Improvement Program (“CIP”); and WHEREAS, on June 28, 2022, by Resolution 2022-86, City Council adopted the FY 2022/23 – 2023/24 Operating Budget; and
WHEREAS, at its regular meeting on September 22, 2022, the Park and Recreation Commission approved the Veterans Park Playground Cable Climber Replacement project due to excessive wear and tear and created an Ad-Hoc Committee consisting of Commissioners Lind and Cohen; and
WHEREAS, on January 25, 2023 staff solicited concept plans and quotes from three vendors, including Ross Recreation Equipment, Play Works Inc., and GameTime; and WHEREAS, the Veterans Park Playground Cable Climber Ad-Hoc Committee and staff met on March 23, 2023 and April 6, 2023 to review the concept plans and quotes; and WHEREAS, at the regular meeting on the April 27, 2023, the Park and Recreation Commission approved the final concept plan submitted by GameTime; and WHEREAS, on June 13, 2023, by Resolution 2023-74, City Council of the City of Brentwood (1) approved the purchase and installation of playground equipment for Veterans Park Cable Climber Replacement; (2) authorized the City Manager or his designee to execute a contract in the amount of $209,707.99 with GameTime through an OMNIA Cooperative Purchasing Agreement; (3) approved a new capital project, Veterans Park Cable Climber Replacement (4) amended the 2022/23 – 2026/27 Capital Improvement Program to include the Veterans Park Cable Climber project; and (5) amended the FY 2022/23 Operating Budget for the associated funding transfers; and
WHEREAS, GameTime has met its contractual obligation and staff is recommending that the work performed by GameTime be accepted and the Notice of Completion filed with the County Recorder;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby approves a Resolution accepting the work performed by GameTime for the Veterans Park Cable Climber Replacement Project, CIP Project No. 352-52449 and requests that 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 February 13, 2024, by the following vote:

NOTICE OF COMPLETION
Recording Requested By:

City of Brentwood
When Recorded Mail To:

City Clerk
City of Brentwood
150 City Park Way
Brentwood, CA 94513
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. City’s full name is the City of Brentwood.

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: Veterans Park Playground Replacement (Cable Climber only), CIP Project No. 352-52449

6. The name of the original Contractor for the Project is: GameTime

7. The Project was completed on: December 31, 2023

8. The Project is located at: Veterans Park, 3841 Balfour Road, Brentwood, CA 94513 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 Signature of Person Signing on Behalf of City
City of Brentwood, CA ________________________________
Margaret Wimberly, City Clerk

CITY COUNCIL AGENDA ITEM NO. E.3
02/13/2024
SUBJECT: Notice of Completion for B and D Excavation and Construction for the Sound Wall, and request that the City Clerk file the Notice of Completion with the County Recorder.

DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Brant Wilson, Senior Associate Engineer
Renee Payette, Project Services Specialist

TITLE/RECOMMENDATION
Staff recommends that the City Council adopt a Resolution accepting the work performed by B and D Excavation and Construction (“Contractor”) for the Sound Wall, CIP Project No. 337-37263 (“Project”); and requesting the City Clerk file a Notice of Completion with the County Recorder.

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)
B and D Excavation and
Construction
$435,064.20 $435,390
The Project was included in the adopted 2023/24 – 2027/28 Capital Improvement Program and the final contract cost came in just under the City Council approved amount. The General Fund provided the funding for this Project, and unspent Project funds will be returned to the General Fund upon Project closure.

BACKGROUND
This Project replaced an existing section of developer-installed sound wall between State Route 4 and Livorno Street. The scope of work performed included removing 202 linear feet of the existing sound wall and footings and constructing a new sound wall with cast-in-drilled-hole concrete pile foundation.

CITY COUNCIL AGENDA ITEM NO. E.3
02/13/2024
The new sound wall provides a variable increase in height ranging from 1’4” to 3’4” as compared to the height of the previous sound wall on either side of the section that was raised.

The Contractor completed all improvements on January 18, 2024, per the contract documents. Staff is recommending acceptance of the work performed by the Contractor and the Notice of Completion be filed with the County Recorder.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 1: Public Works, Goal 1.d.: Explore State Route 4 sound study mitigation measures, including raising the lower portion of the existing sound wall adjacent to Livorno Street, south of Carrara Street.

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

ENVIRONMENTAL DETERMINATION
A Notice of Exemption was filed with the Contra Costa County Clerk-Recorder on May 25, 2023.

ALTERNATIVE OPTION(S)
Not applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Acceptance Photograph

4. Notice of Completion

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

On November 12, 2019, Council Member Rarey requested a future agenda item related to a sound study for the section of State Route 4 (“SR 4”) between Balfour Road and Fairview Avenue, and the potential for sound remediation based on the results of the sound study.

On December 10, 2019, the City Council directed staff to look into costs for a sound study to be performed along the residential corridors of SR 4 from Lone Tree Way to Marsh Creek Road.

On November 16, 2021, the City Council received the results of the SR 4 Corridor Traffic Noise Analysis.

On April 12, 2022, at the Capital Improvement Program (“CIP”) Workshop, the City Council directed staff to add the Project to the CIP Budget.

On April 25, 2023, the City Council continued the item to the May 9, 2023, City Council/Successor Agency meeting.

On May 9, 2023, by Resolution No. 2023-50, 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 Sound Wall Project, CIP Project No. 337-37263, with B and D Excavation and Construction, as the lowest responsible and responsive bidder, in the amount of $378,600, plus funding authorization for a 15% contingency of $56,790, for a total funding authorization not to exceed amount of $435,390.

On June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/24- 2027/28 Capital Improvement Program, which included the Project.

On December 12, 2023, the City Council considered adopting a Resolution approving Contract Change Order No. 2 with B and D Excavation and Construction to remove the steps from the sound wall; the City Council did not adopt the Resolution.

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ACCEPTING THE WORK PERFORMED BY B AND D

EXCAVATION AND CONSTRUCTION FOR THE SOUND WALL, CIP
PROJECT NO. 337-37263; AND REQUESTING THE CITY CLERK
FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER.

WHEREAS, on November 12, 2019, Council Member Rarey requested a future agenda item related to a sound study for the section of State Route 4 (“SR 4”) between Balfour Road and Fairview Avenue, and the potential for sound remediation based on the results of the sound study; and
WHEREAS, on December 10, 2019, the City Council directed staff to look into costs for a sound study to be performed along the residential corridors of SR 4 from Lone Tree Way to Marsh Creek Road; and
WHEREAS, on November 16, 2021, the City Council received the results of the SR 4 Corridor Traffic Noise Analysis; and
WHEREAS, on April 12, 2022, at the Capital Improvement Program (“CIP”) Workshop, the City Council directed staff to add the Project to the CIP Budget; and WHEREAS, on April 25, 2023, the City Council continued the item to the May 9, 2023, City Council/Successor Agency meeting; and
WHEREAS, on May 9, 2023, by Resolution No. 2023-50, 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 Sound Wall Project, CIP Project No. 337-37263 (“Project”), with B and D Excavation and Construction (“Contractor”), as the lowest responsible and responsive bidder, in the amount of $378,600, plus funding authorization for a 15% contingency of $56,790, for a total funding authorization not to exceed amount of $435,390; and WHEREAS, on June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/24-2027/28 Capital Improvement Program, which included the Project; and
WHEREAS, on December 12, 2023, the City Council considered adopting a Resolution approving Contract Change Order No. 2 with B and D Excavation and Construction to remove the steps from the sound wall; the City Council did not adopt the Resolution; and
WHEREAS, the Project replaced a section of the existing sound wall previously installed by the developer between SR 4 and Livorno Street, which included removing

202 linear feet of the existing sound wall and footing, and constructing a new sound wall with cast-in-drilled-hole concrete pile foundation; and WHEREAS, the Contractor completed all improvements on January 18, 2024, per the contract documents; and staff is recommending that the work performed by the Contractor be accepted and the Notice of Completion filed with the County Recorder.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby accept the work performed by B and D Excavation and Construction for the Sound Wall, CIP Project No. 337-37263; and requests the City Clerk 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 February 2024 by the following vote:

Acceptance of the Sound Wall
CIP Project No. 337-37263

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 §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of 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: Sound Wall, CIP Project No. 337-37263.

6. The name of the original Contractor for the Project is: B and D Excavation and Construction.

7. The Project was accepted as complete on: February 13, 2024.

8. The Project is located in Brentwood, CA 94513 as follows: replacement of a section of the existing sound wall previously installed by the developer between State Route 4 and Livorno Street.

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 Margaret Wimberly, MMC, 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.4
02/13/2024
SUBJECT: Appoint Board Member and Alternate Board Member to the Municipal Pooling Authority Board of Directors
DEPARTMENT: Human Resources
Finance and Information Systems
STAFF: Sukari Beshears, Director of Human Resources/Risk Manager Kerry Breen, City Treasurer/Director of Finance and Information Systems

TITLE/RECOMMENDATION
Adopt a Resolution appointing Sukari Beshears, Director of Human Resources/Risk Manager, as the primary Board Member and Kerry Breen, City Treasurer/Director of Finance and Information Systems, as the alternate Board Member on the Municipal Pooling Authority (MPA) Board of Directors and repeal in its entirety Resolution 2017-

16. FISCAL IMPACT
There is no fiscal impact associated with the item.

BACKGROUND
MPA is the Joint Powers Authority that provides insurance coverage for the majority of the cities in Contra Costa County, including Brentwood.

The governing documents of MPA require the City to appoint its City Manager, a department head, or the staff person responsible for the City’s risk management as the primary Board Member, and that the alternate Board Member shall have the same qualifications as the primary Board Member.

In 2017, Sukari Beshears, Director of Human Resources/Risk Manager, was appointed by the Council to serve as the primary Board Member, with Damien Brower, City Attorney, serving as the alternate Board Member. With Mr. Brower’s recent retirement from the City, staff requests that the City Council appoint a new alternate Board Member.

CITY COUNCIL AGENDA ITEM NO. E.4
02/13/2024
Kerry Breen, City Treasurer/Director of Finance and Information Systems, previously served in the role of primary Board Member prior to the appointment of Ms. Beshears.

As a department head and with previous experience in Risk Management and as an MPA Board Member, Mr. Breen meets the requisite qualifications to serve as the alternate Board Member. The City Manager supports this appointment.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
See Attachment 1

DATE OF NOTICE
Not Applicable

ENVIRONMENTAL DETERMINATION
Not Applicable

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation to appoint staff as an alternate Board Member to the Municipal Pooling Authority. If the item is not approved, the City will not have an alternate Board Member to serve in the absence of the primary Board Member, as required by MPA, and the City will not have a vote on risk management matters during Board meetings in the absence of the primary Board Member.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPOINTING SUKARI BESHEARS, DIRECTOR OF

HUMAN RESOURCES/RISK MANAGER, AS THE VOTING BOARD

MEMBER AND KERRY BREEN, CITY TREASURER/DIRECTOR OF

FINANCE AND INFORMATION SYSTEMS, AS THE ALTERNATE

BOARD MEMBER ON THE MUNICIPAL POOLING AUTHORITY
(MPA) BOARD OF DIRECTORS; AND REPEALING IN ITS
ENTIRETY RESOLUTION NO. 2017-16.

WHEREAS, the City of Brentwood is a member of the Municipal Pooling Authority (“MPA”), a joint powers authority that provides insurance and risk management services to its member cities; and
WHEREAS, the governing documents of the MPA require the City Council of each member city to appoint one Board Member and one alternate Board Member to the MPA Board of Directors; and
WHEREAS, on January 27, 2015, the City Council adopted Resolution No. 2015-17 that appointed Kerry Breen as the City’s Board Member and City Attorney Damien Brower as the City’s alternate Board Member; and WHEREAS, on February 14, 2017, the City Council adopted Resolution No. 2017-16 appointing Sukari Beshears as the City’s Board Member and Damien Brower as the City’s alternate Board Member, and repealing Resolution No. 2015-17; and WHEREAS, in addition to serving as the Director of Human Resources/Risk Manager, Sukari Beshears meets the requisite qualifications to serve as the City’s primary voting Board Member on MPA; and
WHEREAS, as a department head with previous responsibility for Risk Management and as a prior voting Board Member on MPA, Kerry Breen meets the requisite qualifications to serve as the alternate Board Member.

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

1. Appoints Sukari Beshears, Director of Human Resources/Risk Manager, as the City’s voting Board Member and Kerry Breen, City Treasurer/Director of Finance and Information Systems, as the City’s alternate Board Member on the MPA Board of Directors; and

2. Repeals in its entirety Resolution No. 2017-16.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of February 2024 by the following vote:

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 January 27, 2015, the City Council adopted Resolution No. 2015-17, designating Kerry Breen as the Board Member and Damien Brower as the alternate Board Member for the Municipal Pooling Authority Board of Directors.

On February 14, 2017, the City Council adopted Resolution No. 2017-16, designating Sukari Beshears as the Board Member and Damien Brower as the alternate Board Member for the Municipal Pooling Authority Board of Directors and repealed Resolution No. 2015-17.

CITY COUNCIL AGENDA ITEM NO. E.5
02/13/2024
SUBJECT: Purchase one Vac-Con Hydro Excavator truck, and authorize the City Manager or designee to execute any necessary associated documents in an amount not to exceed $662,500.

DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Scott Dempsey, Fleet/Facilities Maintenance Manager

TITLE/RECOMMENDATION
Staff recommends the City Council adopt a Resolution approving the purchase of one Vac-Con Hydro Excavator truck from Municipal Maintenance Equipment, Inc., in Sacramento, CA; and authorizing the City Manager or designee to execute any necessary associated documents in an amount not to exceed $662,500.

FISCAL IMPACT
The total cost of the Vac-Con Hydro Excavator purchase with Municipal Maintenance Equipment, Inc., is a not to exceed amount of $662,500, which is included in the 2023/24 Water Enterprise Fund Operating Budget.

BACKGROUND
The Water Division is requesting the purchase of a Vac-Con 11-yard hydro excavator vacuum truck, which is an essential piece of equipment used in the maintenance and repair of underground water distribution systems. Hydro excavation trucks provide a safer, more efficient alternative to hand or mechanical (backhoe) digging. Hydro excavators provide an improved response time and a non-destructive solution for excavating and locating underground utilities. Water main repairs create risk of microbial contamination when pipes and fittings have potential to come in contact with soils and water in an excavation trench. Hydro excavation allows for the complete diversion of soil and water away from repair area and allows minimum water pressure to remain in distribution system, decreasing the chances of contamination. Adding this vehicle will ensure the Water Division has the proper equipment needed during excavations of water distribution main lines, many of which are 4’ – 8’ deep, to increase operational efficiencies and safe work practices and decrease the potential for contamination, as well as the duration of water system interruptions to City residents and customers caused by main breaks.

CITY COUNCIL AGENDA ITEM NO. E.5
02/13/2024
Per Purchasing Policy No. 10-7, the City will utilize a cooperative purchasing agreement to purchase the Vac-Con truck, a Sourcewell agreement with Vac-Con, Contract No. 101221-VAC. Sourcewell offers a wide variety of commodities, non-IT services and information technology products and services, where participating vendors submit pricing based on bulk government sales. Staff reviewed similar product prices and found Sourcewell prices are fair and reasonable. Staff requests the approval to purchase the Vac-Con Hydro Excavator truck from Municipal Maintenance Equipment, Inc., the authorized Vac-Con dealer for Northern California.

This purchase of this truck complies with Purchasing Policy 10-7 and the Use of Vehicles and Related Equipment Policy 10-9.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

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

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Quote

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

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

On January 23, 2024, by Resolution No. 2024-09, the City Council adopted the amended 2023/24 Operating Budget.

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE PURCHASE OF ONE VAC-CON

HYDRO EXCAVATOR TRUCK FROM MUNICIPAL MAINTENANCE
EQUIPMENT, INC., IN SACRAMENTO, CA; AND AUTHORIZING

THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY

ASSOCIATED DOCUMENTS IN AN AMOUNT NOT TO EXCEED
$662,500.

WHEREAS, on February 14, 2017, by Resolution No. 2017-17, the City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”); and WHEREAS, on January 23, 2024, by Resolution 2024-02-SA, the City Council adopted the amended 2023/24 Operating Budget; and
WHEREAS, Purchasing Policy 10-7 requires that purchases of goods or services over $50,000 per vendor, per fiscal year must be approved by the City Council; and
WHEREAS, the Vac-Con truck will be purchased utilizing a Sourcewell cooperative purchasing agreement, Contract No. 101221-VAC, from Municipal Maintenance Equipment, Inc., the authorized Vac-Con dealer for Northern California, per the Purchasing Policy; and
WHEREAS, this purchase is in compliance with Purchasing Policy 10-7 and the Use of Vehicles and Related Equipment Policy 10-9; and WHEREAS, if approved, the total $622,500 cost will be expended through the Water Department’s 2023/24 Operating Budget, which has sufficient funds for this purchase.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the purchase of one Vac-Con Hydro Excavator truck from Municipal Maintenance Equipment, Inc., in Sacramento, CA; and authorizes the City Manager or designee to execute any necessary associated documents in an amount not to exceed $662,500.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of February 2024 by the following vote:

..

January 16, 2024

MUNICIPAL

MAINTENANCE

EQUIPMENT
CSLB #980409
DIR l 000004282
www.source-mme.com
Toll Free 1-888-484-9968
City of Brentwood
2201 Elkins Way
Brentwood, CA 94513
Tel: 925-516-6025
[email protected]
[email protected]
Attention: James Wilson, Water Distribution Supervisor
Scott Dempsey, Fleet/Facilities Maintenance Manager
We are pleased to provide the enclosed contract pricing sheet off the Sourcewell Contract No. 101221-VAC, for the Vac-Con VX312LHE/1100 Xcavator mounted on a new Freightliner Model 114SD Plus 6x4 truck chassis for your review.

Summary: Complete Unit per attached Sourcewell price sheet Price F.O.B. Brentwood, CA

8.75% Estimated Sales Tax
CA Tire Fee (10@ $1 .75 Each)
Total
$609, 120.00
53,298.00

17.50 $662,435.50
• Vac-Con is the Sourcewell contract holder and all purchasing documents are to go directly to them. City's Purchase Order to be prepared and sent directly to Vac-con, Inc. 969 Hall Park Drive, Green Cove Springs, FL 32043
M.J. Dubois (410) 924-1004 [email protected]
• Municipal Maintenance Equipment, Inc. is the local dealer and will provide warranty support and future service for the Vac-Con products.
• Pricing includes delivery and on-site training.
• Normal delivery 210-270 days A.R.O., depending on chassis availability. • Sales tax applicable at time of delivery will be shown on invoice. • Terms per Sourcewell Program.
• Quotation valid for 15 days.

Thank you for your interest in this fine product. Should you have any questions or need additional information, please let us know. We look forward to being of service.

Enclosure
4634 Mayhew Road
Sacramento, CA 95827
Office: 916-922- 110 l
Fax: 916-922-1034
4750 Caterpillar Road, #D
Redding, CA 96003
Office: 530-243-4856
Fax: 530-243-1447
13922 Gracebee Avenue
Norwalk, CA 90650
Office: 714-528-8770
Fax: 714-528-8744
1930W. Winton Avenue, #1
Hayward, CA 94545
Office: 510-670-0230
Fax: 510-6 70-9003 Page 34 of 894
01112/2024 HYDRO-EXCAVATOR
SOURCEWELL CONTRACT: 101221-V AC
Cust CITY OF BRENTWOOD
I Reguirement SEecification
Hydro-Excavator with all standard equipment VX312LHE/l l 00 Sourcewell Discount
Freightliner Model l 14SD Plus 6 x 4 Chassis with a 370HP engine, 3000RDS transmission, 66,000GVWR Body mounting on chassis
Hydrostatic drive
8" x 8" Rear Mounted telescoping power flex boom with pendant control station 1100 Gallon polyethylene water tank capacity with 10 year warranty 11 yard Debris tank in lieu of 12 yard debris tank
Automatic vacuum breaker (prevents operation when full and contains debris when moving unit) and overfill protection 3-Stage centrifugal compressor creating 200" vacuum and 0-8000 CFM with cyclone separator Hydraulic tail gate door latches with hydraulic door grabber and safety latch Water pump system rated 20 GPM@ 4000 PSI with smooth continuous pressure 8" Knife valve, lower rear door mounted
Built in body prop - rear support frame mounted
Electric vibrator
Rear splash shield - rear flange mounted

Sh' CALIFORNIA
I I

I Reguirement S(!ecification I I
Stainless steel ball on debris body level indicator
100' Capacity hand gun hose reel
50' Capacity retractable hand gun hose reel
Debris body "Power flush" system, 8 jets
Flush out connection for rear door valve
Automatic lube kit for centrifugal compressor
Centrifugal compressor quiet silencer
Two Cone storage rack
Hydraulic power tool option, rear bumper control valve mount location Rear mounted tow hooks
Remote boom grease zerk assembly
Remote debris tank grease assembly
LED 4 Strobes, (2) front bumper, (2) rear bumper
LED Arrow board
LED Boom mounted flood lights with guards
LED Lighting for tool box
LED Midbody flood lights with guards
LED Rear mounted flood lights with limb guards
Two LED Strobe with limb guard
Midbody LED Strobes
Two Mirror mounted LED strobe lights with limb guards
12 Volt Auxiliary Hydraulic System for Boom Functions
Low water alarm with light

I Reguirement S~ecification I I
Wireless remote control
High pressure hand wand 51" x Yi'' S.S., Pistol grip handle with adjustable handle 48" Extension for high pressure hand wand
Cam-locks for rear drain hose
Brigade Backeye 360 Birds eye Camera System
Customer Inspection for Two (2) Employees
HPDE Non Conductive Tube
Ripsaw Nozzle
Lazy Susan Pipe Rack
Two Roll out shelves for storage box behind cab
16" x 42" x 48" Aluminum storage box
Aluminum storage box 16" x 42" x 96" behind cab in lieu of standard steel ICC lighting
Hydrant wrench, 25' of fill hose
20 gpm @ 600 PSI wash down system with hand gun and 25' of Yi" hand gun hose Safety Striping: White
Paint module: Elite White
Upgrade Freightliner Chassis Tires & Wheels to 3 l 5/80R 22.5 (2) Local dealer pre delivery and inspection
On site customer training
Delivery to customer facility

I Reguirement S[!ecification

TOT AL PRICE OFFERED TO SOURCEWELL MEMBER
Sales Tax - 8.750%
California Tire Fee

TOT AL PRICE OFFERED TO SOURCEWELL MEMBER INCLUDING TAX Delivery is Days after receipt of chassis
SOURCEWELL CONTRACT NO 101221-VAC
CONTRACT HOLDER/VENDOR: VAC-CON, INC. 969 HALL PARK RD, GREEN COVE SPRINGS, FL 32043 CONTACT: M.J. DUBOIS EMAIL [email protected] PHONE: 410-924-1004 THIS QUOTE IS VALID FOR (30) DAYS FROM THE DATE OF QUOTATION

I I
$609,120.00
$53,298.00
$17.50
$662,435.50

CITY COUNCIL AGENDA ITEM NO. E.6
02/13/2024
SUBJECT: Memorandum of Understanding between the City and Harvest Time for the Use of Agricultural Mitigation Fees to implement a Three-Year Staffing and Marketing Program and amendment to the 2023/24 Operating Budget
DEPARTMENT: City Manager
STAFF: Darin Gale, Assistant City Manager
Abraham Salinas, Senior Analyst

TITLE/RECOMMENDATION
Approve a Memorandum of Understanding (MOU) between the City and Harvest Time for the Use of Agricultural Mitigation Fees to implement a Three-Year Staffing and Marketing Program; and amend the 2023/24 Operating Budget

FISCAL IMPACT
In 2001, the City Council established by ordinance an Agricultural Mitigation fee, which was then amended in 2010. The ordinance states:

The in-lieu fee paid to the city shall be placed in a separate account, and funds from this account, as well as interest earned shall be used to fund conservation easements, fee title purchases by the city, as well as the agricultural preservation and enterprise programs that are consistent with the land use designations and policies included in the city’s general plan and municipal code. Twenty percent of the fees collected may be used for administrative purposes and be placed in a separate account. (Ord. 877 § 2,2010) Projected June 30, 2024 Cash Balance of Agriculture Mitigation Funds:

Agriculture Land (Fund 263): $ 2,385,714*
Agriculture Administration (Fund 262): $ 635,300
* Balance after $174,593 budget set aside for Agricultural Business Program Strategic Initiative.

The City Council previously expressed interest in providing funding of $2,240,000 for an Agricultural Innovation Center and staff continues to pursue this project with Harvest Time. Should the City Council continue with that item and also with the funding proposal from Harvest Time, which consists of a three-year staffing and

CITY COUNCIL AGENDA ITEM NO. E.6
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marketing agreement with a total cost of $244,200, the balance of the Agricultural Land Fund would be drawn down to $0. There would be approximately $450,000 remaining in the Agriculture Administration Fund. With low development activity in the City, staff does not expect funds to be available in the near future, and the financial feasibility of continued funding for annual programs from the Agriculture Funds should be considered.

If the agreement is approved, the FY 2023/24 cost would be $81,400 and require a budget amendment to the Agriculture Land Fund. The annual cost of $81,400 for the remaining term of the contract would be included in the draft 2024/25 – 2025/26 Agricultural Land Fund Operating Budget to be presented for City Council consideration in May of 2024.

BACKGROUND
Incorporated in 1976, Harvest Time is a non-profit organization that educates the community about agriculture and its benefits, as well as enhances agri-tourism education in the Brentwood region of East Contra Costa County.

Attracting over 500,000 visitors annually, Harvest Time provides extensive information and opportunities to both visitors and local businesses that benefit from Brentwood’s agricultural hub. For several decades, the City has collaborated with Harvest Time to draw visitors to prominent locations, including downtown Brentwood, Brentwood Boulevard, and The Streets of Brentwood, among other retail destinations.

This collaboration aims to bolster local commerce and highlight Brentwood's agricultural heritage.

Brentwood, widely recognized as the U-Pick Capital, features over 50 active U-Pick farms within a 4-mile radius, drawing the majority of Harvest Time’s visitors. These farms allow for direct, hands-on experiences where visitors can harvest fresh fruits and vegetables at the peak of their season.

HARVEST TIME PROPOSAL
On March 6, 2023, Harvest Time updated the Agricultural Enterprise Committee (AEC) on its current initiatives and sought funding for the "U-Pick Capital" marketing program, which includes retaining a part-time consultant. This consultant would lead the program’s implementation and report directly to the Harvest Time Board of Directors.

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The proposed budget outlined an annual expenditure of $55,000 for a part-time consultant and $26,400 for marketing efforts annually over a three-year period. The total funding request amounted to $244,200, with an annual allocation of $81,400 for each of the three years.

On June 27, 2023, the City Council directed staff to draft a Memorandum of Understanding (MOU) with Harvest Time to implement the U-Pick Capital marketing program. The initiative will be funded by Agricultural Mitigation Fees to support the City's Agricultural Preservation Program and Agricultural Enterprise Program, established in 2001 and revised in 2010.

The MOU detailing the responsibilities of the consultant and a comprehensive list of Key Performance Indicators (KPIs) and deliverables is included as Attachment 3.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)

1. Modify staff’s recommendation and amend the MOU based upon City Council direction.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Memorandum of Understanding Between the City and Harvest Time

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

August 28, 2001, by Resolution 2354, the City Council adopted Ordinance 683 and codified into the Brentwood Municipal Code, Chapter 17.730, establishing the Agricultural Enterprise Program (AEP) and the Agricultural Conservation Fee with the intent to protect and enhance agriculture around Brentwood through three key elements including the Farmland Mitigation Program and Fee, Transferable Agricultural Credit (TAC) Program, and Agricultural Enterprise Program.

On March 13, 2007, City Council, by Resolution 2007-50 approved a Purchase and Sale Agreement with Mery Lynn Nail and Lorraine Visher for the purchase of a 7.23- acre parcel at 3900 Sellers Avenue. The property was purchased for $1,080,000 with Agricultural Mitigations funds for a variety of proposed uses, including an Agricultural Park and History Center.

On September 23, 2008, City Council approved the recommendation from the City of Brentwood Park and Recreation Commission for conceptual design for the Agricultural Park and History Center (CIP 352-52401).

On July 24, 2012, City Council considered a request by the Green Living Coalition to develop and operate a community garden at the Nail Property. This recommendation included approval of funding from the Capital Improvement Project in an amount not to exceed $25,000 for City staff to do research of existing infrastructure on the parcel.

On August 13, 2012, the Agricultural Enterprise Committee (AEC) considered potential uses and activities at the site. The AEC concluded that the 2008 conceptual plan for the site could not be implemented and was no longer relevant, then directed staff to analyze costs for site improvements and prepare draft terms and conditions for a potential lease of the property.

On December 11, 2012, City Council considered options for leasing the Nail Agricultural Park. City Council voted to approve the provisions for leasing the Nail Agricultural Park as recommended and further directed staff to 1) hold an informational meeting for potential stakeholders and 2) to prepare a request for proposals.

At the April 13, 2021 City Council meeting, Mayor Bryant requested a status update on the Nail Property and consideration of possible direction to staff to explore opportunities for partnerships related to the use of the property.

On July 27, 2021, the City Council received an informational update on the Nail Property.

On March 6, 2023, the AEC recommended moving forward with a multiyear agreement with Harvest Time for marketing and staffing services funded through Agricultural Mitigation Fees.

On March 6, 2023, the AEC recommended entering into lease with Delta Informal Gardeners (DIG) for use of one half acre of the Nail Property. The AEC also requested coming forward with a full plan for the entire Nail Property.

On April 24, 2023, staff presented a proposal from Harvest Time to the AEC in response to the Committee request for a plan to use the entire Nail Property. The proposal included utilizing Agriculture Mitigation fees to fund an Agricultural Innovation Center with a variety to uses, including a portion of the site to be used by DIG. After reviewing the proposal, the AEC directed staff to present it to the full City Council for consideration.

On June 27, 2023, The City Council directed staff to draft Memoranda of Understanding between the City of Brentwood and Harvest Time for the use of Agriculture Mitigation fees for a three-year staffing and marketing program and the development of an Agricultural Innovation Center to be located at 3900 Sellers Avenue.

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF BRENTWOOD AND

HARVEST TIME FOR THE USE OF AGRICULTURAL MITIGATION

FEES FOR A THREE-YEAR STAFFING AND MARKETING
PROGRAM; AND AMENDING THE FY 2023/24 OPERATING
BUDGET
WHEREAS, on August 28, 2001, by Resolution 2354, the City Council adopted Ordinance 683 and codified into the Brentwood Municipal Code, Chapter 17.730, establishing the Agricultural Enterprise Program (AEP) and the Agricultural Conservation Fee with the intent to protect and enhance agriculture around Brentwood through three key elements including the Farmland Mitigation Program and Fee, Transferable Agricultural Credit (TAC) Program, and Agricultural Enterprise Program; and
WHEREAS, on March 6, 2023, Harvest Time updated the Agricultural Enterprise Committee (AEC) on its current initiatives and sought funding for the "UPick Capital" marketing program, which includes retaining a part-time consultant.

After careful consideration, the AEC recommended to move forward with the multiyear agreement with Harvest Time; and
WHEREAS, on June 27, 2023, by Resolution 2023-86, the City Council directed staff to draft memoranda of understanding between the City of Brentwood and Harvest Time for the use of agricultural mitigation fees for a three-year staffing and marketing program and the planning and development of the Agricultural Innovation Center to be located at 3900 Sellers Avenue; and WHEREAS, approval of the agreement would require an amendment to the FY 2023/24 Agriculture Land Acquisition Fund Operating Budget of $84,400; and the annual cost of $81,400 for the remaining term of the contract would be included in the in the draft 2024/25 – 2025/26 Agriculture Land Acquisition Fund Operating Budget to be presented for City Council consideration in May of 2024.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby (1) approve and authorize the City Manager or his designee to execute a Memorandum of Understanding between the City of Brentwood and Harvest Time for a three-year staffing and marketing program that is consistent with the Agricultural Mitigation program; and (2) amend the FY 2023/24 Agriculture Land Acquisition Fund expenditure budget in the amount of $81,400.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of February, 2024 by the following vote:

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1 MEMORANDUM OF UNDERSTANDING

BETWEEN

HARVEST TIME IN BRENTWOOD

AND THE CITY OF BRENTWOOD
This Memorandum of Understanding (“MOU”) is entered this ____ day of _____________ 2024, and effective on _____, 2024 (“Effective Date”), by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Harvest Time in Brentwood (“Harvest Time”), a 501(c)(3) non-profit corporation in the State of California (each a Party, and collectively, the “Parties”) for delivery and administration of the U-Pick Capital Program, including but not limited to agricultural tourism (“AgriTourism”), brand promotion, and social media marketing.

RECITALS
A. The City of Brentwood is committed to establishing new ways to support and preserve its rich farming heritage by initiating measures to protect sensitive farmlands, educating and increasing awareness about the high quality produce grown in and around the City, and entering into agreements with non-profit organizations and other local businesses that foster business growth in the City’s agricultural sector.

B. On June 27, 2023, the City Council for the City of Brentwood adopted Resolution No. 2023- 86, directing City staff to prepare a Memorandum of Understanding with Harvest Time for a three year staffing and marketing program funded by Agricultural Mitigation Fees in furtherance of the City’s Agricultural Preservation Program and Agricultural Enterprise Program, which was established in 2001 and updated in 2010.

C. Harvest Time, a non-profit 501(c)(3) organization, whose membership is comprised of many local farmers and stakeholders, is committed to advancing public knowledge about agriculture and its various products, with a special focus on enhancing Agri-tourism in East Contra Costa County. The organization's mission is to educate the general public about farming, specifically in the Brentwood region.

It invites all farms and ranches in Contra Costa County to become members.

D. Leveraging diverse initiatives like the Annual Trail Map, digital platforms, and social media marketing, Harvest Time successfully attracts an estimated 500,000 visitors annually to the Brentwood region. Presently, Harvest Time has about 60 active members who collectively manage over 900 acres of agricultural land, offering a wide range of agricultural products, including fruits, vegetables, nuts, wines, nursery stock, alfalfa, gourmet items, and gift baskets.

E. A significant portion of the Harvest Time membership consists of active "U-Pick Farms." During the peak harvesting season, these farms offer unique, hands-on experiences, allowing the public to harvest fresh produce directly from the source.

F. In June 2023, Harvest Time announced the Brentwood region as the official "U-Pick Capital of the World." The region is not only home to the oldest U-Pick farm west of the Mississippi River, but also holds the highest concentration of U-Pick farms within a defined geographical area.

G. Harvest Time’s mission and the initiatives undertaken are consistent with the City’s Agricultural Enterprise Program.

H. The Parties seek to promote the Brentwood region's status as the U-Pick Capital of the World. This commitment includes, but is not limited to, the development and execution of effective marketing strategies and campaigns the initiative.

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2 NOW, THEREFORE, IT IS HEREBY AGREED by the Parties as follows:

1. Purpose. City shall provide funding from Agricultural Mitigation fee funds to assist in financing programs associated with Brentwood’s Agricultural Preservation and Enterprise Program for lands located within or adjacent to Brentwood or its approved sphere of influence pursuant to City Ordinance No. 877 (as codified in Section 17.730 of the City’s Municipal Code).

2. Responsibilities of Harvest Time. Along with the terms and conditions of this MOU, Harvest Time agrees to be responsible for and complete those items set forth in the Exhibit “A”, attached hereto and by this reference incorporated herein. Harvest Time and its representatives will diligently perform all activities as described in Exhibit “A” and implement the programs in accordance with applicable provisions of law.

3. Responsibilities of the City. Along with the terms and conditions of this MOU, the City agrees to be responsible for and complete those items set forth in the Exhibit “B”, attached hereto and by this reference incorporated herein.

4. Relationship of the Parties. Harvest Time is free from the control and direction of the City, in pursuit of the Harvest Time’s independent calling, and not as an employee of the City. It is understood that this is a MOU by and between two parties and is not intended to, and will not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractors. Any persons used or hired by the Harvest Time to provide services under this MOU shall not be considered employees or agents of City for any purposes whatsoever. Any terms in this MOU referring to direction or instruction from the City shall be construed as providing for direction as to policy and the result of Harvest Time’s services only, and not as to the means by which such a result is obtained.

5. Term. This MOU will commence on the Effective Date and, unless terminated earlier pursuant to this MOU, will terminate June 30, 2027.

6. Grant Payment. For the term of this MOU, the City Council will provide the grant payments as more particularly outlined in Exhibits “A” and “B” in an amount not to exceed Two Hundred FortyFour Thousand, Two Hundred Dollars ($244,200.00). Harvest Time will invoice City on a quarterly basis for actual cost incurred by Harvest Time and pursuant to the terms described in Exhibit “B”.

6.1 Harvest Time will be reimbursed for actual costs incurred in completing the programs, activities, and services identified in this MOU and as provided for in Exhibits “A” or “B”. Any additional programs, activities and services provided not identified in this MOU will be at the sole costs of Harvest Time and not be reimbursable by the City.

6.2 Grant funds provided by the City under this MOU shall only be used for the purposes for which the funds were granted and shall be consistent with the authorized uses for the source of funding by the City and for no other purpose. No grant fund shall be used for political campaigning purposes or activities.

6.3 With respect to the funds disbursed by City under this MOU, Harvest Time agrees that if Harvest Time claims or receives payment from City for an expense that was deemed eligible and that payment or reimbursement is later disallowed by a local, state or federal government or by order, Harvest Time shall promptly refund the disallowed amount to the City upon City’s request.

7. Indemnity. Harvest Time shall hold harmless, defend and indemnify City, its officers, agents, volunteers and employees from and against any and all claims, demands, costs or liability including attorney fees arising out of or in any way connected with the performance of this MOU, caused in whole or in part by any act or omission by Harvest Time, any of its officers, employees, agents, subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extent caused by the active negligence, sole negligence, or willful misconduct of City.

8. Insurance. Harvest Time shall obtain and maintain, at its cost and expense, for the duration of the MOU and any amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Harvest Time or Harvest

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3 Time’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII."

8.1 Coverages and Limits. Harvest Time will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney, approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Harvest Time's indemnification obligations under this MOU. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Harvest Time pursuant to this MOU are adequate to protect Harvest Time. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance. Harvest Time will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Harvest Time believes that any required insurance coverage is inadequate, Harvest Time will obtain such additional insurance coverage, as Harvest Time deems adequate, at Harvest Time's sole expense.

8.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this MOU or the general aggregate will be twice the required per occurrence limit.

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

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

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

8.2 Endorsements. For Commercial General Liability Insurance, Harvest Time will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional insureds. Prior to City's execution of this MOU, Harvest Time will furnish, to the satisfaction of the City, certificates of insurance and endorsements.

8.3 Cancellation. Insurance will be in force during the life of the MOU and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the notice provisions of this MOU.

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

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

8.6 Primary Coverage. For any claims related to the Services and this MOU, the Harvest Time’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of Harvest Time’s insurance and not contributory with it.

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4 8.7 Reduction in Coverage/Material Changes. Harvest Time will notify City in writing pursuant to the notice provisions of this MOU thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this MOU or any material changes to the respective insurance policies.

8.8 Waiver of Subrogation. The policies will contain a waiver of subrogation for the benefit of City.

8.9 This Section 8 will survive the expiration of this MOU

9. Non-discrimination. The Parties will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. During the performance of this MOU, Harvest Time shall not unlawfully discriminate, harass or allow harassment against any employee, City employee, applicant for employment with Harvest Time, or against any person seeking accommodations, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, because of sex (gender), race, color, creed, religion, national origin, ancestry, age, sexual orientation, gender identity, domestic partner status, marital status, medical condition, physical or mental disability.

Harvest Time acknowledges that, pursuant to the American Disabilities Act (ADA) of 1990, (42 U.S.C. §12101 et seq.) programs, services and other activities provided by a public entity to the public, whether directly or indirectly, must be accessible to the disabled public. Harvest Time shall not discriminate against any person protected under the ADA and shall comply at all times with the provisions of the ADA. Harvest Time shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this MOU.

10. Labor Code Compliance. To the extent that any work performed by or for Harvest Time pursuant to this MOU requires the payment and reporting of payment of prevailing wages pursuant to state law, such obligation is the responsibility of Harvest Time. Harvest Time agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this MOU to assure that the prevailing wage provisions of the Labor Code are being met. Current California Department of Industrial Relations (DIR) requirements may be found at:
http://www.dir.ca.gov/lcp.asp. Please refer to the DIR’s Public Works Manual for more information at:
http://www.dir.ca.gov/dlse/PWManualCombined.pdf. Harvest Time affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance, and Harvest Time affirms that it will comply with such provisions before commencing the performance of the work under this MOU and will make its contractors and subcontractors aware of this provision.

11. Harvest Time to Pay All Taxes. Harvest Time shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this MOU or any of the activities contemplated by this MOU.

12. Use of City Real Property. If at any time this MOU entitles Harvest Time to the possession, occupancy or use of City real property for private gain, then Harvest Time, on behalf of itself and any subcontractors, successors and assigns, recognizes and understands that this MOU may create a possessory interest subject to property taxation and Harvest Time, and any subcontractor, successor or assign, may be subject to the payment of such taxes. Harvest Time shall provide such other information as may be requested by City to enable City to comply with any reporting requirements under applicable law with respect to possessory interests.

13. Entire Agreement. This MOU and its Exhibits “A” and “B” contain the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this MOU. In case of a conflict between the terms of this MOU and any Exhibit attached, the terms of this MOU will prevail. No testimony or evidence of any such representations, understandings, or covenants will be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this MOU.

14. Amendments. Changes to the terms and conditions of this MOU will be made only by

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5 written amendment signed by the Parties.

15. Notices. All notices with respect to this MOU will be given in writing by first class mail to the Parties, or to such other persons’ addresses or telephone numbers as the Parties may designate in writing from time to time as follows:

City: City of Brentwood
Attention: Abraham Salinas, Senior Analyst
City Manager – Economic Development
150 City Park Way
Brentwood, CA 94513
Harvest Time: Harvest Time
Attention: Jessica Enos, President
P.O. Box 810
Brentwood, CA 94513
Notice will be deemed effective on the date personally delivered or, if mailed, 3 days after depositing it in the United States Mail. Harvest Time must notify City within 14 days of any change to its mailing address.

13. Termination. Either Party may terminate this MOU at any time after a discussion and delivery of written notice to the other Party, with such termination effective immediately. In the event of termination of this MOU, any unexpended funds will be returned to the Party that has contributed them.

Harvest Time shall relinquish all materials and files related to this MOU to the City upon termination.

14. Assignment. Neither Party will assign any right or obligation pursuant to this MOU without the written consent of the other Party. Any attempted or purported assignment without the written consent of the other Party will be void and of no effect.

15. Third Parties. This MOU does not confer any benefits to any third party.

16. Governing Law and Venue. The formation, interpretation and performance of this MOU shall be governed by the laws of the State of California, without regard to conflict of laws principles. Any action at law or in equity brought under this MOU for the purpose of enforcing a right or rights provided for by this MOU will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

17. Paragraph Headings. Paragraph headings are used for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning of the paragraphs.

18. No Waiver. Waiver by either Party of any default, breach or condition precedent of this MOU will not be construed as a waiver of any other default, breach or condition precedent or of any other right under this MOU.

19. Severability. If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.

20. Maintenance of Records. Harvest Time will maintain complete and accurate records with respect to costs incurred under this MOU. All records will be clearly identifiable. Harvest Time 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 MOU. Harvest Time will allow inspection of all work, data, documents, proceedings, and activities related to the MOU for a period of forty-two (42) months from the date of final payment under this MOU.

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6 21. Signatures.

21.1 Counterparts. This MOU 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.

21.2 Digital/Electronic Signatures. Using a City-approved method, this MOU 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 MOU will be construed as the Parties’ consent to do business electronically.

22. Authority. The individuals executing this MOU represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this MOU on behalf of the respective legal entities of the Parties.

Harvest Time:

By:

Jessica Enos,
President
By:

Patrick Johnston,
Vice President
City of Brentwood:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

By:

Katherine Wisinski, Interim City
Attorney

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7 Exhibit A
Harvest Time Responsibilities

1. Administration of Harvest Time:

A. Harvest Time is a non-profit corporation, duly organized and validly existing and in good standing under the laws of the jurisdiction in which it was formed. Harvest Time has established and maintains valid non-profit status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended, and all rules and regulations promulgated under such Section. Harvest Time has duly authorized by all necessary action the execution, delivery and performance of this MOU.

Harvest Time has duly executed and delivered this MOU and this MOU constitutes a legal, valid and binding obligation of Harvest Time, enforceable against Harvest Time in accordance with the terms hereof. Harvest Time, its Board of Directors (“Board”) and its appointed representatives are solely responsible for administrative operations of its organization.

B. Harvest Time shall implement and administer the U-Pick Capital Program.

C. Harvest Time will recruit, hire and retain its own personnel. The activities and services shall be performed and implemented by qualified personnel under the direction and supervision of Harvest Time.

2. Administration of U-Pick Capital Program:

A. In exchange for City financial assistance, Harvest Time will hire a person to serve as Program Manager for the U-Pick Capital Program. The Program Manager reports directly to Harvest Time Board of Directors, and is responsible for the implementation of the U-Pick Capital Program.

B. The program manager hired personnel will perform the following on behalf of Harvest Time:
i. Develop and maintain effective relationships with Harvest Time members, community groups, public officials, City staff and the public. ii. Develop and execute marketing plans and campaign to promote the U-Pick Capital Program.
iii. Work with the Board to identify and target specific audiences through market research and analysis.
iv. Develop and manage content strategy that aligns with the Board goals and objectives.
v. Work with current outside contractors to develop and maintain social media efforts including media announcement, marketing initiatives, creating engaging content, and monitoring engagement metrics.
vi. Collaborate with designers, photographers, and other creative professionals to produce high-quality marketing materials such as maps, brochures, flyers, and videos.

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8 vii. Attend monthly Harvest Time meetings and report directly to the Board of Directors. viii. Meet quarterly, at minimum, with City representatives. ix. Provide the City and Harvest Time with a written quarterly update and comprehensive annual report.
x. Report to the City of Brentwood City Council and City staff, as requested. xi. Prepare, negotiate, review and administer contracts and grants for program operations; ensure that grant and budgetary guidelines are followed; coordinate with grant agencies to provide compliance reporting.
xii. Contribute to the overall effectiveness of Harvest Time by developing and coordinating work teams/committees, and by reviewing, recommending and implementing improved policies and procedures.
xiii. Analyze market trends, activities, and consumer behaviors to identify opportunities to promote agriculture in the Brentwood region.
xiv. Conduct customer research and analyze customer feedback improve the Brentwood region’s reputation of being the U-Pick Capital.
xv. Maintain a U-Pick Capital database.
xvi. Create revenue generation through event sales, sponsorships and other identified means of revenue development.

Any activity, function or service not specifically mentioned in Exhibits “A” or “B” are the responsibility of Harvest Time, which can be changed upon a separate written agreement between the Parties.

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9 Exhibit B
City Responsibilities

1. U-Pick Capital Program
The City will assist and support Harvest Time in promoting the Brentwood region as the U-Pick Capital including providing City staff administration services, and assistance with program development and implementation.

2. Program Manager Position
The City will provide financial assistance to Harvest Time for its hiring and employment of an UPick Capital Program Manager. The financial assistance provided by the City can be used for procuring contractors, personnel costs including wages, salary, payroll, benefits, and/or other direct administration costs as deemed acceptable by the City, in an amount not to exceed the following per fiscal year:

March 1, 2024 to June 30, 2024 - $55,000
July 1, 2024 to June 30, 2025 - $55,000
July 1, 2025 to June 30, 2026 - $55,000
Harvest Time will submit an invoice with supporting documentation to the City quarterly for actual costs incurred and the City will provide payment on a reimbursement basis. Harvest Time acknowledges that City financial support is not guaranteed following expiration of this MOU.

3. Marketing Activities
The City will provide financial assistance to Harvest Time for marketing activities related to the UPick Capital Program. The financial assistance provided by the City can be used to hire consultants, provide paid advertisements through various media outlets, produce digital or printed marketing materials, and/or other marketing activities deemed acceptable by the City, in an amount not to exceed the following per fiscal year:

March 1, 2024 to June 30, 2024 - $26,400
July 1, 2024 to June 30, 2025 - $26,400
July 1, 2025 to June 30, 2026 - $26,400
Harvest Time will submit an invoice with supporting documentation to the City quarterly for actual costs incurred and the City will provide payment on a reimbursement basis. Any activity, function or service not specifically mentioned in Exhibits “A” or “B” are the responsibility of Harvest Time, which can be changed upon a separate written agreement between the Parties.

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SUBJECT: An application for a General Plan amendment (GPA 24-001) to repeal the March 2023 Housing Element and adopt the City’s Housing Element Update for the period of 2023-2031 (6th Cycle), in compliance with State housing element law.

DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Senior Planner

TITLE/RECOMMENDATION
Staff recommends that the City Council review and adopt the attached resolution approving a General Plan amendment (GPA 24-001) to repeal the March 2023 Housing Element and adopt the City’s November 2023 Submittal to the California Department of Housing and Community Development (HCD) for the period of 2023- 2031 (6th Cycle), in compliance with State housing element law.

The General Plan 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 it may have a significant effect on the environment.

FISCAL IMPACT
There is no fiscal impact associated with approving the General Plan amendment. The cost of the Housing Element update is included in the adopted 2022/23 – 2026/27 Capital Improvement Program (CIP), which includes the Housing Element Update and Safety Element Update, CIP Project No. 337-37258, which has been funded by State grants and the General Fund.

BACKGROUND
The City formally initiated the 6th Cycle (2023-2031) Housing Element Update (HEU) in October 2021 with substantive public meetings beginning in April 2022. Since then, there have been a number of opportunities for the public to participate and provide comments, including ten public workshops, outreach events, and hearings before the Planning Commission and City Council to review key components of the Housing Element. After initial review and public input, the first Draft Housing Element was

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submitted to HCD on October 17, 2022. On January 13, 2023, HCD provided its formal response letter to City staff with comments on the initial draft.

On February 14, 2023, staff presented the City Council with HCD’s comments on the first draft Housing Element Update and requested direction and input on specific goals and policies to be incorporated into a revised second Draft Housing Element. An additional hearing was held before the Planning Commission on February 28, 2023.

The City Council approved Resolution No. 2023-31, adopted the second Draft Housing Element and authorized resubmittal to HCD on March 14, 2023. After public input and adoption, the adopted second Draft Housing Element was submitted to HCD on March 17, 2023. On May 16, 2023, HCD provided its formal response letter to the City staff, finding that the adopted Element did not comply with state law.

On August 8, 2023, staff presented the City Council with HCD’s comments on the adopted Housing Element Update and requested direction and input on three of the comments provided by HCD regarding new or modified programs that had the potential to impact future City policies. After receiving City Council direction, as well as additional public input, staff met with HCD four times to discuss draft revisions culminating in the third and final Draft Housing Element, which was submitted to HCD on November 3, 2023. The November 2023 HCD Submittal draft is hereby referenced as the “Final Draft Housing Element.” On January 2, 2024, HCD provided its formal response letter to City staff. The letter stated that the City’s Final Draft Housing Element was in substantial conformance with State law and that the Final Draft Housing Element submitted to HCD on November 3, 2023, met all of the statutory requirements described in HCD’s May 16, 2023, review letter. The final HCD letter is included for the City Council’s reference as Attachment 2.

The Final Draft Housing Element, attached to the resolution that is put forth for City Council review, represents a culmination of the process to date incorporating responses to all of HCD’s comments, as well as previous feedback and direction from the City Council. The attached Final Draft Housing Element is a redline showing all changes that have been made since the previously adopted March 2023 Housing Element.

On January 16, 2024, staff presented the Final Draft Housing Element to the Planning Commission. After significant deliberation, the Planning Commission recommended that the City Council should not approve the General Plan amendment and associated Housing Element Update. The Planning Commission findings for this recommendation to the City Council are outlined in the attached Resolution No. 24-005.

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DISCUSSION

HOUSING ELEMENT REQUIREMENTS
The Housing Element is one of seven State-mandated elements of the City’s General Plan and is a comprehensive statement by the community of its current and future housing needs and proposed actions to facilitate the provision of housing to meet those needs at all income levels. Rising housing costs are not just a statewide or regional issue, but directly impact Brentwood residents and those faced with rising housing prices and increased incidence of homelessness.

Periodic updating of the Housing Element is required by State law; and thus, the Element provides a vehicle for the State’s housing goal of "attaining decent housing and a suitable living environment for every California family," as well as incorporating the unique concerns of the community. The previous Housing Element, which was adopted by the City Council and certified by the State in 2015, covered the planning period from 2015-2022 (the 5th Cycle). A Housing Element Update for the current housing element planning period (the 6th Cycle) was required to be adopted by January 31, 2023, to address the period from 2023-2031. It was adopted by the City Council on March 14, 2023.

State law establishes a series of very specific requirements as to the scope, content, and process by which a Housing Element is updated and adopted, including review and approval (known as certification) by HCD.

Unlike the majority of the other required General Plan elements, the Housing Element must include very specific information to ensure compliance with the variety of complex housing laws. In accordance with State law, Brentwood’s Housing Element must look at housing trends, zoning and market constraints, and evaluate various approaches to meeting housing needs across income levels. The inventory of available sites, or “Sites Inventory,” is a key component of a Housing Element in which the City must identify land zoned for housing to meet the Regional Housing Needs Allocation (RHNA). Local governments must involve the public from all economic segments of the community in developing the Housing Element.

Additional information, including summaries of the various required components of the Housing Element, can be found within the January 16, 2024 Planning Commission agenda report.

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SUMMARY OF HCD COMMENTS AND REVISIONS
On August 8, 2023, staff presented the second HCD comment letter to the City Council, along with a preliminary draft of proposed revisions to the Housing Element policies and programs/actions requesting direction and input to be incorporated into the Final Draft Housing Element. Based on City Council direction and HCD comments provided in its May 2023 letter, a number of actions/programs were modified or added to the previously adopted Housing Element. Some of the new actions/programs were required per State law, and some are in response to the requirement to address housing constraints. The three major programs which were reviewed and added by the City Council on August 8, 2023 that have the potential to impact future policies include the following:

Action H.1t: Mid-Point Policy (page 4-10 within the attached November 2023 Housing Element)
The City shall remove its mid-point policy to remove any added discretion or constraints, such as requiring the exercise of transferable agricultural credits, significant added amenities, extensive off-site public improvements, or other significant improvements for projects requesting densities above the mid-point for all residential land use categories.

Action H.1r: Parking Standards for Studios and 1-Bedroom Units (page 4-9 within the attached November 2023 Housing Element)
The City shall amend its parking standards for multi-family by requiring 1.5 parking spaces per 1-bedroom units and 1 parking space per 0-bedroom units.

The City will also continue to provide parking reductions as needed and for projects that comply with the City’s Affordable Housing Ordinance.

Action H.1s: CUP and Design and Site Development Review Findings (page 4-9 within the attached November 2023 Housing Element) As part of the Zoning Code Update, the City shall amend approval findings for CUP and Design and Site Development Review applications to replace subjective language with objective standards.

FINAL RESIDENTIAL ANALYSIS CAPACITY
The City is not required to rezone any properties in order to address the RHNA.

Appendix B (Candidate Sites Analysis) within the Housing Element identifies available sites for housing development to ensure that there is adequate capacity to address the RHNA in each of the affordability categories. As shown in Appendix B, the City's

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existing zoning (i.e., residential development capacity that exists currently within Brentwood’s residential and mixed-use zoning districts) and “pipeline” of entitled projects is estimated to accommodate approximately 3,103 housing units; this number includes 112 ADUs that it is assumed will be built during the Housing Element period. Although HCD requested additional information on the City’s background information and analysis of the sites, no changes to the sites were required in the Final Draft Housing Element. Therefore, staff made no changes to the inventory from the March 2023 adoption. The Residential Analysis Capacity remains the same and is shown below for reference.

Table 1: Summary of Residential Capacity Analysis
Very
LowIncome
LowIncomeModerateIncome
Above
ModerateIncomeTotal
2023-2031 RHNA
Allocation 402 232 247 641 1,552
Capacity Under Existing Zoning
Projects Currently in the
Pipeline 3 5 1,011 1,019
Projected ADU Production 66 34 12 112
Remaining Need 565 208 0 421
PA-1 (Innovation Center) 464 229 833 1,526
Vacant Residential Land 156 68 222 446
Total Unit Potential 689 336 2,078 3,103
Units +/- and Buffer/Gap
%
+55 units, 9% +89 units,
36%
+1,437
units, 224%
+1,551
units, 100%

PLANNING COMMISSION RECOMMENDATION AND THE CONSEQUENCES OF

NOT HAVING A HOUSING ELEMENT IN COMPLIANCE WITH STATE LAW On January 16th, the Planning Commission recommended that the City Council should not approve the General Plan amendment and associated Housing Element Update.

However, staff is recommending that the City Council adopt the attached Resolution approving a General Plan amendment to adopt the Final Draft Housing Element, included as an attachment to the proposed resolution. Staff understands this recommendation differs from the Planning Commission’s recommendation, but adoption by the City Council (and the subsequent certification anticipated by HCD) is critical for several reasons. As detailed further below, jurisdictions with noncompliant

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Housing Elements have been subject to lawsuits and payment of attorney fees, loss of permitting authority and financial penalties.
“Builder’s Remedy” Applications
The so-called “Builder’s Remedy” is a tool that exists within the State’s Housing Accountability Act1(HAA). The HAA generally requires that, a city must be able to make particular findings if it desires to deny or reduce the density of an application for a housing development project that complies with applicable, objective general plan, zoning, and subdivision standards and criteria (including design review standards) in effect at the time the application is deemed complete. These findings are that the project would (1) have a specific, adverse impact on public health or safety, and (2) there is no feasible way to mitigate or avoid this impact, other than by denying the project or requiring a lower density.2
However, if the proposed project includes either (1) 20% lower-income units, or (2) 100% moderate-income units, then the City must make one of five additional findings to deny the project. One of these findings is that the project does not comply with both the zoning ordinance and the general plan land use designation. However, this finding cannot be made unless the City has adopted a housing element in substantial compliance with State law.3 Some developers have submitted projects to cities that violate either the zoning or the general plan and have asserted that the city cannot deny their project because the city has not adopted a housing element in compliance with State law, and the city cannot make any of the other four findings. This is called the “Builder’s Remedy,” in reference to a “remedy” available to builders for a city’s alleged non-compliance with State housing element law.

While the Builder's Remedy was enacted over thirty years ago, in past housing element cycles it was not used frequently. In this cycle, developers have been much more willing to propose such projects. Although the City has a March 2023 adopted Housing Element that the City Council found to be in compliance with State law, HCD did not agree that the Element was in compliance. There is no presumption that an Element is out of compliance if HCD does not approve it. However, recent attempts by Beverly Hills and La Canada-Flintridge to defend their elements (which had not been approved by HCD) failed in the Los Angeles County Superior Court, although both cases are on appeal. While it may be argued that the City is still in substantial compliance with State law and that the Builder’s Remedy is not applicable, the City

1 Government Code Section 65589.5
2 Government Code Section 65589.5(j)(1)
3 Government Code Section 65589.5(d)(5)

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will have a much stronger defense against any challenge if the November 2023 Housing Element is adopted by the City Council and then certified by HCD.

HCD Enforcement Actions
HCD is authorized to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or housing element law.

HCD may refer a city that is not complying with housing element law to the Attorney General. Based on the experience of Southern California cities, many of which missed their adoption deadlines for this particular cycle, cities making continued good faith efforts to address HCD comments to adopt a substantially compliant Housing Element have in general not been subject to enforcement by the Attorney General. However, the Attorney General has challenged cities, such as the City of Coronado, that it may perceive as resisting conformance with State law. HCD has also indicated that it may refer additional cities to the Attorney General who have either not adopted compliant elements or have not adopted required zoning. So long as Brentwood continues its efforts to adopt a compliant Housing Element, HCD enforcement is unlikely.

Court Actions
Lawsuits from Third-Parties
Developers and advocates may bring their own lawsuits against the City. At least ten cities have been sued by advocates in Southern California, and advocacy groups like YIMBY Law have already sued at least 12 cities in the Bay Area. These lawsuits primarily demand that the cities acknowledge they are subject to the Builder’s Remedy. However, third parties have expanded these cases to challenges to the housing element itself, as occurred in Beverly Hills and La Canada-Flintridge. If a court finds that a city’s housing element does not comply with state law, the court will typically order that the city adopt a housing element on a mandated schedule.

Successful plaintiffs are usually entitled to attorney’s fees.

Loss of Permitting Authority
Courts have authority to take local government residential and nonresidential permit authority to bring the jurisdiction’s General Plan and housing element into substantial compliance with State law. The court may suspend the locality’s authority to issue building permits or grant zoning changes, variances, or subdivision map approvals.

Courts also have the authority to order the approval of proposed housing developments. A recent example of this is a Los Angeles Superior Court judge’s order in a case involving Beverly Hills. Beverly Hills has continued to work with HCD to obtain a certified Housing Element; however, it does not yet have a Housing Element certified by HCD and has been sued by a number of advocates. The judge issued an

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order in the case on December 21, 2023, prohibiting Beverly Hills from issuing building permits for anything other than new residential development until such time as it has an HCD-certified Housing Element. Beverly Hills has appealed the decision.

Financial Penalties and Court Receivership
Courts may issue judgements directing a jurisdiction to bring its housing element in substantial compliance with state housing element law. If a jurisdiction’s housing element continues to be found out of compliance, courts can multiply financial penalties by a factor of six. Courts may also appoint an agent with all powers necessary to remedy identified housing element deficiencies and bring the jurisdiction’s housing element into substantial compliance with housing element law.

Ineligibility for Various Funds
Many State and regional funding sources require a certified housing element or provide priority for cities with housing elements certified by HCD. These include, but are not limited to, the following:
 Affordable Housing and Sustainable Communities Grants (AHSC)  SB 1 Planning Grants
 CalHOME Program Grants
 Infill Infrastructure Grants
 Local Housing Trust Fund
 Pro-Housing Designation Funding
 Regional transportation funds (e.g., MTC’s OneBayArea Grants)

NEXT STEPS
The next key steps in the Housing Element include:
 February 14, 2024 – If adopted by the City Council, staff submits the adopted Final Housing Element to HCD.
 April 14, 2024 – HCD has up until this date (60 days after adoption by the City Council) to certify the final Housing Element. However, since HCD’s substantial conformance letter did not require any additional edits, staff anticipates that this approval may happen sooner.
 Policy and Program Implementation, On-going – Staff has already begun to implement various policies and programs within the Housing Element including updates to the City’s Density Bonus Ordinance. Additional Zoning Code updates will continue to be processed throughout 2024 and into 2025 as identified within the Housing Element. In addition, each year an Annual Progress Report

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(APR) will be presented to the City Council in March with a summary of the City’s progress towards meeting our Housing Element goals.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 4: Community Development
Provide a diversity of housing opportunities, including equitable distribution of affordable housing for all socio-economic segments of the Brentwood community.  Update the City’s Housing Element including: an evaluation of the 2015 Housing Element; assessment of housing needs, resources, constraints; approval of an updated Regional Housing Needs Allocation; and adoption of housing goals, policies, and actions.

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

DATE OF NOTICE
Advertisement of this item was published in The Brentwood Press on February 2, 2024. In addition, email notification was sent to all interested parties who have signed up on the City’s Housing Element website (brentwoodhousingelement.com). As of February 7, 2024, no comments have been received.

ENVIRONMENTAL DETERMINATION
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section §15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposed 2023-2031 Housing Element Update would have a significant effect on the environment, in that no new policies adopted modify the density or physical design of housing and so do not have the potential for causing a reasonably foreseeable direct or indirect change in the physical environment.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation. Not complying with state law will trigger negative consequences as outlined in the staff report.

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

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

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ATTACHMENT(S)

1. Previous Action

2. HCD letter dated January 2, 2023

3. City Council Resolution
a. HCD Comment Matrix
b. Statutory Provisions Checklist
c. November 2023 HCD Submittal Housing Element

4. Planning Commission Agenda Report – January 16, 2024

ATTACHMENT 1

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

On October 12, 2021, the City Council authorized execution of an agreement with KimleyHorn for consulting services to assist with preparation of the 2023-2031 (6th RHNA Cycle) Housing Element Update.

On April 14, 2022, staff presented an introduction to the Housing Element Update at a joint City Council/Planning Commission workshop.

On June 1, 2022, staff presented a status report on the Housing Element Update, including Regional Housing Needs Allocation (RHNA) site strategies, and implications of new State legislation on the City’s policies and programs to the City Council and Planning Commission. The City Council directed staff to return with a draft site inventory for review.

On July 21, 2022, staff presented the City Council a draft site inventory with an introduction of the analysis of existing residential zoning capacity within the city, as well as an evaluation of site inventory and affordability assumption strategies needed to address the City’s RHNA. The City Council directed staff to move forward with drafting a Housing Element Public Review Draft that reduced buffers within the draft sites inventory to 15%-20% (if feasible), added policies incentivizing ADU production, and added policies encouraging development on City-owned parcels.

On August 15, 2022, staff presented a revised site inventory, as well as a status report on the Housing Element Update, to the City Council’s Land Use and Development Committee (LUD). Staff requested that LUD provide any additional input on the Housing Element Update, including affirmation of staff’s approach to the draft sites inventory. Staff received input on the Housing Element Public Review Draft.

On August 30, 2022, staff presented an introduction to the City Council on the Public Review Draft Housing Element, including an overview of the Housing Element Update process and timeline, and instructions on how the public could provide comments and participate in the upcoming public outreach. The meeting was informational and no action or direction was requested or provided.

On September 20, 2022, staff presented the Public Review Draft Housing Element to the Planning Commission, followed by a presentation to the City Council on September 27, 2022. Presentations included an introduction to the Public Review Draft Housing Element and an overview of the Housing Element Update process and timeline. At the conclusion of the City Council meeting, the City Council provided comments on the 2023-2031 (6th

Attachment 1
Cycle) Draft Housing Element, and authorized submittal of the Draft Housing Element to the State Department of Housing and Community Development (HCD).

On October 17, 2022, the City submitted its first Draft Housing Element to HCD for the initial 90-day review period.

On January 13, 2023, HCD provided a letter to City staff with comments on the initial draft.

On February 14, 2023, staff presented the initial HCD comments to the City Council, along with a preliminary draft of proposed revisions to the Housing Element policies and programs/actions requesting direction and input to be incorporated into the revised Housing Element.

On February 28, 2023, staff presented the revised Draft Housing Element (dated February 2023) to the Planning Commission, who did not recommend the City Council approve the General Plan update of the Housing Element for 2023-2031 (6th Cycle).

On March 14, 2023, the City Council approved the General Plan update of the Housing Element for 2023-2031 (6th Cycle) and adopted the revised Draft Housing Element (dated March 2023)
On March 17, 2023, the City submitted its second Draft Housing Element to HCD for the 60-day review period.

On May 14, 2023, HCD provided its second letter to City staff with comments on the second draft.

On August 8, 2023, staff presented the second HCD comment letter to the City Council, along with a preliminary draft of proposed revisions to the Housing Element policies and programs/actions requesting direction and input to be incorporated into the revised Housing Element.

On November 3, 2023, the City submitted its third Draft Housing Element to HCD for the 60-day review period.

On January 2, 2024, HCD provided its second letter to City staff providing its findings and concluding that the draft Housing Element dated October 2023 meets the statutory requirements that were described in HCD’s May 16, 2023 review letter. In addition, the housing element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when it is adopted, submitted to and approved by HCD, in accordance with Government Code section 65585.

On January 16, 2024, staff presented the revised Housing Element (dated November 2023) to the Planning Commission, who recommended the City Council does not approve the General Plan update of the Housing Element for 2023-2031 (6th Cycle).

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
January 2, 2024
Alexis Morris, Director
Department of Community Development
City of Brentwood
City Hall, 150 City Park Way
Brentwood, CA 94513

Dear Alexis Morris:

RE: City of Brentwood’s 6th Cycle (2023-2031) Revised Draft Housing Element Thank you for submitting the City of Brentwood (City) revised draft housing element received for review on November 3, 2023. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from East Bay for Everyone pursuant to Government Code section 65585, subdivision (c).

The revised draft element meets the statutory requirements that were described in HCD’s May 16, 2023 review. The housing element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when it is adopted, submitted to and approved by HCD, in accordance with Government Code section 65585.

Additionally, the element acknowledges that several sites are not considered vacant due to agricultural production. This is also reflected in the City’s electronic sites inventory where majority of the sites are listed with existing uses such as “agricultural or open space”. As a result, the element appears to rely upon nonvacant sites to accommodate more than 50 percent of the regional housing need allocation (RHNA) for lower-income households. As part of adoption, the City must make findings based on substantial evidence, the existing uses will be presumed to impede additional residential development. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution), the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the City did not adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), Program H.2o (By-right Development of 5th and 4th Cycle Sites) to make prior identified sites available to accommodate the RHNA must be completed no later than one year from the statutory deadline. Otherwise, the local Attachment 2

Alexis Morris, Director

government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City does not adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until all necessary rezones are completed pursuant to Government Code section 65583, subdivision (c)(1)(A) and Government Code section 65583.2, subdivision (c).

Public participation in the development, adoption, and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD appreciates the hard work and commitment that you and your staff provided in the preparation of the City’s housing element and looks forward to receiving the City’s adopted housing element.. If HCD can provide assistance, please contact Jamillah Williams, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
Attachment 2

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A GENERAL PLAN AMENDMENT
(GPA23-001) TO REPEAL THE MARCH 2023 HOUSING
ELEMENT AND ADOPT THE NOVEMBER 2023 HOUSING

ELEMENT OF THE GENERAL PLAN FOR THE PERIOD OF
2023-2031, IN COMPLIANCE WITH STATE HOUSING
ELEMENT LAW.

WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Gov. Code Section 65589.5.); and WHEREAS, the Legislature has further found that “[a]mong the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration” (Gov. Code Section 65589.5.); and WHEREAS, the Legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that “[i]n 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and WHEREAS, the State Housing Element Law (Government Code Sections 65580, et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Brentwood (City) regional housing need allocation (RHNA) of 1,522 housing units, comprised of 402 very-low income units, 232 low-income units, 247 moderate-income units, and 641 above moderate-income units; and WHEREAS, to comply with the State Housing Element Law, Brentwood has prepared the 2023-2031 Housing Element, titled: November 2023 HCD Submittal, Attachment 2 to the resolution and incorporated herein by reference (the Housing Element) in compliance with the State Housing Element Law and has identified sites that can accommodate housing units meeting the City’s RHNA; and
WHEREAS, as provided in Government Code Section 65350, et. seq., adoption of the Housing Element constitutes a General Plan Amendment; and

2 WHEREAS, the Housing Element must be adopted to comply with State law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and WHEREAS, as provided in Government Code Sections 65352 Section 65352.5, the City referred the Housing Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed; and
WHEREAS, no California Native American tribe requested consultation; and
WHEREAS, the preparation, adoption, and implementation of the Housing Element requires a diligent effort to include all economic segments of the community; and
WHEREAS, the City conducted extensive community outreach over the last 25 months, including 13 public workshops, outreach events, and hearings before the Planning Commission and City Council; and
WHEREAS, in accordance with Government Code Section 65585 (b), on August 25, 2022, the City posted the draft Housing Element and requested public comment for a 30-day review period, and on October 17, 2022, after responding to public comments, the City submitted the first draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and
WHEREAS, on January 13, 2023, the City received a letter from HCD providing its findings regarding the draft Housing Element; and WHEREAS, on February 21, 2023, City staff met with an HCD representative to discuss HCD’s findings and the City’s proposed revisions to the draft Housing Element in response; and
WHEREAS, on February 17, 2023, the City gave public notice of a Planning Commission public hearing to be held to consider adoption of the Housing Element by advertisement in the Brentwood Press, a newspaper of general circulation, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on February 23, 2023, the City published a revised draft Housing Element dated February 2023, responding to HCD’s findings, and requested public comment on the draft; and
WHEREAS, on February 28, 2023, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider a Resolution regarding the proposed Housing Element, reviewed the

3 Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments received by the conclusion of the meeting. Following the public hearing, at which no member of the public spoke, the Planning Commission did not recommend that the City Council adopt the proposed resolution; and
WHEREAS, on March 3, 2023, the City gave public notice of a City Council public hearing to be held to consider adoption of the Housing Element by advertisement in the Brentwood Press, a newspaper of general circulation, in accordance with City policies and Government Code Section 65090; and WHEREAS, on March 9, 2023, the City published a revised draft Housing Element dated March 2023, further responding to HCD’s findings, and requested public comment on the draft; and
WHEREAS, on March 14, 2023, the City Council held a duly-noticed public hearing to consider this resolution regarding the proposed Housing Element, including: (1) the public testimony, oral and written, and agenda reports and all attachments prepared in connection with the resolution, (2) the revisions and considerations discussed therein, (3) the recommendations of the City’s Planning Commission, (4) HCD’s findings and the proposed City response to HCD’s findings, and (5) all pertinent maps, documents and exhibits and all oral and written public comments received by the conclusion of the meeting; and
WHEREAS, on March 14, 2023, the City Council approved GPA 23-001 to repeal the 2015 Housing Element and adopt the draft Housing Element dated March 2023; and
WHEREAS, on March 17, 2023, after responding to public comments, and after being available for review for at least seven days, the City submitted the adopted second draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and
WHEREAS, on May 16, 2023, the City received a letter from HCD providing its findings regarding the draft Housing Element and stating that additional changes were required for the Element to conform with State law; and
WHEREAS, on June 6 and 7, 2023; July 10, 2023; August 29, 2023; September 11, 2023; September 29, 2023; and October 23, 2023, City staff met with HCD staff to discuss HCD’s findings and the City’s proposed revisions to the draft Housing Element in response; and
WHEREAS, on October 23, 2023, the City published a revised draft Housing Element dated October 2023, further responding to HCD’s findings, and requested public comment on the draft; and

4 WHEREAS, on November 3, 2023, after responding to public comments, and after being available for review for at least seven days , the City submitted the third draft Housing Element titled November 2023 HCD Submittal to the State Department of Housing and Community Development (HCD) for its review; and
WHEREAS, on January 2, 2024, the City received a third letter from HCD providing its findings and concluding that the draft Housing Element received by HCD on November 3, 2023 meets the statutory requirements that were described in HCD’s May 16, 2023 review letter; and WHEREAS, on January 5, 2024, the City gave public notice of a Planning Commission public hearing to be held to consider adoption of the Housing Element by advertisement in the Brentwood Press, a newspaper of general circulation, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on January 11, 2024, the City published the Planning Commission agenda report including the November 2023 HCD Submittal draft Housing Element previously made available to the public on October 23, 2023; and
WHEREAS, on January 16, 2024, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider a Resolution regarding the proposed Housing Element, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments received to date. Following the public hearing, at which one member of the public spoke, the Planning Commission voted to recommend that the City Council not adopt the proposed Housing Element; and
WHEREAS, on February 2, 2024, the City gave public notice of a public hearing to be held by the City Council to consider this resolution regarding the City’s Housing Element by advertisement in The Brentwood Press; and WHEREAS, on February 8, 2024, the City again published the November 2023 draft Housing Element, with no additional changes; and WHEREAS, on February 13, 2024, the City Council held a duly-noticed public hearing to consider this resolution regarding the proposed Housing Element, including: (1) the public testimony, oral and written, and agenda reports, including all attachments, prepared in connection with the resolution, (2) the revisions and considerations discussed therein, (3) the recommendations of the City’s Planning Commission, (4) HCD’s findings and the proposed City response to HCD’s findings, and (5) all pertinent maps,

5 documents and exhibits and all oral and written public comments received by the conclusion of the meeting; and
WHEREAS, the City has determined that the Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section §15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposed 2023-2031 Housing Element Update would have a significant effect on the environment, in that no new policies adopted modify the density or physical design of housing and so do not have the potential for causing a reasonably foreseeable direct or indirect change in the physical environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood based on the entire record of proceedings, including the oral and written staff reports and all public comment and testimony:

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

2. Hereby finds that:
a. The amendment is deemed to be in the public interest; This amendment is in the public interest in that it will support housing growth; work to address any imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration associated therewith; and allow the City take meaningful steps to promote and affirmatively further fair housing. The Housing Element also incorporates the City’s goals, quantifiable objectives, and policies to affirmatively further fair housing and the maintenance, preservation, improvement and development of housing per Government Code Section
65583(b), and is thus in the public interest.
b. The amendment is consistent and/or compatible with the rest of the General Plan as evidenced by, among other things:
i. The amendment implements General Plan Land Use Goal
LU 1 (‘Establish a land use pattern in Brentwood that
provides for a diverse, self-sufficient community that offers a broad spectrum of job opportunities, housing types,
community facilities, and commercial services’) insomuch as it plans for a broad spectrum of low, medium, and high density housing across the City.

6 ii. Housing Element Action H.1i (“Continue implementation of the City’s water Conservation Program. The program
promotes the use of water conservation devices in existing structures, including use of low-flow toilets and shower heads, and water-conserving landscaping”), is consistent with Conservation and Open Space Policy COS 9-6
(“Continue to require new development to incorporate
water efficient fixtures into design and construction”). iii. Housing Element Goal H.1 (“Facilitate a diversity of housing opportunities to enhance the City’s living environment and to satisfy the shelter needs of all Brentwood residents”), is consistent with Land Use Policy LU 2-8 (“Provide for a
variety of residential products through the Zoning
Ordinance in order to accommodate the housing needs of
all segments of the city’s population”).
iv. Housing Element Goal 3 (“Encourage an equitable
distribution of housing for all economic groups throughout the community”), is consistent with Land Use Policy LU 2- 7 (“Strongly encourage residential development in the city in a balanced and efficient pattern that reduces sprawl, preserves open space, and creates convenient connections to other land uses”). It also encourages residential
development in the city in such a way as to reduce sprawl, preserve open space, and create convenient connections to other land uses.
c. The potential impacts of the amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare; and
As noted above, the potential impacts of the amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare, insomuch as they will address the housing needs of the residents of the City of Brentwood and will not have the potential for causing a reasonably foreseeable direct or indirect change in the physical environment
d. The amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA).

7 As noted above, the Project is exempt from CEQA pursuant to Section §15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposed 2023-2031 Housing Element Update would have a significant effect on the environment, in that no new policies adopted modify the density or physical design of housing and so do not have the potential for causing a reasonably foreseeable direct or indirect change in the physical environment.

2. Finds that the Housing Element substantially complies with Housing Element Law, as provided in Government Code Sections 65580, et seq., and contains all provisions required by State Housing Element Law, as shown in Attachment 1B to this resolution, incorporated herein by this reference; and

3. Finds, as required by Government Code Section 65585(e), that the City Council has considered the findings made by the Department of Housing and Community Development included in the Department’s letters to the City dated May 16, 2023 and January 2, 2024, consistent with Government Code Section 65585(f) and as described in Attachment 1A to this resolution. In addition, the City Council finds that the modifications to the Housing Element in the November 2023 HCD Submittal responded to the findings of the Department and substantially comply with the requirements of State Housing Element Law as interpreted by HCD, including the Department’s findings of substantial conformance with State law as stated in the Department’s letter dated January 2, 2024.

4. Finds that based on substantial evidence in the record (contained in the record, including but not limited to Appendix B to the proposed amended Housing Element), the existing uses on the non-vacant sites in the Housing Element site inventory identified to accommodate the need for lower income housing do not constitute an impediment to planned residential development on the sites during the planning period. As required by Section 65583.2(g)(2) of the Government Code, the City further finds that, based on substantial evidence in the record, including but not limited to Appendix B, the existing uses on these non-vacant sites are likely to be discontinued during the planning period. The City has provided such substantial evidence in the Housing Element that the existing uses have already been or will be discontinued during the planning period. This is based on factors including, but not limited to, the physical characteristics, existing uses, redevelopment potential (including land value to improvement value ratio, existing structure age, existing uses not including housing units, City-owned sites, and developer interest), location and context, local knowledge,

8 environmental and infrastructure constraints, development trends, market conditions, current and past planning applications, regulatory incentives provided by the City, and owner interest. Specifically, four of the sites are vacant of structures and have improvement values of $0 but cannot be considered vacant due to their seasonal agricultural uses. Despite this classification, the property owners are working with developers to construct residential projects. The sites are not zoned for agriculture; however, the seasonal use allows the property owners to benefit from their land until they move forward with development.

5. Directs the Director of Community Development (Director) to transmit the adopted 2023-2031 Housing Element to HCD for its earliest action and review as provided by law; and further directs and authorizes the Director to make all non-substantive changes to the Housing Element as required to make it internally consistent, or to address any non-substantive changes or amendments requested by HCD to achieve a finding of conformance with State Housing Element Law. Should HCD require substantive changes to the adopted Housing Element, the City Council directs City staff to bring such changes or amendments back to the City Council for its further review and appropriate action; and

6. Finds that the Housing Element incorporates the City’s goals, quantifiable objectives, and policies to affirmatively further fair housing and the maintenance, preservation, improvement and development of housing per Government Code Section 65583(b), and is thus in the public interest; and

7. Repeals the March 2023 Housing Element and adopts the November 2023 Housing Element as shown in Attachment 2 and incorporated herein; and

8. This resolution shall become effective immediately upon its passage and adoption.

9 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at its regular meeting of the 13
th day of February 2024, by the
following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:

Joel Bryant, Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

10 ATTACHMENTS
Attachment 1 – Response to HCD Findings, Pursuant to Government Code section 65585, subdivision (b), HCD reviewed the draft Housing Element and reported the results of its review.

Attachment 1A describes the changes requested by HCD on May 16, 2023 and January 2, 2024 and the City of Brentwood’s response.

Attachment 1B demonstrates that the City of Brentwood’s Housing Element contains each of the elements mandated by State law.

Attachment 2 – Housing Element dated November 2023

APPENDIX

CITY OF BRENTWOOD
The following changes were made in response to the May 16, 2023 letter from HCD which were necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-communitydevelopment/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-elements/building-blocks and includes the Government Code addressing State Housing Element Law and other resources.

A. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2 shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Comment Response Page
Patterns and Trends:

While the element now includes additional discussion
regarding individual data points, as found in HCD’s prior review, the analysis of patterns and trends must also
analyze coincidences and overlaps with other components of the assessment of fair housing (e.g., income, race,
racially concentrated areas of affluence, etc.,)
Supplemental analysis has been added to assess overlaps with AFFH findings and study areas in the AFFH summary
section
3-135 –
3-142
Disparities in Access to Opportunities:

The element was not revised to address this finding.

Please see HCD’s prior review for additional information.

While the element included some data and high-level
statements regarding access to opportunities including
education, economic, and environmental, revisions will be needed to address this requirement. For example, to
address the analysis of access to educational
opportunities, the element includes a statement that
Supplemental analysis has been added to the AFFH
analysis and findings have been summarized for each focus area. This also includes historical information on past City actions and future actions to address certain issues.
3-102 –
3-107
3-135 –
3-142
ATTACHMENT 1A

Comment Response Page
southern census tracts has the highest educational
outcomes. To provide an analysis of economic
opportunities, the element summarized the city-wide job proximity, commute times, and unemployment rate. Lastly, to address analyzing environmental access and issues, the element notes that certain parts of the City have less
environmental scores compared to other neighborhoods. A complete analysis includes identifying various data points, analyzing that data for trends and patterns throughout the City, and identifying any concentrations or coincidences with other fair housing components.

Disproportionate Housing Needs:

Substandard Housing Conditions: While the element now
includes city-wide and general data on substandard
housing conditions, this data must be analyzed for trends and patterns across census tracts, neighborhoods, or
specific geographies. Additionally, as noted above, the element should analyze this data for coincidences with
other fair housing issues.

Supplemental analysis has been added for substandard
housing, including mapping.
3-116 –
3-118
Local Data, Knowledge, and Other Relevant Factors:

The element was not revised to address this finding.

Please see HCD’s prior review for additional information.

The element included some high- level information on hate crimes, lending patterns, and housing choice vouchers.

However, the element did not discuss how this data
relates, supports, or supplements the existing analysis, fair housing conclusions, or contributing factors. The element must consider other relevant factors that have contributed to certain fair housing conditions. This analysis must
consider information that is unique to the City or region, such as governmental and nongovernmental actions,
historical land use and zoning practices (e.g., past
redlining/greenlining, restrictive covenants, etc.), disparities Local data/knowledge has been added to the focus areas
with information on development history, city investments, CIP projects, etc.
3-138 –
3-142

Comment Response Page
in investment to specific communities, or other information that may have impeded housing choices and mobility. The element should complement federal, state, and regional
data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional advocates, public
comments, and service providers.

Sites Inventory and Affirmatively Furthering Fair
Housing (AFFH):

While the element was revised to include additional
analysis regarding the location of sites relative to
integration and segregation, the analysis must still evaluate sites relative to access to opportunities and racially
concentrated areas of affluence (RCAA). Please see
HCD’s prior review for additional information.

The AFFH Findings and Sites Summary section has been
updated to compare sites and RCAAs.
3-138 –
3-142
Contributing Factors to Fair Housing Issues: Upon a
complete AFFH analysis, the element must assess and
prioritize contributing factors to fair housing issues and add or modify programs as appropriate.

Two additional contributing factors have been added based on updated analysis.
3-135 –
3-136

2. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
Comment Response Page
Special Needs Households:

While the element was revised to include additional
information about proposed programs, as found in HCD’s
prior review, it did not include an evaluation of existing resources and needs for each special needs group
including seniors, farmworkers, homelessness and
extremely low-income (ELI) households. The element must discuss the existing resources to meet housing needs
(availability of shelter beds, number of large units, number Information on resources available to persons experiencing homelessness, number of large units, and deed restricted units has been added.

A variety of additional program actions have been added to Action H.4a: Affirmatively Furthering Fair Housing. Action H.4k: Emergency Shelters has also been updated to
include references to AB 2339 and allowing emergency
shelters by-right in at least one zone that allows residential uses.
2-25
3-123 –
3-134
4-22 – 4-
27 4-30

Comment Response Page
of deed restricted units, etc.,), an assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps.

3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Comment Response Page
Nonvacant Sites:

The element must provide an analysis demonstrating the
likelihood of nonvacant sites redeveloping into residential development. The element was revised to indicate the
uses on each site, include a general statement that
property owners have been involved and are supportive of redevelopment and provide examples of past projects with similar uses that have redeveloped into higher density
residential developments. While the element included
examples of past redevelopment projects, the analysis
must also consider current market demand for the existing use, existing leases or contracts that would perpetuate the existing use or prevent additional residential development or other relevant information to demonstrate the potential for redevelopment. For example, the element notes that
many of these sites are used for seasonal agriculture. The element could discuss how likely these uses will
discontinue through evaluating market demands for these uses. The element also noted that the property owners are supportive of redevelopment. The analysis could expand
on this information such as discussing the extent of owner interest including whether the property owners are
interested in selling or redeveloping their properties with the densities identified in the inventory during the planning period.

Language has been added detailing the written letters of support for three agricultural sites and Table B-7 with past projects on agricultural sites has been updated.

Table B-8 has also been updated with the vacancy status of agricultural sites.

Additional language has been added detailing the percent of lower income units on vacant sites.

B-11
B-17 –
B-20
B-11

Comment Response Page
Additionally, the sites inventory (Table B-8) noted several sites as vacant but also noted seasonal agricultural uses.

For your information, a vacant site is defined as a site with no improvements including sites generally with no crop
developments. The element should clearly indicate
whether sites are truly vacant or nonvacant by evaluating whether the sites include any improvements. For example, Site 11 in the inventory is described as vacant with
seasonal agricultural use; however, assessor parcel data indicates the site potentially has existing structures and an improvement value of $100,000. The element must
evaluate its sites and clearly identify whether sites are vacant or nonvacant.

HCD’s previous review found that the element did not rely upon nonvacant sites to accommodate more than 50
percent of the regional housing need allocation (RHNA) for lower-income households. However, based on the findings above regarding clearly identifying nonvacant sites and as found in HCD’s prior review, if future revisions and
modifications result in the City relying on nonvacant sites to accommodate more than 50 percent then the element must
demonstrate existing uses are not an impediment to
additional residential development and will likely
discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development
and will not be utilized toward demonstrating adequate
sites to accommodate the RHNA.

Realistic Capacity:

The element was revised to describe three high density
projects within the City of Brentwood and multiple projects from the City of Antioch as supporting information to
realistic capacity assumptions. However, the City is using The Realistic Capacity section has been updated to include further details on calculations for residential-only and mixed-use parcels. Additional explanation is adding noting that the residential-only parcels are calculated with a midpoint density which roughly equates to 80% of the Appendix
B

Comment Response Page
various pipeline projects and other development projects (Table B-7) to accommodate the RHNA, indicating that the City has several other projects that are excluded from the supporting information and does not necessarily need to utilize projects from nearby communities which may have unique features. As such, the element should provide
information on typical densities on all recent and pipeline projects including a listing of residential development activity, the zone, acreage, built density, allowable density, level of affordability and presence of exceptions such as a density bonus. Further, the element should analyze and
evaluate this data to support its realistic capacity
calculations. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of
existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.

The element was not revised to address HCD’s prior
review regarding gross and buildable site acreage. As
found in HCD’s prior review, the element stated that
realistic capacity assumptions were based on the buildable acreage of the site and that buildable acreage was
determined by discounting sites for environmental
constraints, infrastructure, or other necessary site
improvements. However, the sites inventory indicated that there were no discounts applied to sites i.e., gross, and buildable acreage are listed as the same.

Lastly, while the element was revised to state that ground floor retail is required in the PA-1 TV zone, this still does not address HCD’s prior review. The element must clearly specify whether the City has identified any sites in zones that allow for 100 percent nonresidential uses. The
maximum, and mixed-use parcels are also calculated with a mid-point density plus an added 75% reduction.

Calculation examples are provided for both and the
inventory table has been updated to note the added 75%
reduction for the mixed-use sites.

Additionally, language has been added noting the City does not generally receive applications at densities below the range allowed in the residential zoning districts. Table B-6 shows the average density yield for projects in Brentwood.

However, there has only been two higher density projects in the last ten years – Silvergate and Amber Lane –
language is added noting these are the only projects and data is not singled out.

Additional language has been added detailing the average permitting time for pipeline projects to show there is a quick turnaround time between an applicant receiving
entitlements and applying for building permits – showing the market interest is high.

The Table B-8 has been updated to remove the gross vs.
buildable acreage for candidate sites (except for PA-1
sites).

More information has been added to the Mixed-Use
Capacity subsection noting the density standards and
commercial component requirements. Added information
also notes that the city does not have a history of
commercial-only projects being proposed in mixed-use
zones that allow residential; development interest
continues to remain for residential uses.

Added information on AB 2011 and the application the City has received on a commercial site @ 33 units/acres w/
20% affordable units (First city in the county). The project

Comment Response Page
element must analyze the likelihood that the identified units will be developed as noted in the inventory in zones that allow 100 percent nonresidential uses. This analysis
should consider the likelihood of nonresidential
development, performance standards, and development
trends supporting residential development. For additional information, see the Building Blocks at
https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-elements/building-blocks/analysissites-and-zoning. also includes a density bonus component for concessions and waivers.

Site Size:

The element continues to utilize large sites to
accommodate the lower-income RHNA. Additionally, it
appears that acreage within these large sites are in
specific plan areas that have yet to be parceled or
subdivided according to the plan. The element should
include a discussion of the specific plan including an
analysis of potential future parceling. The analysis should provide additional description of the specific plans, the acreage of sub-areas, presence of any land use maps,
future parcel sizes and add or modify programs to facilitate development on parcel sizes that are deemed appropriate to accommodate housing during the planning period.

Programs should include a commitment to facilitating the subdivision of parcels, outreach and working with property owners and providing incentives for appropriate parceling, development and monitoring.

Language added noting that there are no large sites with lower income units identified; however, site #11 identifies

13.3 acres for development capacity, but with no lower
income units. Language added noting that all parcels in the PA-1 Specific Plan will be parcelized prior to development.

B-13
Infrastructure Availability:

The prior version of the element indicated that the City is currently in the process of expanding the City’s wastewater treatment facility. HCD’s prior review found that the
element must clarify if the expansion is a necessary step to accommodating the RHNA. The element was revised to
indicate that the expansion will accommodate the RHNA
Statement added noting the City is taking steps to
accommodate future buildout over the next 30-40 years,
but current infrastructure can accommodate the entire
RHNA.

B-3

Comment Response Page
(p. B-3). As found in HCD’s prior review, the element
should clarify if there is sufficient infrastructure capacity to accommodate the RHNA. In addition, if the City is
dependent on the expansion of water treatment facility to accommodate the RHNA, the element must include a
program committing to actions and a timeline to make
sufficient infrastructure available to accommodate the
RHNA.

Sites Inventory Electronic Form:

Please note, pursuant to Government Code section
65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element
webpage at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.

Please note, upon adoption of the housing element, the
City must submit an electronic version of the sites
inventory with its adopted housing element to
[email protected].

Noted – as no changes have been made to the sites, the
previously submitted Electronic Sites Inventory Form still applies and no changes are needed.

N/A

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Comment Response Page
Land-Use Controls – Zoning and Densities: The
element was not revised to address this finding. Please see HCD’s prior review for additional information.

The element includes a listing of the General Plan Land Uses and the associated zoning and density ranges (p. 3- Action H.1t has been added with the following objective (which has been approved by the City Council):
“Adopt Zoning Code/General Plan updates removing
discretion or constraints, such as requiring the exercise of transferable agricultural credits, significant added amenities, extensive off-site public improvements, or
4-10
3-7

Comment Response Page
7). Specifically, it notes that the Residential Very High Density (R-VHD zone) and R-3 zone allows for 20-30 units per acre. However, the element then states that multifamily structures shall not exceed 16 units per gross acre (p. 3-8) effectively acting as a constraint to achieving maximum densities. The element must analyze this requirement as a potential constraint on achieving maximum densities, cost, feasibility and supply (number of units) of housing. For your information, the element must demonstrate densities
appropriate to accommodate housing for lower income
households. For communities with densities that meet
specific standards (at least 30 units per acre for
Brentwood), no analysis is required. (Gov. Code, §
65583.2, subd. (c)(3).) While the City may have zones that allow for up to 30 units per acre, as noted above, requiring that developments cannot exceed the midpoint of the
density range can act as potential constraint to providing housing for lower-income households. The element must
include an analysis that evaluates how these requirements specifically impact providing housing for lower-income
households, in addition to the analysis noted above. Based on a complete analysis, the element may need to add or
modify programs to mitigate or remove this constraint.
other significant improvements for projects requesting
densities above the mid-point for all residential land use categories.”
Background and mention of the new Action has been
added to Table 3-3 which identifies the mid-ranges for
each land use.

Planned Development Zones: While the element was
revised to list specific development standards established through the planned development (PD) process, it still
should clearly explain whether PDs are optional or required for areas intended for residential uses and whether there are established development standards prior to the
approval of the PD. If the PD is mandatory in areas
intended for residential uses without fixed development standards, the element should specifically evaluate these City of Brentwood’s 6th Cycle (2023-2031) Adopted
Housing Element Page 5 May 16, 2023 requirements for
impacts on cost, supply, feasibility, and approval certainty Language has been added noting that Planned
Developments are optional and are not pre-zoned, nor
are standards pre-established by the City.
3-21

Comment Response Page
of housing. Lastly, the element still must identify and analyze any minimum unit size requirements.

Parking: The element included a hypothetical example of a 6,000 square feet parcel and some applicable development standards. Further the analysis stated that since projects would still be able to reach maximum densities, the current parking requirements (e.g., two spaces per unit) is not a constraint. However, HCD’s prior review stated that the analysis must also consider impacts on cost, supply,
housing choice and affordability. The analysis does not address these factors. Additionally, HCD finds that
requiring smaller bedroom types (e.g., studio and onebedroom units) to provide two parking spaces is considered a constraint. The element must include a
program committing to reducing parking requirements for smaller bedroom types.

Action H.1r has been added to Adopt Zoning Code
updates for multi-family unit parking requirements by
requiring 1.5 parking spaces per 1-bedroom units and

0.5 spaces per 0-bedroom units.

Language added in Section 3.A.2 explaining the addition of Action H.1r and that development projects subject to the Affordable Housing Program may receive parking
waivers.
3-20
4-9
Local Processing Procedures: The element was not
revised to address this finding. Please see HCD’s prior review for additional information.

The element provides a description of some types of
permits that are “common” under the City’s processes
including a design and site development review and CUP.

This is not a complete analysis and does not address the requirements. The element must describe and analyze the City’s permit processing and approval procedures by zone and housing type (e.g., multifamily rental housing,
mobilehomes, housing for agricultural employees,
supportive housing. The analysis should consider
processing and approval procedures and time for typical single-family and multifamily developments, including type of permit, level of review, approval findings and any
discretionary approval procedures. The analysis must
evaluate the processing and permit procedures’ impacts as Approval criteria has been added.

New program H.1s added to amend approval findings
for CUP and Design and Site Development Review
applications to replace subjective language with
objective standards.

Added language noting when and where CUPs are
required. Also noted that no multifamily developments in the High Density Multifamily Residential (R-3) zone
require approval of a Conditional Use Permit.

Additionally, none of the sites identified in the candidate sites inventory listed in Appendix B require the approval of a Conditional Use Permit.
3-39 –
3-41
4-9

Comment Response Page
potential constraints on approval certainty and timing, promoting objectivity, feasibility, and housing supply and affordability. For additional information and sample
analysis, see the Building Blocks at
https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-elements/buildingblocks/processing-and-permitting-procedures.

Design and Site Development Review: While the
element was revised to include a commitment to removing certain subjective criteria, this still does not address HCD’s prior review. As noted in the prior review, the element must clearly detail the type of uses that are subject to a design and site development review. Additionally, and as noted above, the element must identify and evaluate any
approval findings or decision-making criteria for this
requirement. The analysis should address impacts on
housing cost, supply, timing, and approval certainty. Based on a complete analysis, the element should include
programs to address or remove the identified constraints.

Approval criteria has been added.

New program H.1s has been added to amend approval
findings for CUP and Design and Site Development
Review applications to replace subjective language with objective standards.
3-39 –
3-41
4-9
Locally Adopted Ordinances: The element was revised
to indicate that the City recently updated its inclusionary policy requiring that developers must construct the required affordable units and will not be given the option of paying in-lieu fees (Program H.2a (Affordable Housing
Ordinance). The element must discuss alternatives for
compliance, incentives for meeting requirements and the required in-lieu fees. The element must analyze these
requirements for consistency with state law and impacts on cost and feasibility.

Additional alternatives for compliance have been added
with information on popular options.
3-25 – 3-28

5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).) Comment Response Page
The element was not revised to address this finding.

Please see HCD’s prior review for additional information.

Language has been added noting the City does not
receive applications at densities below the range allowed in residential zoning districts and that recent projects either meet or exceed the maximum density permitted.

The length of time between received planning approval
and submitting for building permits, on the applicant’s side, has been added.

B-8
B-5

6. Analyze existing assisted housing developments that are eligible to change to non-low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).)
Comment Response Page
HCD’s prior review found that the element must identify and analyze all assisted units and asses the risk of these units converting in the next ten years. While the element was revised to include a listing of assisted units from CHPC database, the element did not include any
information on assessment risk, conversion or expiration dates, and update the at-risk analysis regarding cost of preserving and replacing these units. The element must
be revised to include an assessment of units at-risk of converting to market rate within the next ten years and the cost of replacing and preserving these units.

Background, resources, and analysis on units at-risk is included in the At-Risk Assisted Affordable Housing
section.
3-123
–
3-128

B. Housing Programs

1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) Comment Response Page
As noted in Finding A3, the element does not include a
complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a
complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.

No changes necessary at this moment. N/A
In addition, Program H.1b (Accessory Dwelling Units
(ADUs) and H.1c (ADU Monitoring) commits to annual
monitoring of ADU affordability and production trends and commitments to certain actions if production does not keep pace such as increased densities or fee incentives.

However, given the City’s strong ADU assumptions, this
program must commitment to identifying and rezoning sites if actual production and affordability if far from anticipated trends.

Action H.1b and H.1c have been updated. Action H.1c
includes trigger actions should ADU development not occur as projected.

The City does not project ADU development that is greater than the average over the last 4 years. A statement about this has been added to Action H.1b to ensure clarity that the projection is not high.
4-3

2. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) Comment Response Page
As noted in Findings A4 and A5, the element requires a
complete analysis of potential governmental and
nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add
Programs have been updated accordingly following a
completed constraints analysis.

Actions H.4n and H.4o have been updated to include more specific commitments as requested by HCD.

Section
4 4-31
4-32

Comment Response Page
programs and address and remove or mitigate any identified constraints. The element should be revised as follows:

Program H.4n (Definition of Family): While this program commits to removing potential constraints to the definition of family, it must specifically commit to removing constraints, namely the requiring all residents to be under a single written lease to be considered a family.

Program H.4o (Residential Care Facilities): While this
program commits to allowing these uses in the same way as similar uses, this program should be revised with a
commitment to allow these uses in the same way as other residential uses in the same zone.

3. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).) Comment Response Page
As noted in Finding A1, the element requires a complete AFFH analysis. Depending upon the results of that analysis, the City may need to revise or add programs. Additionally, while the element was revised to include some metrics and geographic targeting, this generally does not address HCD’s prior review. First, many of the actions are generally not significant and meaningful to address the City’s fair housing issues, create equitable communities and address the four required program areas (e.g., increasing housing choices and affordability in higher opportunity or higher income areas, promoting housing mobility, place-based strategies for revitalization and conservation and addressing
displacement risks). Second, several programs are
scheduled to begin implementation halfway through the
planning period. To achieve beneficial impact, programs must be implemented earlier in the planning period. Third, the element included geographic targeting based on specific census tracts. However, the assessment of fair housing did Programs were reviewed in coordination with HCD to ensure programs were all addressed adequately to include metrics, geographic targets, and were significant and meaningful.

Action H.4a was also updated to include meaningful actions to address fair housing issues.

Section
4

Comment Response Page
not call out specific census tracts but rather discussed geographic quadrants and neighborhoods Therefore, it is unclear how these census tracts relate to the analysis and fair housing issues.

C. Public Participation

1. Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) Comment Response Page
HCD’s prior review found that the City employed limited outreach methods to engage various economic segments of the community during the preparation of the element. While the element was revised to indicate that the city provided language translation and advertised public workshops to special needs organizations, the City has still not
demonstrated diligent outreach efforts to the community. As such, HCD’s prior review found City of Brentwood’s 6th
Cycle (2023-2031) Adopted Housing Element Page 8 May
16, 2023 that moving forward, the City should employ a
variety of methods to involve all economic segments of the community. Through the adoption process, the City had
another opportunity to meaningfully engage with the
community. However, the element noted that the City posted the revised element online for seven days and emailed
organizations on the listserv. HCD will be considering the extent the City has outreached, engaged and considered
comments in future submittals.

Added more details on indirect outreach conducted, and
added language on the extent of outreach – flyer at
grocery stores, social media, community organization
outreach, etc.

Appendix
C
Additionally, the housing element noted that the City
summarized and addressed public comments in Appendix C.

However, Appendix C includes a list of all public comments and meeting materials. As found in HCD’s prior review, the element must summarize public comments and discuss how
comments were considered and incorporated where
applicable. To address this, the element could summarize All public comments are included with responses detailing how they’ve been considered and incorporated.

C-21

Comment Response Page
key themes from public comments and feedback and include corresponding programs, actions, strategies or information on how the City addressed various themes.

In addition to the above mentioned HCD letter dated May 16, 2023, HCD provided a letter dated January 2, 2024. HCD stated that it considered comments from East Bay for Everyone pursuant to Government Code section 65585, subdivision (c) and found that the revised draft element (dated November 2023) met the statutory requirements that were described in HCD’s May 16, 2023 review and that the housing element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when it is adopted, submitted to and approved by HCD, in accordance with Government Code section 65585.

Although HCD did not provide any additional comments in the January 2, 2024 letter, HCD noted several areas for consideration.

The following response to the January 2, 2024 letter from HCD have been made.

Comment Response
Additionally, the element acknowledges that several sites are not considered vacant due to agricultural production. This is also reflected in the City’s electronic sites inventory where majority of the sites are listed with existing uses such as “agricultural or open space”. As a result, the element appears to rely upon nonvacant sites to accommodate more than 50 percent of the regional housing need allocation (RHNA) for lowerincome households. As part of adoption, the City must make findings based on substantial evidence, the existing uses will be presumed to impede additional residential development. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution), the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.

Based on Gov. Code, § 65583.2, subd. (g)(2), findings
have been included for the City Council consideration
that find that based on substantial evidence, the
existing uses will be presumed to impede additional
residential development.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the City did not adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), Program H.2o (By-right Development of 5th and 4th Cycle Sites) to make prior identified sites available to accommodate the RHNA must be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City does not adopt a compliant housing element within one year from the HCD did not find the City’s housing element to be in
conformance with state law within 120 days of the
statutory deadline (January 31, 2023). Based on this
finding, Program H.2o (By-right Development of 5th
and 4th Cycle Sites) was added to allow by-right
development for qualifying sites pursuant to
Government Code section 65583.2(c).

Comment Response
statutory deadline, the element cannot be found in substantial compliance until all necessary rezones are completed pursuant to Government Code section 65583, subdivision (c)(1)(A) and Government Code section 65583.2, subdivision (c).

Public participation in the development, adoption, and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

The City has continued to engage the community,
including organizations that represent lower-income
and special needs households, by making information
on the final adoption hearings available. No further
changes have been made or are proposed beyond the
November 2023 draft Housing Element so no
additional revisions have been posted. while
considering and incorporating comments where
appropriate

1 Government Code Provision Housing Element Compliance
Section 65583
The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.

Section 2
Section 3
Section 4
Appendix B
The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community.

Section 2
Section 3
Section 4
Appendix B
The element shall contain all of the following: Noted.
(a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:

Section 2
Section 3
(a)(1) An analysis of population and employment trends and documentation of projections
Section 2.B
(a)(1) A quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdiction’s allocation of very low income households pursuant to Section 65584.

Section 2.F
(a)(2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay,
Section 2.C
Section 2.D
(a)(2) housing characteristics, including overcrowding, and Section 2.C Section 2.D
(a)(2) housing stock condition. Section 2.F
Resolution Attachment 1B

2 Government Code Provision Housing Element Compliance
(a)(3) An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing. Note: Please see Section 65583.2 regarding the land inventory.

Appendix B.A
Appendix B.B
Appendix B.C
Appendix B.D
[Note that AB 2339 (Chapter 654, Statutes of 2022) amended Section 65583(a)(4). It does not apply to ABAG-area housing elements unless the first draft of the housing element is submitted to ABAG after January 31, 2023 or a draft is submitted after April 1, 2023. Therefore the sections below include the statutory provisions of Section 65583(a)(4) effective in 2022. Jurisdictions adopting their housing element after January 1, 2023 should describe why AB 2339 is not applicable to them.] Noted.
(a)(4)(A) The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter.

Section 3.A.2
Action H.4k
(a)(4)(A) If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit.

Section 4 (Action H.4k)
(a)(4)(A) The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters.

Section 3.A.2
(a)(4)(A) Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i) The maximum number of beds or persons permitted to be served nightly by the facility.

Section 3.A.2
Resolution Attachment 1B

3 Government Code Provision Housing Element Compliance
(ii) Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. (iii) The size and location of exterior and interior onsite waiting and client intake areas. (iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency shelter is in operation. (a)(4)(B) The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

Section 3.A.2
(a)(4)(C) A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.

Section 3.A.2
(a)(4)(D) A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.

Section 3.A.2
(a)(5) An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and [Note: The types of housing identified in Section 65583(c)(1) include multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.]
Section 3.A
Section 3.D
(a)(5) for persons with disabilities as identified in the analysis pursuant to paragraph (7), Section 3.A.2 Resolution Attachment 1B

4 Government Code Provision Housing Element Compliance
Section 3.D.1
(a)(5) including land use controls, Section 3.A.2
(a)(5) building codes and their enforcement, Section 3.A.2 (a)(5) site improvements, Section 3.A.2
(a)(5) fees and other exactions required of developers, Section 3.A.2 (a)(5) local processing and permit procedures, Section 3.A.2 (a)(5) and any locally adopted ordinances that directly impact the cost and supply of residential development.

Section 3.A.2
(a)(5) The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584
Section 3.A.2
(a)(5) and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).

Section 3.A.2
(a)(6) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing,
Section 3.A.1
(a)(6) the price of land, Section 3.A.1
(a)(6) the cost of construction, Section 3.A.1
(a)(6) the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2,
Section B.B.2
(a)(6) and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584.

Section 3.A.3
(a)(6) The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing.

Section 3.A.1
(a)(7) An analysis of any special housing needs, such as those of the Section 3.D.1 (a)(7) elderly; Section 3.D.1
(a)(7) persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code;
Section 3.D.1
Resolution Attachment 1B

5 Government Code Provision Housing Element Compliance
(a)(7) large families; Section 3.D.1
(a)(7) farmworkers; Section 3.D.1
(a)(7) families with female heads of households; Section 3.D.1 (a)(7) and families and persons in need of emergency shelter. Section 3.D.1 (a)(7) The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions.

Section 3.A.2
(a)(7) The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period.

Section 3.A.2
(a)(7) An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.

N/A
(a)(8) An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects.

This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.

Section 3.C
(a)(9) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65915.

Section 3.D.1
Resolution Attachment 1B

6 Government Code Provision Housing Element Compliance
(a)(9)(A) The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10- year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.

Section 3.D.1
(a)(9)(B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from lowincome use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.

Section 3.D.1
(a)(9)(C) The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.

Section 3.D.1
(a)(9)(D) The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.

Section 3.D.1
(b) (1) A statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.

Section 4
Section 3.D.1
(2) It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of Recognized
Appendix B
Resolution Attachment 1B

7 Government Code Provision Housing Element Compliance
housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period. (c) A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element Section 4
(c) through the administration of land use and development controls, Section 4 (c) the provision of regulatory concessions and incentives, Section 4 (c) the utilization of appropriate federal and state financing and subsidy programs when available,
Section 4
(c) and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code).

Section 4
In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:

Noted.
(c)(1) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09.

Section 4
Appendix B
(c)(1) Sites shall be identified as needed to affirmatively further fair housing Section 4 Appendix B
Appendix B.F
(c)(1) and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, Section 4
Section 3.A.2
Appendix B
Appendix B.F
(c)(1) factory-built housing, Section 3.A.2
(c)(1) mobilehomes, Section 3.A.2
Resolution Attachment 1B

8 Government Code Provision Housing Element Compliance
(c)(1) housing for agricultural employees, Section 3.A.2 Section 4 (Action H.1l)
(c)(1) supportive housing, Section 3.A.2
Section 4 (Action H.4l)
(c)(1) single-room occupancy units, Section 3.A.2
Section 4 (Action H.4.j)
(c)(1) emergency shelters, Section 3.A.2
Section 4 (Action H.4.k)
(c)(1) and transitional housing. Section 3.A.2
(c)(1)(A) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.

No rezones proposed
(c)(1)(B) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2.

The identification of sites shall include all components specified in Section 65583.2.

Note: Please see Section 65583.2 regarding the land inventory and conformance with subdivision (h).

Appendix B
(c)(1)(C) Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the Section 4 (Action H.1l)
Appendix B
Resolution Attachment 1B

9 Government Code Provision Housing Element Compliance
program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(c)(2) Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.

Section 4
(c)(3) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels
Section 4
(c)(3) and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.

Section 4
(c)(3) Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

Section 4
(c)(3)Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).

Section 4
(c)(4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.

Section 4
(c)(5) Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.

Section 4
(c)(6) Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a).

Section 4
(c)(6) The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy Section 4
Resolution Attachment 1B

10 Government Code Provision Housing Element Compliance programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. (c)(6) The program may include strategies that involve local regulation and technical assistance.

Section 4
(c)(7) Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.\ Section 4
(c)(8) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.

Section 4
(c)(9) Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.

Section 4
(c)(10)(A) Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:

Section 3.D
Section 4
(c)(10)(A)(i) A summary of fair housing issues in the jurisdiction Section 3.D Section 4
(c)(10)(A)(i) and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.

Section 3.D.1
(c)(10)(A)(ii) An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, Section 3.D.1
(c)(10)(A)(ii)racially or ethnically concentrated areas of poverty and affluence, Section 3.D.1 (c)(10)(A)(ii) disparities in access to opportunity, Section 3.D.1 (c)(10)(A)(ii) and disproportionate housing needs, Section 3.D.1 (c)(10)(A)(ii) including displacement risk. Section 3.D.1 (c)(10)(A)(ii) The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction.

Section 3.D.1
Resolution Attachment 1B

11 Government Code Provision Housing Element Compliance (c)(10)(A)(ii) and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.

Section 3.D.1
(c)(10)(A)(iii) An assessment of the contributing factors, including the local and regional historical origins
Section 3.D.2
Section 3.D.1
Section 4
(c)(10)(A)(iii) and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).

Section 3.D.2
Section 3.D.1
Section 4
Appendix A
(c)(10)(A)(iv) An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance,
Section 4
(c)(10)(A)(iv) and identifying the metrics and milestones for determining what fair housing results will be achieved.

Section 4
(c)(10)(A)(v) Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies Section 4
(c)(10)(A)(v) and encouraging development of new affordable housing in areas of opportunity,
Section 4
(c)(10)(A)(v) as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing,
Section 4
(c)(10)(A)(v) and protecting existing residents from displacement. Section 4 (c)(10)(B) A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.

Section 4
Resolution Attachment 1B

12 Government Code Provision Housing Element Compliance (c)(10)(C) The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.

Section 4
(d)(1) A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.

N/A
(d)(2) The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.

N/A
(d)(3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:

N/A
(d)(3)(A) How the joint facility will meet the jurisdiction’s emergency shelter need. (d)(3)(B) The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
(d)(3)(C) The amount and source of the funding that the jurisdiction contributes to the facility.

N/A
(d)(4) The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.

N/A
(e) Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following: [Note that this provision is applicable to AB 2339 (Chapter 654, Statutes of 2022), which amended Section 65583(a)(4). Jurisdictions adopting their housing element after January 1, 2023 should describe why this amendment is not applicable to them.] Noted.
(1) A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.

Noted.
(2) Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and Noted.

Resolution Attachment 1B

13 Government Code Provision Housing Element Compliance county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.

Section 65583.1(a)
(a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, … may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department.

Appendix B
(b) Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.

Not applicable
Note: If communities are using the provisions of Section 65583.1(c), which allow RHNA credit for conversion of non-affordable to affordable housing and for preservation of existing affordable housing at risk of loss, the applicable provisions need to be added to this table.

Noted
Section 65583.2
(a) A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (10) of subdivision (c) of Section 65583,
Appendix B
(a) that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, “land suitable for residential Appendix B.F
Resolution Attachment 1B

14 Government Code Provision Housing Element Compliance development” includes all of the following sites that meet the standards set forth in subdivisions (c) and (g):
(a)(1) Vacant sites zoned for residential use. Appendix B.B.3 (a)(2) Vacant sites zoned for nonresidential use that allows residential development. Appendix B.B.3 (a)(3) Residentially zoned sites that are capable of being developed at a higher density, including sites owned or leased by a city, county, or city and county Appendix B.B.3
(a)(4) Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site, as necessary, rezoned for, to permit residential use, including sites owned or leased by a city, county, or city and county.

Appendix B.B.3
(b) The inventory of land shall include all of the following: Appendix B (b)(1) A listing of properties by assessor parcel number. Appendix B.F (b)(2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.

Appendix B.F
(b)(3) For nonvacant sites, a description of the existing use of each property. Appendix B.F (b)(3) If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.

Appendix B
(b)(4) A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.

Section 3.A.4
Appendix B
(b)(5)(A) A description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities.

Appendix B.A.1
(b)(5)(B) Parcels included in the inventory must have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service, to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory.

Appendix B.A.1
Resolution Attachment 1B

15 Government Code Provision Housing Element Compliance (b)(6) Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.

Appendix B.A.1
(b)(7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction’s general plan, for reference purposes only.

Appendix B.F
(c) Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing.

Appendix B.B
Appendix B.C
Appendix B.F
(c) A nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. An unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right.

Section 4
Action H.2o
(c) Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with state law within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning pursuant to this subdivision shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.

Noted.
(c) The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing,
Appendix B.B
Section 3.A.2
Resolution Attachment 1B

16 Government Code Provision Housing Element Compliance (c) factory-built housing, mobilehomes, Section 3.A.2
(c) housing for agricultural employees, supportive housing, Section 3.A.2 Section 4 (Action H.1l and Action H.4l)
(c) single-room occupancy units, Section 3.A.2
Section 4 (Action H.4.j)
(c) emergency shelters, and Section 3.A.2
Section 4 (Action H.4.k)
(c) transitional housing Section 3.A.2
(c) and whether the inventory affirmatively furthers fair housing . Section 3.D Section 3.A.2
Section 4
(c) The city or county shall determine the number of housing units that can be accommodated on each site as follows:

Appendix B
(c)(1) If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency’s calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.

Appendix B.B.2
Appendix B.C.2
(c)(2) The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583,
Appendix B.B.2
Appendix B.C.2
Section 3.A.2
(c)(2) the realistic development capacity for the site, Appendix B.B.2 Appendix B.C.2
(c)(2) typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction,
Appendix B.B
(c)(2) and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.

Appendix B.A.1
(c)(2)(A) A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality Appendix B.B.3
Resolution Attachment 1B

17 Government Code Provision Housing Element Compliance provides other evidence to the department that the site is adequate to accommodate lower income housing.
(c)(2)(B) A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be developed as lower income housing.

Appendix B.B.3
(c)(2)(B) For purposes of this subparagraph, “site” means that portion of a parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision.

Noted.
(c)(2)(C) A site may be presumed to be realistic for development to accommodate lower income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site.

Appendix B.A
(c)(3) For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:

Appendix B
(c)(3)(A) Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.

Appendix B.B.2
Appendix B.C.2
(c)(3)(B) The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not included in clause (i):
sites allowing at least 10 units per acre.
(iii) For a suburban jurisdiction: sites allowing at least 20 units per acre. (iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.

Appendix B.B
(4)(A) For a metropolitan jurisdiction: Appendix B.B
Resolution Attachment 1B

18 Government Code Provision Housing Element Compliance (4)(A)(i) At least 25 percent of the jurisdiction’s share of the regional housing need for moderate-income housing shall be allocated to sites with zoning that allows at least 4 units of housing, but not more than 100 units per acre of housing.

Appendix B.B
(4)(A)(ii) At least 25 percent of the jurisdiction’s share of the regional housing need for above moderate-income housing shall be allocated to sites with zoning that allows at least 4 units of housing.

Appendix B.B
(B) The allocation of moderate-income and above moderate-income housing to sites pursuant to this paragraph shall not be a basis for the jurisdiction to do either of the following:
(i) Deny a project that does not comply with the allocation. (ii) Impose a price minimum, price maximum, price control, or any other exaction or condition of approval in lieu thereof. This clause does not prohibit a jurisdiction from imposing any price minimum, price maximum, price control, exaction, or condition in lieu thereof, pursuant to any other law.
(iii) The provisions of this subparagraph do not constitute a change in, but are declaratory of, existing law with regard to the allocation of sites pursuant to this section.

Appendix B.C
(C) This paragraph does not apply to an unincorporated area. Noted. (D) For purposes of this paragraph: Noted.
(i) “Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5.

Noted.
(ii) “Unit of housing” does not include an accessory dwelling unit or junior accessory dwelling unit that could be approved pursuant to Section 65852.2 or Section 65852.22 or through a local ordinance or other provision implementing either of those sections. This paragraph shall not limit the ability of a local government to count the actual production of accessory dwelling units or junior accessory dwelling units in an annual progress report submitted pursuant to Section 65400 or other progress report as determined by the department.

Noted.
(E) Nothing in this subdivision shall preclude the subdivision of a parcel, provided that the subdivision is subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land.

Noted.
(d) For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United Noted.

Resolution Attachment 1B

19 Government Code Provision Housing Element Compliance States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future. (e) (1) Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdiction’s population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.

Noted.
(2)(A)(i) Notwithstanding paragraph (1), if a county that is in the San FranciscoOakland-Fremont California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2028, inclusive.

Noted.
(2)(A)(ii) A county subject to this subparagraph shall utilize the sum existing in the county’s housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households.

Noted.
(2)(B) A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided three times: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle, and a third time, on or before December 31, 2027, which report shall address the subsequent four years of the Noted.

Resolution Attachment 1B

20 Government Code Provision Housing Element Compliance housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.
(f) A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for “suburban area” above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction’s population is less than 25,000 in which case it shall be considered suburban.
(g)(1) For sites described in paragraph (3) of subdivision (b) [non-vacant sites], the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential.

Noted.

Appendix B.B.3
Appendix B.F
(g)(1) The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, Appendix B.B.3
Appendix B.F
(g)(1) the city’s or county’s past experience with converting existing uses to higher density residential development,
Appendix B.B.3
Appendix B.F
(g)(1) the current market demand for the existing use, Appendix B.B.3 Appendix B.F
(g)(1) an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, Appendix B.B.3
Appendix B.F
(g)(1) development trends, Appendix B.B.3
Appendix B.F
(g)(1) market conditions, Appendix B.B.3
Appendix B.F
(g)(1) and regulatory or other incentives or standards to encourage additional residential development on these sites.

Appendix B.B.3
Appendix B.F
(g)(2) In addition to the analysis required in paragraph (1), when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential Noted. Not applicable.

Resolution Attachment 1B

21 Government Code Provision Housing Element Compliance development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.
(g)(3) Notwithstanding any other law, and in addition to the requirements in paragraphs (1) and (2), sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in paragraph (3) of subdivision (c) of Section 65915.

Appendix B.B.3
(h) The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period.

Noted.
(h) These sites shall be zoned with minimum density and development standards that permit at least
Appendix B.B
(h) 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), Appendix B.B
(h) shall be at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c)
Appendix B.B
(h) and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b).

Appendix B.B
(h) At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites Appendix B.B
Resolution Attachment 1B

22 Government Code Provision Housing Element Compliance allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i) For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act.

Noted.
(i) A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

Noted.
(i) Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.

Noted.
(j) Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply.

Noted.

Resolution Attachment 1B

Brentwood 2023-2031 Housing Element
i
6 th Cycle Update - 2023-2031
City of Brentwood
Housing Element

Brentwood 2023-2031 Housing Element
ii
City of Brentwood
Housing Element
2023-2031
November 2023 HCD Submittal

Brentwood 2023-2031 Housing Element
iii
Table of Contents
SECTION 1: INTRODUCTION
A. State Policy and Authorization ........................................................................................................ 1-1

1. Background .................................................................................................................................... 1-1

2. State Requirements ....................................................................................................................... 1-1

3. Regional Housing Needs Assessment ........................................................................................... 1-3

4. Relationship to Other General Plan Elements ............................................................................... 1-4

5. Public Participation ......................................................................................................................... 1-4

6. Data Sources.................................................................................................................................. 1-5 B. Housing Element Organization ....................................................................................................... 1-6 SECTION 2: COMMUNITY PROFILE
A. Population Characteristics .............................................................................................................. 2-2

1. Population Growth .......................................................................................................................... 2-2

2. Age Characteristics ........................................................................................................................ 2-2

3. Race/Ethnicity Characteristics ....................................................................................................... 2-3 B. Economic Characteristics ................................................................................................................ 2-5

1. Employment and Wage Scale ........................................................................................................ 2-5 C. Household Characteristics .............................................................................................................. 2-8

1. Household Type ............................................................................................................................. 2-8

2. Household Size .............................................................................................................................. 2-9

3. Household Income ......................................................................................................................... 2-9 D. Housing Problems .......................................................................................................................... 2-12

1. Overcrowding ............................................................................................................................... 2-13

2. Overpayment (Cost Burden) ........................................................................................................ 2-14 E. Special Needs Groups .................................................................................................................... 2-16

1. Seniors ......................................................................................................................................... 2-16

2. Persons with Physical and Developmental Disabilities ................................................................ 2-17

3. Large Households ........................................................................................................................ 2-20

4. Single-Parent Households ........................................................................................................... 2-20

5. Farmworkers ................................................................................................................................ 2-21

6. Extremely Low-Income Household (ELI) and Poverty Status ...................................................... 2-24

7. Persons Experiencing Homelessness ......................................................................................... 2-23

8. Students ....................................................................................................................................... 2-25 F. Housing Stock Characteristics ...................................................................................................... 2-26

1. Housing Growth ........................................................................................................................... 2-26

2. Housing Types ............................................................................................................................. 2-26

3. Housing Availability and Tenure................................................................................................... 2-26

4. Housing Age and Conditions........................................................................................................ 2-28

5. Housing Costs and Affordability ................................................................................................... 2-29 Very Low-Income Households .......................................................................................................... 2-32 Low-Income Households .................................................................................................................. 2-32 Moderate-Income Households .......................................................................................................... 2-32

Brentwood 2023-2031 Housing Element
iv
SECTION 3: HOUSING CONSTRAINTS, RESOURCES, AND FAIR HOUSING A. Housing Constraints......................................................................................................................... 3-1

1. Nongovernmental Constraints ........................................................................................................ 3-2 Land Costs and Construction Costs ................................................................................................... 3-2 Availability of Financing ...................................................................................................................... 3-2 Economic Constraints ......................................................................................................................... 3-5

2. Governmental Constraints ............................................................................................................. 3-6 Land Use Controls .............................................................................................................................. 3-6 Variety of Housing Types Permitted ................................................................................................... 3-8 Residential Development Standards ................................................................................................ 3-17 Planned Development Zones ........................................................................................................... 3-21 Housing for Persons with Disabilities ................................................................................................ 3-23 Local Ordinances .............................................................................................................................. 3-25 Specific Plans ................................................................................................................................... 3-33 On-/Off-Site Improvements ............................................................................................................... 3-35 Development Fees ............................................................................................................................ 3-36 Local Processing and Permit Procedures......................................................................................... 3-38

3. Infrastructure Constraints ............................................................................................................. 3-43 Dry Utilities ........................................................................................................................................ 3-43 Water Supply .................................................................................................................................... 3-44 Fire and Emergency Services ........................................................................................................... 3-45 Police Services ................................................................................................................................. 3-46

4. Environmental Constraints ........................................................................................................... 3-47 Geological and Seismic Hazards ...................................................................................................... 3-47 Flood Hazards ................................................................................................................................... 3-48 Fire Hazards ..................................................................................................................................... 3-50 Toxic Hazards ................................................................................................................................... 3-52 Summary of Constraints ................................................................................................................... 3-52 B. Financial Resources ....................................................................................................................... 3-52

1. Section 8 Housing Choice Vouchers ........................................................................................... 3-52

2. Community Development Block Grants (CDBG) ......................................................................... 3-52

3. HOME Investment Partnership Program ..................................................................................... 3-53

4. Local Early Action Planning (LEAP) Grant ................................................................................... 3-53

5. SB 2 Grant .................................................................................................................................... 3-53

6. City of Brentwood Housing Trust Fund ........................................................................................ 3-53 C. Opportunities for Energy Conservation ....................................................................................... 3-54

1. Energy Use and Providers ........................................................................................................... 3-54

2. Energy Conservation .................................................................................................................... 3-54 D. Affirmatively Furthering Fair Housing (AFFH) ............................................................................. 3-54

1. Assessment of Fair Housing Issues ............................................................................................. 3-55 Fair Housing Enforcement and Outreach ......................................................................................... 3-55 Fair Housing Laws ............................................................................................................................ 3-61 Integration and Segregation ............................................................................................................. 3-62 Racially and Ethnically Concentrated Areas ..................................................................................... 3-83 Access to Opportunities .................................................................................................................... 3-89 Disproportionate Needs .................................................................................................................. 3-109 Resources for Special Needs Households ..................................................................................... 3-127 Senate Bill 330 (SB 330) ................................................................................................................ 3-134

2. Assessment of Contributing Factors .......................................................................................... 3-134 Current Local Contributing Factors ................................................................................................. 3-135

Brentwood 2023-2031 Housing Element
v
AFFH Findings and Sites Summary ............................................................................................... 3-136 SECTION 4: HOUSING PLAN
A. Goals, Policies, and Actions .............................................................................................................. 4-2 H.1 - Housing Goal ................................................................................................................................. 4-2 Housing Policies ................................................................................................................................. 4-2 Implementing Actions.......................................................................................................................... 4-2 H.2 - Affordability Goal ......................................................................................................................... 4-11 Housing Policies ............................................................................................................................... 4-11 Implementing Actions........................................................................................................................ 4-11 H.3 - Equitable Distribution of Affordable Housing Goal ...................................................................... 4-19 Housing Policies ............................................................................................................................... 4-19 Implementing Actions........................................................................................................................ 4-19 H.4 - Housing Opportunities Goal ........................................................................................................ 4-22 Housing Policies ............................................................................................................................... 4-22 Implementing Actions........................................................................................................................ 4-22 B. Summary of Quantified Objectives .................................................................................................. 4-32

APPENDICES
Appendix A: Review of Past Performance
Appendix B: Candidate Sites Analysis
Appendix C: Summary of Community Engagement
Appendix D: Glossary of Housing Terms

Brentwood 2023-2031 Housing Element
Section 1: Introduction 1-0

Introduction
Section 1

Brentwood 2023-2031 Housing Element
Section 1: Introduction 1-1
Section 1: Introduction
The Housing Element is one of the seven State mandated elements included in the City of Brentwood’s General Plan. The purpose of the Housing Element is to identify and plan for the City’s existing and projected housing needs; it contains a detailed outline and work program of the City’s goals, policies, quantified objectives, and programs for the preservation, improvement, and development of housing for a sustainable future. Through research and analysis, the Housing Element identifies available candidate housing sites and establishes the City’s official housing policies and programs to accommodate the Regional Housing Needs Assessment (RHNA) goals as determined by the Association of Bay Area Governments (ABAG). The RHNA quantifies current and future housing growth within a City. The Housing Element is a critical tool for the City of Brentwood to plan for and accommodate current and growth within the community, over the eight-year planning cycle.

Section 1 Contents
A. State Policy and Authorization

1. Background

2. State Requirements

3. Regional Housing Needs Assessment

4. Relationship to Other General Plan Elements

5. Public Participation (To be updated as we proceed)

6. Data Sources
B. Housing Element Organization
A. State Policy and Authorization

1. Background
As a mandated chapter of the Brentwood General Plan, the Housing Element must meet all requirements of existing State law. Goals, programs and policies, and quantified objectives developed within the Housing Element are consistent with State law and are implemented within a designated timeline to ensures the City accomplishes the identified actions as well as maintains compliance with State law. The California Department of Housing and Community Development (HCD) reviews each Housing Element for substantial compliance with State law.

2. State Requirements
California State Housing Element Law (California Government Code Article 10.6) establishes the requirements for the Housing Element. State Law requires that local governments review and revise the Housing Element of their comprehensive General Plans once every eight years.

The California Legislature has adopted an overall housing goal for the State to ensure every resident has a decent home and suitable living environment. Section 65580 of the California Government Code States:

Brentwood 2023-2031 Housing Element
Section 1: Introduction 1-2
a) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order.
b) The early attainment of this goal requires cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians in all economic levels.
c) The provisions of housing affordable to low- and moderate-income households requires the cooperation of all levels of the government.
d) Local and State governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for housing needs of all economic segments of the community. The Legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the general plan and to cooperate with other local governments and the state in addressing regional housing needs.

Table 1-1 summarizes the State Housing Element requirements and identifies where these requirements are addressed in this document.

Table 1-1: Housing Element Requirements
Housing Element Requirement(s) Gov. Code Section Reference in Housing Element
Analysis of employment trends. Section 65583.a Section 2.B Projection and quantification of existing and projected housing needs for all income groups. Section 65583.a Section 2.F Analysis and documentation of the City’s housing characteristics, including cost for housing compared to ability to pay, overcrowding, and housing condition.

Section 65583.a Section 2.D
An inventory of land suitable for residential development including vacant sites and sites having redevelopment potential. Section 65583.a Appendix B.E Analysis of existing and potential governmental constraints upon the maintenance, improvement, or development of housing for all income levels.

Section 65583.a Section 3.A.2
Analysis of existing and potential nongovernmental (private sector) constraints upon maintenance, improvement, or development of housing for all income levels.

Section 65583.a Section 3.A.1
Analysis concerning the needs of the homeless. Section 65583.a Section 2.E.7 Analysis of special housing needs: handicapped, elderly, large families, farm workers, and female-headed households. Section 65583.a Section 2.E Analysis of opportunities for energy conservation with respect to residential development. Section 65583.a Section 3.C
Identification of Publicly Assisted Housing Developments. Section 65583.a Section 3.D.1 Identification of Units at Risk of Conversion to Market Rate Housing. Section 65583.a Section 3.D.1 Identification of the City’s goal relative to the maintenance, improvement, and development of housing. Section 65583.a Section 4 Analysis of quantified objectives and policies relative to the maintenance, improvement, and development of housing. Section 65583.b Section 4 Identification of adequate sites that will be made available through appropriate action with required public services and facilities for a variety of housing types for all income levels.

Section 65583.c(1) Appendix B.A

Brentwood 2023-2031 Housing Element
Section 1: Introduction 1-3
Table 1-1: Housing Element Requirements
Housing Element Requirement(s) Gov. Code Section Reference in Housing Element
Identification of strategies to assist in the development of adequate housing to meet the needs of low and moderate-income
households.

Section 65583.c(2) Appendix B.B
Description of the Public Participation Program in the formulation of Housing Element Goals, Policies, and Programs. Section 65583.d Appendix C Description of the Regional Housing Needs Assessment (RHNA) prepared by the Association of Bay Area Governments. Section 65583.e Section 1.A.3 Analysis of Fair Housing, including Affirmatively Furthering Fair Housing. Section 8899.50 Section 3.D
Review of the effectiveness of the past Element, including the City’s accomplishments during the previous planning period. Section 65583.f Appendix A Source: State of California, Department of Housing and Community Development.

The City of Brentwood’s current Housing Element was adopted on April 28, 2015, for the 5th Cycle 2015- 2022 planning period. The 6th Cycle Housing Element will plan for the 2023-2031 planning period.

Multiple amendments have been made to State Housing Element law since the adoption of the current Housing Element. These amendments change the required analysis, reporting, and type of policies that must be contained in the City’s 2023-2031 Housing Element. The contents of this Housing Element comply with these amendments to State housing law and all other Federal, State, and local requirements.

3. Regional Housing Needs Assessment
California’s Regional Housing Needs Assessment (RHNA) is the methodology for determining future housing need, by income category, within California and is based on growth in population, households, and employment. The statewide RHNA is determined under the administration of the California Department of Housing and Community Development (HCD). The quantified housing need is then allocated among the State’s 18 Metropolitan Planning Organizations (MPOs). In the City of Brentwood’s case, this agency is the Association of Bay Area Governments (ABAG).

In accordance with Section 65583 of the California Government Code, ABAG delegates a “fair share” of housing need to its member jurisdictions. The City of Brentwood’s RHNA allocation is divided amongst four income categories, which are based on the County of Contra Costa’s median income for a family of four. For the 2023-2031 planning period the City of Brentwood is allocated a total of 1,522 units. Table 1- 2 below identifies the City’s RHNA by income categories.

Table 1-2: City of Brentwood 6th Cycle RHNA
Income Category
Percent of Contra Costa County
Median Family Income (MFI) Brentwood RHNA
Very Low-Income 0-50% MFI 402
Low-Income 51-80% MFI 232
Moderate-Income 81-120% MFI 247
Above Moderate-Income >120% MFI 641
Total RHNA 1,522

Brentwood 2023-2031 Housing Element
Section 1: Introduction 1-4

4. Relationship to Other General Plan Elements
The Housing Element is one of many Elements of the City’s General Plan. The goals, policies, actions, and programs within the Housing Element relate directly to, and are consistent with, all other elements in the City’s General Plan. The City’s Housing Element identifies programs and resources required for the preservation, improvement, and development of housing to meet the existing and projected needs of its population.

The Housing Element works in tandem with development policies contained in the Land Use Element. The Land Use Element is the guide for decision makers on the pattern, distribution, density and intensity of land uses that, over time, will help the City achieve the Brentwood vision for the future; it establishes the location, type, intensity and distribution of land uses throughout the City, and defines the land use buildout potential. By designating residential development, the Land Use Element places an upper limit on the densities and types of housing units constructed in the City. Land use patterns and decisions are influenced by population and economic growth (which create market demand), transportation access and opportunities, the availability of infrastructure, environmental constraints, and quality of life potential reflected in school quality, parks and recreational opportunities, and cultural amenities. The presence and potential for jobs affects the current and future demand for housing at the various income levels in the City.

The City’s Circulation Element also affects the implementation of the Housing Element. The Circulation Element establishes policies for a balanced circulation system in the City. The Circulation Element aims to reduce the impacts of transportation on the region’s environment and provide a variety of options so individuals can choose to travel by car, bicycle, foot, or public transportation. Consequently, the Housing Element must include policies and incentives that consider the types of infrastructure essential for residential housing units in addition to mitigating the effects of growth in the City.

The Housing Element has been reviewed for consistency with the City’s other General Plan Elements, and the policies and programs in this Element are consistent with the policy direction contained in other parts of the General Plan. As portions of the General Plan are amended in the future, the Housing Element will be reviewed to ensure that internal consistency is maintained.

5. Public Participation
Public participation is a vital component to the Housing Element update process. Public engagement creates opportunities for community members to provide their input and feedback, information which then directs the Housing Element’s goals, policies and programs. Section 65583 of the Government Code requires local governments to make diligent and continued efforts to achieve public participation of all economic segments of the community. Meaningful community participation ensures that a variety of stakeholders and community members are offered a platform to engage in the City’s planning process.

As part of the 6th Cycle Housing Element Update process, the City has conducted public outreach activities beginning in Spring 2022. These outreach efforts included a City Council and Planning Commission workshop, community surveying, and digital outreach. Project materials, including summaries from

Brentwood 2023-2031 Housing Element
Section 1: Introduction 1-5
community workshops and public meetings, notices, and draft documents are available on the City’s website.

Outreach for the 6th Cycle Housing Element to the community, includes the following actions:
 Housing Element Update webpage with all housing materials available in English and in Spanish, located at: https://brentwoodhousingelement.com/
 Planning Commission and City Council workshops and meetings with recordings posted on the City’s webpage
 Online community survey
 Outreach to Brentwood households and advertising
 30-Day Public Review of the Draft Housing Element
Appendix C contains a summary of all public comments regarding the Housing Element received by the City during the update process. As required by Government Code Section 65585(b)(2), all written comments regarding the Housing Element made by the public have previously been provided to each member of the City Council.

6. Data Sources
The data used for the completion of this Housing Element comes from a variety of sources. These include, but are not limited to:
 2010 and 2020 United States Census
 American Community Survey
 Regional Analysis of Impediments to
Fair Housing (AI)
 Annual Point-in-Time Homeless Census
by the Contra Costa County
 Home Mortgage Disclosure Act (HMDA)
lending data
 California Department of Economic
Development
 California Employment Development
Division Occupational Wage data, 2020
 Department of Housing and Urban
Development, Comprehensive Housing
Affordability Strategy (CHAS), 2014-
2018
The data sources represent the best data available at the time this Housing Element Update was prepared.

The original source documents contain the assumptions and methods used to compile the data.

Brentwood 2023-2031 Housing Element
Section 1: Introduction 1-6
B. Housing Element Organization
This Housing Element represents the City of Brentwood’s policy program for the 2023-2031, 6th Housing Cycle Planning Period. The Housing Element is comprised of the following Sections:

Section 1: Introduction contains as summary of the content, organization, and statutory considerations of the Housing Element;
Section 2: Community Profile contains an analysis of the City’s population, household and employment base, and the characteristics of the housing stock;
Section 3: Housing Constraints, Resources, and Fair Housing examining governmental and nongovernmental constraints on production, maintenance, and affordability of housing and provides a summary of housing resources, including sites identification and funding and financial considerations; Section 4: Housing Plan addresses the City’s identified housing needs, including housing goals, policies, and programs.

Appendices provides various appendices with supplementary background resources including:

Appendix A – Review of Past Performance
Appendix B – Candidate Sites Analysis
Appendix C – Summary of Community Engagement
Appendix D – Glossary of Housing Terms

Brentwood 2023-2031 Housing Element

Community Profile
Section 2

Brentwood 2023-2031 Housing Element
Section 2: Community Profile 2-1
Section 2: Community Profile
The community profile for the City of Brentwood provides an overview of the City’s housing and population conditions. To create a comprehensive evaluation of Brentwood’s housing needs, the community profile discusses characteristics of the City’s population, households, economy and housing stock, and presents each of these components in a regional context. This assessment serves as the basis for identifying the appropriate goals, policies, and programs for the City of Brentwood to implement during the 2023-2031 Housing Element Cycle.

The community profile uses the most current data available from the Association of Bay Area Governments (ABAG), 2010 U.S. Census1, 2010-2019 American Community Survey (ACS), the California Department of Finance, the California Employment Development Department, the California Department of Education, and other currently available real estate market data.

Section 2 Contents
A. Population Characteristics

1. Population Growth

2. Age Characteristics

3. Race/Ethnicity Characteristics
B. Economic Characteristics

1. Employment and Wage Scale
C. Household Characteristics

1. Household Type

2. Household Size

3. Household Income
D. Housing Problems

1. Overcrowding

2. Overpayment (Cost Burden)
E. Special Needs Groups

1. Seniors

2. Persons with Physical and
Developmental Disabilities

3. Large Households

4. Single-Parent Households

5. Farmworkers

6. Extremely Low-Income Household (ELI)
and Poverty Status

7. Persons Experiencing Homelessness

8. Students
F. Housing Stock Characteristics

1. Housing Growth

2. Housing Types

3. Housing Availability and Tenure

4. Housing Age and Conditions

5. Housing Costs and Affordability
Very Low-Income Households
Low-Income Households
Moderate-Income Households

1 Data from the 2020 U.S. Census is available; however, it is not comprehensive. The Community Profile relies primarily on 2019 ACS 5-Year Estimates for more recent data as it was the latest available at the time the Section was created.

Brentwood 2023-2031 Housing Element
Section 2: Community Profile 2-2
A. Population Characteristics
Understanding the characteristics of a population is critical to plan for the needs of a community.

Population growth, age composition, race and ethnicity, and employment trends influence the type and extent of housing needs and the ability of the local population to afford housing costs. The following section describes and analyzes the various population characteristics and trends that affect housing need.

1. Population Growth
According to the U.S. Census, the population of Contra Costa County has increased by approximately half a million individuals between 1980 and 2020 (a total increase of 78 percent). Table 2-1 shows the City of Brentwood experienced one of the largest population increases of the area at 59,858 individuals over forty years. The City experienced a total growth of 1,350 percent, with the largest percent growth occurring between 1980 and 2000.

Table 2-1: Population Growth (1980-2020)
Jurisdictions
Population Percent Change
1980 1990 2000 2010 2020 1980-2000 2000-2020
Antioch 42,683 62,195 90,532 102,372 115,291 112% 27%
Brentwood 4,434 7,563 23,265 51,481 64,292 425% 176%
Oakley 2,844 18,225 25,619 35,432 43,357 801% 69%
Pittsburg 33,034 47,564 56,769 63,264 76,416 72% 35%
Contra Costa
County 656,380 803,732 948,816 1,049,025 1,165,927 45% 23% Sources: U.S. Census Bureau, Decennial Census.

2. Age Characteristics
Age distribution within a population helps to evaluate different housing needs as housing choices may differ based on the age of the individual or prospective homeowner or housing tenant. For example, young adults and seniors typically favor apartments, low to moderate-cost condominiums, and smaller or more affordable single-family units because they tend to live on smaller or fixed incomes or have smaller families. As a community’s population moves through different stages of life, housing is required to accommodate new or adjusted needs. Figure 2-1 and Table 2-2 below display American Community Survey (ACS) data for age distribution in Brentwood. Overall, the data shows an aging trend amongst community members in Brentwood; the percent of children and young adults continues to decline while the senior population grows. The population of children under the age of five is the lowest in Brentwood in comparison to surrounding cities and the County. The City of Brentwood has the greatest percentage of persons 65 years and over compared to nearby jurisdictions, but lower than the County average.

Brentwood 2023-2031 Housing Element
Section 2: Community Profile 2-3
Figure 2-1: Age Distribution in Brentwood (2010-2019)
Source: American Community Survey, Table S0101, 5-Year Estimates, 2010, 2015, and 2019.

Table 2-2: Comparative Age Distribution
Jurisdiction Under 5 5 to 19 20 to 34 35 to 49 50 to 64 65 or Over Antioch 6.2% 21.3% 21.2% 19.1% 20.0% 12.3%
Brentwood 4.8% 24.4% 15.6% 20.3% 20.1% 15.0%
Oakley 7.6% 25.5% 19.0% 21.6% 17.0% 9.3%
Pittsburg 7.5% 19.7% 23.3% 20.4% 18.2% 11.0%
Contra Costa County 5.7% 19.4% 18.7% 20.5% 20.3% 15.4%
Source: American Community Survey, Table S0101, 5-Year Estimates, 2019.

3. Race/Ethnicity Characteristics
Creating both equal opportunity and fair housing needs are essential elements in the provision of housing units within cities and counties. Analyzing and understanding the racial and ethnic composition of a community is important to the extent that different racial and ethnic groups have varying household characteristics, income levels, and cultural backgrounds which may affect their housing needs and housing choice. An example of this is the proclivity of Asian or Hispanic cultures to contain larger family groups within a single household. Not accounting for differences in household characteristics could lead to overcrowding within housing units if suitably sized housing units are not provided. It is important to note that while race and ethnicity are used to identify different sections of a community’s population, they are not the same and are not mutually exclusive. The data identified in the section below shows the racial and ethnic composition of Brentwood, its neighboring jurisdictions, and Contra Costa County using ACS data; this allows residents to identify one’s race, as well as one’s ethnicity; therefore, overlap may occur.

As shown in Figure 2-2 and Table 2-3, the White (Non-Hispanic) population in Brentwood comprises the largest percentage of the population for the City and compared to neighboring communities. Generally, Native Hawaiian/Other Pacific Islanders and American Indian/Alaska Natives make up the smallest population groups – a trend similar with the rest of the County. Persons who identify as Hispanic or Latino (of any race) make up almost a quarter of the population in Brentwood and represent the smallest percentage compared to neighboring communities.

Under 5 Years 5 to 19 20 to 34 35 to 49 50 to 64 65 Years + 2010 7.7% 27.6% 14.9% 25.6% 13.3% 10.9%
2015 6.1% 25.2% 14.5% 23.4% 16.7% 13.6%
2019 4.8% 24.4% 15.6% 20.3% 20.1% 15.0%

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%