Agenda packet, closed session — Brentwood City Council, June 11, 2024 (part 2 of 2)

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off-site affordable units be governed by resale controls and/or rent restrictions similar to those required for on-site affordable units.
d. The quality and quantity of affordable units constructed off site and market-rate units converted to affordable units shall be equivalent to affordable units that would have been constructed on site to satisfy the city’s affordable housing requirement.

2. Additional Finding Required for Construction of Ownership or Rental Affordable Units. a. The conditions of approval and subdivision guarantee for a residential project, or other security such as a cash deposit, are adequate to provide for the construction of the off-site affordable units prior to or concurrently with the completion of the on-site construction of the market-rate units.

3. Required Conditions.
a. Affordable units constructed off site shall be constructed at the time specified in the affordable housing agreement.
b. Affordable units converted from market-rate units shall be both converted and inspected at the time specified in the affordable housing agreement. Market-rate units converted to affordable units shall require inspection by the community development department to ensure that the affordable units are in good condition and repair, and conform to all applicable city building and zoning codes. c. Existing very low-, low-, or moderate-income-households that occupy market-rate units being converted to affordable units shall not be displaced from those units. If temporary or permanent displacement occurs while the converted units are being repaired or rehabilitated, the developer shall be responsible to pay relocation and moving benefits to the displaced households in accordance with the California Code of Regulations, Title 25, Chapter 6, (California Relocation Assistance Guidelines). The calculation of relocation and moving benefits to be provided by developers to temporarily or permanently displaced households shall be submitted to and approved by the city for verification of compliance with the California relocation assistance guidelines.

Each unit dedicated to the city shall equate to the construction of two affordable units that would otherwise be required pursuant to Section 17.725.003(D). Any units dedicated to the city’s rental housing program shall be from the rental stream from these affordable rental units shall be deposited into a Brentwood rental housing trust fund administered by the city’s finance director in accordance with Section 17.725.008.

All units dedicated to the city pursuant to this chapter shall meet the following requirements prior to acceptance by the city:

1. All applicable fees (including development impact fees), capital improvement financing program assessments, and bond interest payments shall have been prepaid by the developer.

2. The units shall be less than twenty years old and in good condition and repair, as verified by an inspection conducted by the community development department. A second such inspection may need to be performed to confirm that any repair punchlist generated by the initial inspection is completed prior to the city’s acceptance of the unit into the rental housing program.

3. The developer shall have installed any front yard, side yard, any backyard landscaping and the unit’s interior shall meet the city’s minimum interior finish and appliance requirements.

4. The sprinkler system, window coverings, and all appliances shall have been installed in the unit in accordance with the list of required items maintained by the city manager or designee.

5. Each unit must be on a subdivided parcel in accordance with Government Code Section 66426, 66427, or 66428.

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6. The developer shall pay all recording, escrow and title fees involved in the transfer of title to the city, including the costs of a title policy insuring city’s title in a form and with exceptions approved by the city.

E. Other Means of Fulfilling Affordable Housing Requirements. Subject to city manager or designee approval, any developer may fulfill its affordable housing requirement through additional alternative equivalent methods not specifically mentioned in this chapter, including through the provision of rental affordable units by developers of ownership development projects (in accordance with Government Code Section 65589.8), provided that the city council determines such alternative results in the same number of affordable units that would have been provided with on-site construction of affordable units and that the affordable units otherwise meet all requirements of subsections F through G of Section 17.725.003. (Ord. 1014 § 1, 2020)

17.725.004

17.725.005 Implementation procedures.

A. Satisfaction of Affordable Housing Requirement. Each proposal for satisfying the city’s affordable housing requirement, together with a proposed affordable housing agreement per subsection B of this section, shall be reviewed by the city manager or designee, considered for recommendation by the city council committee having jurisdiction, and forwarded to the city council for approval on its consent calendar agenda.

The requirements of this chapter shall be satisfied by all ownership and rental developments subject to this chapter, the applicant receives a waiver under Section 17.725.011.

B. Agreements. Prior to the approval of a final map for any residential development, or issuance of a building permit for a unit within a residential development, to which this chapter applies, whichever comes first, the city and the residential developer shall enter into an affordable housing agreement in a form approved by the city attorney. For those residential developments for which affordable units will be constructed or converted on or off site, the affordable housing agreement shall include appropriate resale controls and/or rent restrictions. For ownership affordable units, the city and the individual homebuyer shall be required to enter into a recorded refinance and resale limitation agreement in a form approved by the city attorney. The city manager or designee is authorized to execute affordable housing agreements, resale controls and/or rent restrictions and any other documents necessary to effectuate the implementation of this chapter, provided such agreements and documents are consistent with the requirements of this chapter.

C. Annual Monitoring and Transfer Fees. Agreements involving rental units provided off site or by conversion of market-rate units as specified in Section 17.725.004(C) shall require the owner of the affordable rental units to submit an annual monitoring report to the housing division, in a format approved by the city manager. For each affordable rental unit provided hereunder, the current owner may be required to pay an annual monitoring fee for the term of required affordability in the amount set forth in the affordable housing agreement. For each owner-occupied affordable unit provided under this chapter, the current owner may be required to pay a transfer fee for any change of ownership as adopted from time to time by the city council during the term of required affordability in the amount set forth in the refinance and resale limitation agreement.

D. Resale Prices for Affordable Ownership Units. The maximum resale price for an affordable ownership unit and terms of resale to an eligible household shall be set by the community development director pursuant to the affordable housing cost as defined in Section 17.725.002(A) and as set forth in a refinance and resale limitation agreement.

E. City’s Right of Option to Purchase Affordable Ownership Units. The resale restrictions as set forth in the refinance and resale limitation agreement shall provide that in the event the owner cannot in good faith and despite his/her best reasonable efforts, locate an eligible household to purchase an affordable ownPage 197 of 314 Quality Code Data 4/22/2021, Page 1320
ership unit at an affordable housing cost, the owner shall give written notice of such circumstances, and an option to purchase, to the city. The city shall also have an option to purchase the affordable unit at the maximum resale price, as limited by any applicable affordability restrictions, if the owner defaults on the terms of the refinance and resale limitation agreement.

F. Selection Criteria for Rental or Ownership Units. No household at the time of move-in shall be permitted to rent, purchase or occupy an affordable unit that is required under this chapter unless its qualifications are consistent with this chapter and the housing manager has approved the household’s eligibility.

Eligible potential occupants of ownership affordable units must be first-time homebuyers and will be qualified on the basis of household income as defined in this chapter, including all sources of income and assets, the relationship between household size and the size of the available units, and any further criteria required by law and/or established by the city council. The affordable housing developer shall use an equitable selection method established in conformance with the terms of this chapter and in compliance with state and federal law. Selection of qualified households shall be based on the affordable housing priorities established below:

Priority 1. Eligible applicants for an affordable unit that live or work within Brentwood city limits. Preference will not be allowed if not permitted by state or federal law or other fair housing restrictions.

Priority 2. Other qualified applicants that do not live or work within Brentwood’s city limits.

The community development director shall establish and maintain eligibility selection contact lists for qualified households based on the two housing priority groups mentioned in subsection F of this section.

Proof of qualification for a priority group shall be provided by a household before placement on one of the selection contact lists. The lists shall be updated as needed.

By virtue of their position or relationship, city senior management employees and officials and their children, or members of the city’s agencies, authorities, or commissions who have, by the authority of their position, policy making authority or influence affecting city housing programs, are ineligible to occupy an affordable unit. (Ord. 1014 § 1, 2020)

17.725.005

17.725.006 Affordable unit concessions and construction incentives.

For any residential development meeting the requirements specified in Section 17.725.003 of this chapter, the city may offer incentives or financial assistance to encourage compliance with this chapter to the extent resources for this purpose are available and approved for such use by the city. In order to provide flexibility in the application of these concessions and incentives, and to ensure that they fit the variety of circumstances and different development projects regularly processed by the city, such incentives may include, but shall not be limited to, any of the following items, applied alone or in any combination upon the city council’s finding that a developer has proven that the incentive is necessary to the financial feasibility of the residential development.

A. Development Processing Fee Deferral. The city manager or designee may approve deferring payment of city processing and plan check fees applicable to the review and processing of the project. The terms and payment schedule of the deferred processing fees shall be subject to the approval of the city manager or designee. In no case shall deferred development processing fees be paid later than occupancy of any of the units in the residential development. In no case shall fees be waived.

B. Development Impact Fee Deferral. The city manager or designee may authorize the deferred payment of development impact fees applicable to the affordable units. Approval of this incentive requires demonstration by the applicant that the deferral increases the project’s feasibility. The applicant must provide appropriate security to ensure future payment of applicable development impact fees. In no case shall

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deferred development impact fees be paid later than occupancy of any of the units in the residential development. In no case shall fees be waived.

C. Density Bonus. Concurrently with consideration of an application for a residential growth management program allocation, the city may award a density bonus for developments that comply with the very low-, low- or moderate-income affordability provisions of this chapter by constructing units on site, paying the appropriate in lieu fee, providing an acceptable alternative equivalent proposal, or a combination of the above, in accordance with this chapter. In the event that a development is also eligible for a density bonus pursuant to Government Code Section 65915, the density bonus authorized pursuant to this chapter shall be included in any density bonus obtained pursuant to state law and shall not increase the amount of the density bonus above that afforded by state law. An application for a density bonus must be received concurrently with an application for residential growth management program allotments. The density bonus provided shall initially be set at nine percent above the midpoint of the density range established in the general plan and zoning code. Fractional density bonus units shall be rounded in the manner set forth in Section

17.725.003(B)(2) of this chapter. The density bonus amount shall be periodically reviewed by the city engineer, the community development director, and the housing manager, who will recommend that adjustments, as appropriate, be adopted by resolution of the city council. Density bonus units authorized under this chapter shall be excluded from the affordability requirements specified in Section 17.725.003 of this chapter.

D. Flexible Design Standards. The approving body may modify city standards, including design guidelines, for affordable units that reduce the costs of and are necessary to result in identifiable and actual cost reductions to provide for affordable housing, including, but not limited to, the following:

1. Reduced lot sizes;

2. Reduced setback requirements;

3. Reduced open space requirements;

4. Construction of duets, duplexes, triplexes or fourplexes on corner lots within single-family areas;

5. Reduced landscaping requirements;

6. Reduced parking requirements;

7. Height restriction waivers.

The applicant shall be responsible for documenting to the satisfaction of city manager or designee, that the modification is necessary for the financial or other feasibility of the residential development. Except for any standards modified by the planning commission, the residential development must otherwise be consistent with all required general plan, zoning code, Uniform Building Code, and other applicable city regulations and policies.

E. Fast Track Processing. The city manager or designee may authorize prioritized application review and project processing including environmental review, report preparation, entitlement meetings, plan checks and project inspections.

F. Direct Financial Assistance. The city council may authorize provision of direct financial assistance in the form of a loan or grant from collected affordable housing trust funds as described in Section

17.725.007 of this code for developments which include dwellings units affordable to very low-, low-, or moderate-income households that exceed minimum affordable unit counts required under Section

17.725.003 of this code.

G. Additional Concessions and Incentives. The city council may consider, on a case-by-case basis, at its sole discretion, the provision of additional concessions or incentives consistent with state law and the housing element of the city of Brentwood general plan for residential development projects that exceed the requirements of this chapter. (Ord. 1014 § 1, 2020)

17.725.006

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17.725.007 Affordable housing in lieu fee fund.

A. Creation. in-lieu fees shall be deposited into the affordable housing in-lieu fee fund, which is part of the housing enterprise.

B. Use. The finance director shall administer all monies in this fund including any interest earnings.

Funds shall be disbursed at the discretion of the city council for the purpose of assisting in the construction of very low-, low- or moderate-income dwelling units, or helping with other affordable housing opportunities. Use of this fund may include the provision of loans to help fund rental housing projects. The finance director is authorized to utilize the city council approved budget to annually fund the city housing operating costs. In addition, the finance director is authorized to make budget adjustments as required to forgive the interfund receivable that has accumulated prior to the adoption of the ordinance codified in this chapter. (Ord. 1014 § 1, 2020)

17.725.007

17.725.008 Brentwood rental housing trust fund.

A. Creation. Net rental income from all rental units dedicated to the city’s previous rental housing program shall be deposited into a Brentwood rental housing trust fund, which is part of the housing enterprise.

B. Use. The finance director shall administer all monies in this fund including any interest earnings.

All funds other than those specified in subsection C of this section shall be utilized to purchase, construct or repair single-family or multifamily rental unit inside the city limits. One-half of the rental income may be utilized from time to time at the city council’s discretion to further the provision of affordable housing in the city of Brentwood so long as sufficient funds remain to pay for the maintenance and operation of existing affordable housing in the city’s rental housing program.

C. Withholding. The finance director is authorized to utilize the city council approved budget to annually fund the city housing operating costs from the rental stream of these affordable rental units to fund city housing personnel and administrative costs directly related to management and administration of the Brentwood rental housing trust fund and program. The finance director is further authorized to withhold up to an additional fifteen percent of net proceeds from the rental stream to reimburse city development fees and agricultural mitigation fees for these units until the city development fee accounts are whole. (Ord. 1014 § 1, 2020)

17.725.009 First time homebuyer fund.

A. Creation. Contributions to the city’s first time homebuyer program in accordance with Section

17.725.004(D) shall be deposited into the first time homebuyer fund, which is part of the housing enterprise.

B. Use. The finance director shall administer all monies in this fund, including any interest earnings.

All monies in the fund, other than those specified in Section 17.725.009(C) shall be loaned to first time homebuyers that qualify as a moderate-income, low-income or very low-income household, in accordance with terms and provisions of the approved first time homebuyer program approved by the city council.

C. Withholding. The finance director is authorized to utilize the city council approved budget to annually fund the city housing personnel and administrative costs directly related to the management and administration of the first time homebuyer fund and program. (Ord. 1014 § 1, 2020)

17.725.010 Enforcement.

A. General. The city shall enforce this chapter, and its provisions shall be binding on all agents, successors, and assigns of an applicant. The city may suspend or revoke any building permit or approval upon finding a violation of any provision of this chapter. No land use approval, building permit, or occupancy apPage 200 of 314 Quality Code Data 4/22/2021, Page 1323
proval shall be granted for any residential development unless it is in compliance herewith, including, but not limited to, actions to revoke, deny, or suspend any permit or development approval.

B. Excessive Sales Price and Rents/Legal Action. It is unlawful, a public nuisance and a misdemeanor for any person to sell or rent an affordable unit at a price or rent exceeding the maximum allowed under this chapter or to a household not qualified under this chapter, and such person shall be subject to a five hundred dollar fine per month from the date of original noncompliance until the affordable unit is in compliance with this chapter. If the city determines that the sales price or rents in excess of those allowed by operation of this chapter have been charged to a household residing in an affordable unit, the city may take appropriate legal action.

C. Violation Abatement. The city of Brentwood city attorney or the Contra Costa County district attorney, as appropriate, shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing regulatory agreements and affordability controls placed on affordable units by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. 1014 § 1, 2020)

17.725.010

17.725.011 Waiver.

A. A developer of any project subject to the requirements of this chapter may request that the requirements of this section be waived or modified by the city council, based upon a showing that applying the requirements of this section would result in an unconstitutional taking of property or would result in any other unconstitutional result.

B. Any such request for a waiver shall be made in writing to the city council, submitted to the city concurrently with applicant’s submission of a universal application for any proposed residential development subject to this chapter.

C. The request for waiver shall set forth in detail the factual and legal basis for the claim of waiver or modification. The city council shall consider the request at the public hearing on the permit application. The applicant shall bear the burden of presenting substantial evidence to support the waiver request, including comparable technical information to support applicant’s position.

D. A waiver of an affordable housing requirement may only be approved by the city council to the extent necessary to avoid an unconstitutional result, based upon legal advice provided by or at the behest of the city attorney, after adoption of written findings, based on legal analysis and substantial evidence. The decision of the city council shall be final. If a modification or waiver is granted, any change in use within the project shall invalidate the waiver or modification of the affordable housing requirement, and a new application shall be required for any waiver or modification under this section. (Ord. 1014 § 1, 2020)

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From: Chelsea Maclean, Holland & Knight
Re: Lone Tree Way Project – City Council Agenda Item No. F I. Introduction
In response to your request, on behalf of Seecon Financial & Construction Co., Inc. (“Applicant”), we reviewed the City Council staff report for Applicant’s proposed residential project located at 7590/7650 Lone Tree Way (APN 018-060-006/007), to be considered by the City Council on January 23, 2024 as Item No. F1. Specifically, we identified certain rights and protections afforded under the Housing Accountability Act (“HAA”)1
, the State Density Bonus Law (“SDBL”)2, and
other state laws, as well as other clarifications in the spirit of collaboration.

II. Summary
As discussed in further detail below, we understand the project as proposed by Applicant includes 34 single family-detached homes plus 2 duet homes (including one duet with 5 shared units, and with both duet homes being affordable). The Planning Commission recommended a modified plan with 33 single family-detached homes plus 4 duet homes (where all duets are affordable). In this extremely challenging economic climate for residential development, we understand that the Planning Commission’s version is not economically viable for Applicant as it reduces 1 single family market rate unit, but adds 2 more affordable units. Since the Applicant’s proposed project is protected by the HAA and SDBL, it would not be permissible for the City Council to require the Planning Commission version of the project since the requisite findings to deny or make the project infeasible have not been made. We understand that you, as the Applicant, continue to request approvals for the originally proposed project. However, in the spirit of collaboration, Applicant has identified an alternative site plan that includes 36 single family detached homes plus 1 Govt. Code § 65589.5. 2 Govt. Code § 65915. We understand that the City’s SDBL ordinance is not currently in compliance with the SDBL. In preparing this memo, we relied on the State’s SDBL in project planning and in our analysis herein.

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2 4 duet homes (again, all duet units would be affordable). In order to provide 4 affordable units, 36 single family market rate units are needed to support the affordable units.

We have addressed other clarifications below as well. The following provides more detail.

III. Request for Approval of Applicant’s Proposed Project As discussed in the City Council staff report for the upcoming hearing on January 23, 2024 (“City Council staff report”), Applicant submitted applications VTSM 9597 and DR 22-005. The Applicant requests that the City approve a residential subdivision consisting of 34 single family homes and a set of duet units; totaling 36 single family homes on 36 lots. One of the duet units is proposed to include 5 shared housing units and to be dedicated to the City. As stated in the City Council staff report, the shared housing is “allowed through the SDBL.”3 This project is referred to herein as the “Proposed Project,” and shown in Exhibit A.

There is on-going discussion regarding the Zoning Code compliance of the units that are planned to be dedicated. As we have discussed (Applicant), our position is that the Zoning Code grants credit for two affordable units for each dedicated unit and that the Proposed Project is therefore in compliance with the affordable housing obligation. The Zoning Code provides that “a residential developer may propose one of the alternative equivalents set forth below to meet the requirements of Section 17.725.003.”4 One of the options that an applicant is provided is to dedicate affordable units to the City. That section is copied verbatim below5 :

D. Dedication of Affordable Units to the City of Brentwood. An applicant may dedicate constructed or converted on-site or off-site affordable units to the city’s rental housing program to satisfy the requirements of this chapter. Mobile homes and units within cooperative developments are excluded from dedication. Each unit dedicated to the city shall equate to the construction of two affordable units that would otherwise be required pursuant to Section 17.725.003(D). Income from these affordable rental units shall be deposited into a Brentwood rental housing trust fund administered by the city’s finance director in accordance with Section 17.725.008. [Emphasis added] As shown in emphasis above, it is the applicant’s option to choose this selection. Where the applicant chooses to do so, the Zoning Code states that such unit “shall” equate to the construction of two affordable units. The City Council staff report says that “[i]n the event the City accepts such an offer of dedication, ‘each unit dedicated to the City shall equate to the construction of two affordable units that would otherwise be required.’” However, the Zoning Code does not include the underlined language. As such, the Zoning Code, as currently written, grants the applicant the option to dedicate a unit and the mandatory right to receive credit for each dedicated unit. The Zoning Code does not expressly provide the City the option to accept or not. Also, Zoning Code 3 City Council staff report, p. 3; Govt. Code § 65915 4 Zoning Code §17.725.004 (emphasis added). 5 Zoning Code §17.725.004(D) (emphasis added).

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3 Section 17.725.005 (Implementation Procedures) contains no special procedures for dedicated units as a method for meeting the City’s affordable housing requirements.

Applicant has worked very hard to develop a program based on the published Zoning Code. Based on these efforts and in compliance with the published Zoning Code and other State laws, the Proposed Project is consistent with objective standards and therefore protected pursuant to the HAA.
6 As such, it may be denied or conditioned only where certain narrow findings are made.7 Moreover, since the Proposed Project includes twenty percent of its units as low income units (consisting of 10 lower income units), it is further protected by an additional provision of the HAA requiring even more stringent findings for denial.
8 IV. The Version of the Project Recommended by the Planning Commission is Not Economically Feasible and, Therefore, Impermissible
The City Council staff report recognizes that the version of the project recommended by the Planning Commission may not be required and may proceed only “if the applicant agrees to” the modifications.9 The modification recommended by the Planning Commission eliminates the shared housing unit and includes an additional set of duet units, instead of one set of duets. The Planning Commission’s proposal results in 37 lots, 33 of which are single family units and 4 are duet units (with all duet units being affordable). This is referred to herein as the “Planning Commission Project.”
Following the Planning Commission hearing, Applicant evaluated the Planning Commission Project proposal and determined after thorough review that it is not economically viable for several reasons. I understand that Applicant’s review included factors such as: the extremely challenging residential market given homebuyer interest rates, rising costs of building materials, labor, builders insurance, and almost every other component large or small that is a part of buying, planning, developing, building, and selling a residential community at this point in time. As compared to the Proposed Project, the loss of one (1) market rate single family lot and the addition of two more affordable duet units makes the project financially infeasible acting as an effective denial. Without 6 Govt. Code § 65589.5(j). 7 Generally, these findings are that the housing development project would have a specific, adverse impact upon the public health or safety and that there is no way to mitigate the impact. (Govt. Code. § 65589.5(j)(1)). 8 A project with cities 20% low-income units may deny a project only if one of the following conditions are met: (1) the city has a “substantially compliant” housing element and has “met or exceeded” its share of regional housing need for the types of housing the project would provide; (2) The project would have “a significant, quantifiable, direct, and unavoidable impact” on public health or safety; (3) The project violates a “specific state or federal law” and there is “no feasible method” to comply without rendering the project “unaffordable to low- and moderateincome households”; (4) The project site is zoned for agricultural or resource preservation or lacks adequate water or wastewater service; (5) The project is inconsistent with the city’s zoning and the land-use designation of its general plan (as of the date the application was deemed complete), and the city “has adopted a revised housing element in accordance with [statutory deadlines] that is in substantial compliance with this article.” (Govt. Code § 65589.5(d)(5).) Notably, since Brentwood has not adopted a substantially compliant Housing Element (based on the HCD compliance tracker) denial based on inconsistency with the General Plan or Zoning is not a permissible basis at this time.
9 City Council staff report, p. 3.

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4 the requisite findings under the HAA, approving the Planning Commission Project and denying the Proposed Project would be impermissible.

V. Alternative Project Proposed In Applicant’s Historical Spirit of Collaboration In an effort to be collaborative, I understand that Applicant identified an alternative project that with effort is feasible. The alternative would continue to include 4 duet homes (which would continue to be affordable), but would increase the market rate single family lots to 36. This is referred to herein as the “Alternative Project,” and shown in Exhibit B. Increasing the number of single family lots (by 2 as compared to the Proposed Project, and by 3 as compared to the Planning Commission Project) would give Applicant a means to offset the costs of constructing and selling the affordable units and other increased project costs that will exist if something other than the Proposed Project is approved.

Alternative Project is consistent with the General Plan density. The R-VLD designation is designed predominantly for larger single family residence lots. The permitted density range is 1.1 to 3.0 units per gross acre (du/ac). The Alternative Project would include the same number of units as the Proposed Project (i.e. 40 units by replacing the 5 shared units with single family and duet units) and density would remain at 2.45 du/ac (40 units/16.32 acres = 2.45) which is consistent with the General Plan. Therefore, with the same number of units, the park calculation would also remain unchanged.

The Alternative Project also continues to satisfy the SDBL and the City’s inclusionary ordinance.10 VI. Park In-Lieu Fee Required Instead of Park Dedication As we have discussed, the Zoning Code makes a distinction between the park requirement for subdivisions depending on whether it includes 50 units or less. Municipal Code Section

16.150.120 requires the dedication of park land for a “proposed subdivision of more than fifty parcels.” Separately, Section 16.150.130 requires the payment of a park fee-in-lieu for a “subdivision of fifty or less parcels.” Since the Applicant proposes less than 50 parcels, Applicant need only pay the in-lieu fees, and is not required to dedicate park land.

VII. SDBL Clarifications
I understand that Applicant desires to make clarifications regarding its SDBL requests. • In order to satisfy the City’s density transition, Applicant designed the Proposed Project subdivision to include “wings” (essentially six-foot extensions on two of the lots), in order to buffer the new lots from the surrounding properties. However, Applicant has requested a waiver under the SDBL to remove these projections. We understand that staff supports this request.
11 10 The Alternative Project includes 2 duet homes at very low income, 1 duet home at low income, and 1 duet home at moderate income. 11 See City Council staff report Table 3, Row 1.

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5 • The Applicant also requested a waiver to grant it relief from the 20-foot front yard setback requirement for the single family homes and proposes instead 15-foot front yard setbacks. Granting the requested front yard setbacks supports the affordable housing economics because it would allow for larger yards, porches and other amenities that increase desirability and values for those homes, thus further offsetting the cost of the affordable units.

VIII. Response to Recent Public Comment
A nearby developer provided public comment regarding a desire for a ten-foot masonry wall along the perimeter of the project. A ten-foot wall would not comport with the appearance of the area.

We did not locate any requirement that requires construction of a wall between new development and existing development. Further, the California Environmental Quality Act does not include privacy of existing residents as an environmental impact. Nonetheless, Applicant designed the Project to incorporate design elements, including setbacks and landscaping, to minimize any privacy concerns of neighboring homeowners.

To the extent possible Applicant has preserved views, and neither the Proposed Project nor the Alternative Project would remove trees, rock outcroppings, or historic buildings within a state scenic highway, and the area is not designated as a scenic vista. We note that the Initial Study describes: “the proposed project is identified for urban land uses in the Brentwood General Plan.

The proposed project is consistent with the overriding considerations that were adopted for the General Plan. As such, implementation of the proposed project would not create new impacts over and above those identified in the General Plan Final EIR nor significantly change previously identified impacts.” Therefore, in our opinion, there are no view-related impacts from either the Proposed Project or the Alternative Project.

IX. Conclusion
Therefore, Applicant’s Alternative Project satisfies the Zoning Code, the HAA, SDBL, and other state and city requirements.

Please let me know if you have questions or comments on the foregoing.

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Exhibit A
Proposed Project

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7 Exhibit B
Alternative Project

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1 2
5 4 3
19 6 7 8 9 10

PARCEL Z
35 34
33 26 27 28 30 31 32 25
24 23
22 21
20 17
15 14
16 13
11 36
18 37
29 39
38 12
40 8FT CMU WALL
BRENTWOOD, CA JANUARY 29, 2024

LONE TREE WAY

MASTER PLOTTING PLAN (ALTERNATE)
1 SINGLE
STORY
2 TWO
STORY
3 TWO
STORY
15 37.5%
COUNT

PERCENT
PLAN#
GRAND TOTAL HOMES: 40
TOTAL PERCENT: 100.0%
10 25%
11 27.5%

DISTRIBUTION TABLE

CITY OF BRENTWOOD
R1-12 ZONING
GENERAL STANDARDS:

FRONT 20 FEET
REAR 20 FEET
SIDE YARD 12 FEET
MIN AGGREGATE 30 FEET
CORNER SIDE 10 FEET
LOT DEPTH 150' MAX
LOT WIDTH 90 FEET
LOT SIZE 12,000 SF MIN

CATCHINGS CATCHINGS CATCHINGS
2,924 SF 3,490 SF 3,834 SF 7590 & 7650 LONE TREE WAY
4 DUETS
2,000
4 10%

AFFORDABLE HOUSING (PRELIMINARY)
J = JADU (RENT), 5 LOW-INCOME
D = DUET (RENT/SALE) SF
1 MODERATE, 1 LOW
2 VERY-LOW

STANDARDS ARE WAIVED PER SDBL

APPLICANT'S ALTERNATE

TO PC-PREFERRED MPP

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Lone Tree Residential Project
December 5, 2023
De Novo Planning Group
IS/MND Supplemental Analysis Memo
City of Brentwood
Lone Tree Residential Project
December 5, 2023
The following analysis (described for each of the IS/MND environmental topics) provides information beyond what is provided within the Lone Tree Residential Project IS/MND, to reflect the potential of the Project to utilize a shared housing unit (allowed through density bonus) within one of the proposed (duet) units, as proposed by the Project applicant. Although this modification to the Project does not reflect a CEQA issue per se, the following supplemental analysis is provided for the sake of disclosure. Therefore, based on this potential approach by the Project applicant, the following discussion discloses the differences associated with the Project assuming it would contain the equivalent of 40 housing units, four units more than the 36 housing units analyzed in the IS/MND. This would not change any of the IS/MND significance determinations, nor does it affect CEQA otherwise, as these differences are very minor.

Supplemental Analysis:
 I. Aesthetics: No change.
 II. Agriculture and Forest Resources: No change.
 III. Air Quality: No change (note: the Project with 40 units would also not exceed the applicable screening criteria).
 IV. Biological Resources: No change.
 V. Cultural Resources: No change.
 VI. Energy: The potential increase in housing units from 36 to 40 would increase energy consumption approximately as follows:
o Natural Gas (kBTU/year):
 36 housing units: 932,034
 40 housing units: 1,035,593
o Electricity (kWh/year):
 36 housing units: 274,163
 40 housing units: 304,626
o On-road vehicles (operation) (gallons of gasoline fuel per year):
 36 housing units: 28,893
 40 housing units: 32,103
o On-road vehicles (construction) (gallons of gasoline fuel per year):
 36 housing units: 2,142
 40 housing units: 2,380
o On-road vehicles (construction) (gallons of diesel fuel per year):
 36 housing units: 3,226
 40 housing units: 3,584
o Off-road vehicles (construction) (gallons of diesel fuel per year):
 36 housing units: 13,156
 40 housing units: 14,618
o Other (gallons of gasoline fuel per year):
 36 housing units: 56
 40 housing units: 62

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Lone Tree Residential Project
December 5, 2023
De Novo Planning Group
 VII: Geology and Soils: No change.
 VIII: Greenhouse Gas Emissions: No change (note: the GHG analysis relied on the GHG analysis for the City as a whole as provided in the General Plan EIR).  IX: Hazards and Hazardous Materials: No change.
 X: Hydrology and Water Quality: No change.
 XI: Land Use and Planning: The potential increase in housing units from 36 to 40 could potentially increase density on-site as follows (Note: in both cases, the Project would remain within the General Plan density range of 1.1 to 3.0 dwelling units per acre):
o 36 housing units: 2.2 dwelling units per acre
o 40 housing units: 2.5 dwelling units per acre
 XII: Mineral Resources: No change.
 XIII: Noise: No change.
 XIV: Population and Housing: The potential increase in housing units from 36 to 40 would increase the number of residents as follows (based on 3.22 persons per household) 1 :
o 36 housing units: 116 residents
o 40 housing units: 129 residents
 XV: Public Services: The potential increase in housing units from 36 to 40 would increase the number school students approximately as follows:
o High School students:
 36 housing units: 5 students
 40 housing units: 6 students
o K-8
th students:
 36 housing units: 15 students
 40 housing units: 17 students
Separately, the potential increase in housing units from 36 to 40 could increase the need for park space as follows:
o 36 housing units: 0.58 park dedication
o 40 housing units: 0.65 park dedication
 XVI: Recreation
o 36 housing units: 0.58 park dedication
o 40 housing units: 0.65 park dedication
 XVII: Transportation: No change (note: the traffic analysis described VMT in terms of VMT per capita, which remains the same regardless of the number of housing unit assumed for the analysis).
 XVIII: Tribal Cultural Resources: No change.
 XIX: Utilities and Service Systems: The potential increase in housing units from 36 to 40 would increase Project utilities consumption as follows:
o Wastewater Flow (MGD):
 36 housing units: 0.010
 40 housing units: 0.011
 XX: Wildfire: No change.
 XXI: Mandatory Findings of Significance: No change.

1 City of Brentwood. 2014 Brentwood General Plan Update EIR [pg. 3.10-32]. July 22, 2014.

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LEIGH PRINCE
Direct No: 704.384.2617
Email: [email protected]
345 California Street
Suite 2200
San Francisco, CA 94104
415.364.5540 415.391.4436
101 S. Tryon Street
17th Floor
Charlotte, NC 28202
704.384.2600 704.384.2800
www.foxrothschild.com
February 27, 2024
Via Email: [email protected]
City Council
City of Brentwood
150 City Park Way
Brentwood, CA 94513
Re: City Council Meeting February 27, 2024 Agenda Item G.1.

Opposition to Mitigated Negative Declaration and Vesting Tentative Subdivision Map for the Lone Tree Way Residential Project Dear Honorable Mayor and Councilmembers:

Enclosed is a letter written on behalf of Discovery Builders, Inc. (DBI), for your consideration regarding Item G.1. of the February 27th City Council Meeting.

As detailed in the enclosed letter, the environmental analysis and the land use analysis are legally inadequate and DBI respectfully requests the City not adopt the MND and deny the Project.

Sincerely,
Leigh Prince
cc: Interim City Attorney ([email protected])
City Manager ([email protected])
Director of Community Development ([email protected]) Associate Planner ([email protected])
City Clerk ([email protected])
Client

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LEIGH PRINCE
Direct No: 704.384.2617
Email: [email protected]
345 California Street
Suite 2200
San Francisco, CA 94104
415.364.5540 415.391.4436
101 S. Tryon Street
17th Floor
Charlotte, NC 28202
704.384.2600 704.384.2800
www.foxrothschild.com
February 27, 2024
Via Email: [email protected]
City Council
City of Brentwood
150 City Park Way
Brentwood, CA 94513
Re: Opposition to Mitigated Negative Declaration and Vesting Tentative Subdivision Map for the Lone Tree Way Residential Project Dear Honorable Mayor and Councilmembers:

This letter is written on behalf of Discovery Builders, Inc. (“DBI”) a home builder with an interest in ensuring that the City of Brentwood’s laws are applied fairly and equitably on all projects. DBI urges the City Council not to adopt the Mitigated Negative Declaration (SCH #20231003390) and to deny the Vesting Tentative Subdivision Map (VTSM 9597) and the Design Review application (DR 22-005) for the Lone Tree Residential Project (“Project”). As set forth in this letter, the Project must be denied for the following reasons:

1. The analysis in the Mitigated Negative Declaration is inadequate.

2. The Project does not comply with the State Density Bonus Law; the requested waivers are not necessary to physically construct the Project.

3. The Project neither complies with the City’s objective standards in the Zoning Ordinance nor provides adequate affordable housing.

As will be discussed in detail in this letter, the Project cannot be approved as proposed (or any version thereof) without completing the legally appropriate analysis and ensuring the Project complies with all applicable environmental and land use laws. Therefore, DBI respectfully requests the City Council deny the Project as proposed.

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February 27, 2024

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Project
The description of the Project, and its various versions, lacks clarity relative to the number of lots and dwelling units proposed. Clarity is critical not only to compliance with the City’s inclusionary housing ordinance and the application of State Density Bonus Law, but also the environmental analysis that requires a stable and accurate project description.

1. Original Project. The Original Project is described as including 34 single family homes and one duet with two units for a total of 36 units, including two lots with “wings” to satisfy the City’s density transition policy.1 The site plan for the Original Project depicts 35 single-family lots.

2. Revised Project #1. Revised Project #1 is described as 40 total units consisting of 34 single-family units, one duet with two units and one shared housing building with five units. Adding these numbers together equates to a total of 41 units. The site plan, however, shows only 36 units consisting of 34 singlefamily units and one duet with two units. Revised Project #1 proposed to qualify for State Density Bonus Law (Government Code Section 65915) using a shared housing concept and eliminate the “wings” using a waiver. As will be discussed below, shared housing does not comply with the City’s Zoning Ordinance and is not mandated by State Density Bonus Law and the Project does not qualify for waivers.

3. PC Recommended Project. The PC Recommended Project is described as 37 total units including 35 single-family units and two duets. As duets each have two units, this version of the project would have a total of 39 housing units. The site plan, however, shows 33 single-family homes and two duets for a total of 37 units.

4. Revised Project #3. Revised Project #3 is described as 40 total units including 37 single-family units and two duets each with two units. Adding these numbers together results in a total project of 41 units. The site plan shows 36 single-family units and two duets (4 units) for a total of 40 units.

As can be seen from the above discussion, the description regarding number of units and the site plans do not match and it is unclear exactly the number and type of units proposed or that would be approved if the City Council acted.
1 Similar to a duplex, a duet will share a common wall; however, these are single-family attached homes that are sold separately.

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Mitigated Negative Declaration
The following provides a list of deficiencies in the Mitigated Negative Declaration (“MND”), all of which are valid reasons not to adopt the MND:

1. Where an agency fails to provide an accurate project description or fails to gather information and undertake an adequate environmental analysis in its initial study, a negative declaration is inappropriate. An accurate and complete project description is necessary to fully evaluate the project's potential environmental effects. Nelson v. City of Kern (2010) 190 Cal.App.4th 252, 276; Lighthouse Field Beach Rescue v, City of Santa Cruz (2005) 131 Cal.App.4th 1170, 1202. As described above, the project description is confusing; the number and size of units is unclear and inconsistent. Without a clear picture of the Project, the environmental analysis is inappropriate.

2. As a residential project, the Project is required to include affordable units.

Pursuant to Municipal Code Chapter 17.725, Affordable Housing, the Project is required to set aside a certain percentage of the units as affordable to moderate, low and very-low income households. To comply with Municipal Code Section 17.725.005(B), the list of requested entitlements on page 6 should include an affordable housing agreement.

3. The MND concludes that there is no impact to agricultural resources; in other words, this issue is “not relevant” to the project (MND, page 17). However, as described in the Archaeological Survey Report, this area and the project site have historically been used for farming and agriculture. Although not currently productive, it is relevant that the proposed Project is converting what has historically been agriculture land to residential use. Thus, there should be a more robust consideration of the impact on the loss of agricultural land.

4. The air quality section fails to undertake an adequate analysis and suffers from several deficiencies making the MND inappropriate:
a. The MND concludes that the Project will have no impact and will not conflict with or obstruct implementation of an applicable air quality plan.

In reaching that conclusion, the MND provides neither a quantitative analysis showing that the Project emissions fall within plan parameters nor a qualitative analysis discussing which plan measures will be included in the Project to comply with or further the goals of the applicable air quality plans. Instead, the only basis for the no impact conclusion is that the 2017 Clean Air Plan incorporated population and employment projections from the City’s 2014 General Plan. b. The analysis concluding there is a less than significant air quality impact seems to minimize the impact by narrowly defining operational emissions as resulting from electricity use at night and visitor vehicles.

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This ignores a broad range of operational emissions, including daytime electricity use, resident trips and deliveries, to name a few. c. The screening criteria for carbon monoxide emissions is identified as consistency with applicable congestion management programs; however, there is no discussion of how the project complies with any such programs.
d. There is a concerning discussion of Valley Fever and the health risk is not adequately mitigated. AIR-3 provides: “During periods of high dust in the grading phase, crews must use…N95 masks or better….” Without a definition of “periods of high dust” there is no guidance as to when the additional protective measures are necessary and as such the mitigation is impermissibly vague, ineffective and unenforceable in violation of Public Resources Code Section 21081.6. Additionally, there are no mitigations/protections for nearby residents who would also potentially be affected by air borne contaminants.

5. The project site is large and mostly vacant, which provides opportunities for special status plants and animals to be present on-site. The biological resources section suffers from several deficiencies:
a. The discussion of the Project’s compliance with East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan is limited to the payment of a fee, which does not eliminate the potential for the Project to impact biological resources. The MND should provide a more robust discussion of any programs, policies or measures in the conservation plan that should be incorporated into the Project. b. The MND minimizes the potential for special status plant species to be located on site. Even if the site is routinely mowed because special status plant species are known to be in the area, a survey should have been completed as part of the MND and a mitigation measure included for a preconstruction survey to ensure there would be no take of special status plants.
c. The MND identifies several off-site trees that need protection. The MND inappropriately focuses on not damaging those trees “beyond what is needed for the proposed project.” The mitigation measure identified, which is supposedly included to protect the trees, allows encroachment into the tree protection zone if needed. Thus, the mitigation is ineffective in violation of Public Resources Code Section 21081.6.

6. The energy analysis provides information (amount of natural gas and electricity usage, vehicle miles travelled, and fuel used during construction), but no analysis to understand why the report concludes it is not wasteful, inefficient or

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155501133.2
unnecessary. There should be a discussion or comparison to a standard that would allow an informed determination.

7. The MND inappropriately defers analysis and mitigation of hazards. Deferring environmental assessment to a future date runs counter to the policy of the California Environmental Quality Act, which requires environmental review at the earliest feasible stage in the planning process. Sundstrom v. County of Mendocino (1988) 202 Cal.App.3d 296, 307.
a. The project site has historical agricultural land use activities. Rather than including an evaluation of the soil quality, the MND concludes that such analysis should be done prior to development (Mitigation Measure HAZ-1). The soil analysis must be completed now and should be included as part of the MND, and the environmental impact of any needed remediation must also be included and considered. b. The evaluation is limited to the soil immediately surrounding building footprints. This is a residential development where children will play in (and even eat) the dirt in the backyard more than 10 feet from the house or in the park. Therefore, the soil evaluation area should be expanded. c. The survey for underground storage tanks and wells or septic systems (HAZ-2 and HAZ-3) must be completed now, and any necessary removal and remediation analyzed in the MND and not impermissibly deferred to the permit stage.

8. A Health Risk Assessment is a tool used to estimate the adverse health effects caused by exposure to environmental pollutants in a variety of media such as air, water and soil. As noted above, the Project has potential health impacts as a result of contaminants in the air and the soil, at a minimum. Therefore, a Health Risk Assessment must be completed and included in the MND.

9. The vehicle miles travelled (“VMT”) analysis, which has ripple effects on the greenhouse gas and energy sections, fails to provide an actual calculation of the VMT with the Project. The transportation zone in which the project site is located currently has a VMT per capita of 23.60 for the year 2021. Without any analysis, the MND summarily concludes the Project will not have a significant impact on VMT, and therefore, does not exceed the threshold of 23.63 for citywide VMT. The delta between the current VMT without the Project and the citywide VMT threshold is 0.03, a very small difference. Without a quantitative analysis, it is impossible to accurately and adequately determine if VMT with the Project would exceed the threshold. Failure to provide an adequate analysis renders the negative declaration inappropriate. Lighthouse Field Beach Rescue v, City of Santa Cruz (2005) 131 Cal.App.4th 1170, 1202.

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10. Best practice, even for smaller projects, is a net zero threshold for greenhouse gas emissions. A net zero threshold aligns with the California Air Resources Board 2022 Scoping Plan and furthers the statewide objective to reduce emissions, not simply keep emissions at current levels. Each project should do its “fair share” to reduce greenhouse gas emissions. The MND finds that there would be a less than significant impact from the Project by reliance on State standards that affect vehicle and building energy efficiency. Instead, the MND instead should focus on what measures this Project could implement to do its fair share in reducing greenhouse gas emissions.

State Density Bonus Law
The Project seeks to use State Density Bonus Law (Government Code Section 65915) to obtain waivers that would allow the Project to avoid compliance with objective City design standards. To qualify for a density bonus, incentives, waivers and parking modifications, a project must provide a certain percentage of affordable units. To qualify, the applicant is proposing to provide five percent of the units for very-low income households. Government Code Section 65915(b)(1)(B). The site plans for the various versions of the Project include between 35 and 37 housing units, which would require two very-low income units, which the applicant is proposing to provide. If, however, the Project included 41 units, three very-low income units would be required. 2 Simply providing the requisite number of affordable units does not entitle the applicant to waivers. A waiver is defined as a modification to design requirements necessary to physically construct the project at the allowed density and with the allowed concessions.

Government Code Section 65915(e)(1).3 Courts have only upheld a waiver where a density bonus or concessions are part of the project. Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 764 and Wollmer v. City of Berkeley (2011) 193 Cal.App.4th 1329. Here, the Project includes neither a density bonus nor a concession.

Design standards are developed to accommodate the maximum allowable density.

Therefore, to physically construct a project with more density than allowed or with a concession, a modification of design standards would be necessary. Many cities approach this quantitatively and provide a similar percentage change to design standards as the density bonus utilized by the project. This makes sense because a project that, for example, increases density by 10 percent would need a commensurate waiver to 2 State Density Bonus Law calculations focus on the number of housing units. Projects with a larger number of units need to provide more affordable units. The law requires that fractional units be rounded up to the next whole number. Government Code Section 65915(q). If the project included 41 units, five percent would round up to a requirement of three very-low income units and the required number of total affordable units would increase from four to five.
3 Economic feasibility is irrelevant to a waiver. Wollmer v. City of Berkeley (2011) 193 Cal.App.4th 1329.

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February 27, 2024

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increase floor area or decrease open space to physically construct the project at the increased density. This Project, however, is not increasing the density beyond that allowed by the General Plan and Zoning and is also not requesting any concessions.

Because the proposed density is within allowable parameters, there is no need to modify design standards to physically construct the Project and the City can and should deny the requested waivers.

Nothing in State Density Bonus Law mandates allowing dwelling units that are inconsistent with the City’s Zoning Ordinance. State Density Bonus Law must cover a variety of housing products that are addressed in zoning codes from very-low density residential to high density multi-family, to senior housing and student housing. State law allows an increase in density over the allowable base density provided for in zoning; it does not mandate any particular type of unit be allowed, or that shared housing be allowed in any zone. The code section referenced to support the position that the City must allow shared housing, Government Code Section 65915(o)(7)(A)(i), is simply a definition of shared housing. There is no language making it mandatory for the City to allow shared housing in a zone where it is not permitted. Reliance on a definition to conclude the City must allow shared housing is legally inappropriate and the City should not approve a version of the Project that includes shared housing.

Housing Accountability Act
To qualify under the provisions of the Housing Accountability Act (Government Code Section 65589.5), a housing project must be consistent with the Zoning Ordinance and General Plan. Nothing prohibits the City from requiring compliance with objective standards.

The Project does not comply with objective City standards. As discussed above, if shared housing is included in the Project, the Project would not be consistent with the Zoning Ordinance and there is nothing in State Density Bonus law which would apply to argue consistency. Revised Project #2 would also not comply with objective standards. The applicant has proposed lots that do not comply with the minimum lot size, minimum lot width, maximum lot depth, minimum front yard setback, minimum side yard setback and minimum rear yard setback. Without a waiver, which as discussed above is not necessary for physical construction, the Project is not consistent with the City’s objective standards.

If a project does not comply with objective standards, the Housing Accountability Act protections, including applying the ordinances, policies, and standards in place when the complete preliminary application was submitted, would not apply. Thus, a non-compliant project would not be able to take advantage of the older inclusionary requirements and the current higher requirements would apply.

The City’s inclusionary ordinance currently requires six percent moderate, four percent low and three percent very-low income. Municipal Code Section 17.725.003(D). With a

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37-unit project, this would be two moderate, one low and one very-low income unit for a total of four affordable units. Then, to qualify for State Density Bonus Law, the Project would need one or two more very-low income units for a total of five or six affordable units.

Reliance on the Housing Accountability Act or the State Density Bonus to approve a project that failed to meet objective standards or provide adequate affordable housing would be legally inappropriate. It would also undermine the very purpose of these State laws to generate more affordable housing to address the State’s housing crisis.

Affordable Housing Ordinance
Assuming as provided in the staff report that the Project is subject to the Housing Accountability Act, the Project would need to provide one very-low income unit, one lowincome unit and one moderate income unit. Then, to take advantage of State Density Bonus Law, the Project would need to provide two very-low income units. In total, the Project would need to provide two very-low income units, one low income unit and one moderate income unit for a total of four affordable units.

Affordable units are generally required to be comparable to the market-rate units in exterior design, quality, materials, architectural elements and overall construction quality, as well as number and proportion of bedroom types. Municipal Code Section

17.725.003(F). An applicant may request an exception through the design review approval process to permit a reduced front, side and backyard landscaping and smaller square footage for bedrooms. Notwithstanding these requirements, the applicant has not proposed any single-family units that are comparable to the market-rate single-family units.

Instead, the applicant has proposed to take advantage of Municipal Code Section

17.725.003(F)(1) and provide all affordable units as duets. To provide massing and lot proportions consistent with the residential development, the Municipal Code provides a duet unit will satisfy the city's affordable housing requirement. Additionally, the applicant has proposed to provide only three affordable units, or one less affordable than required, by double counting the unit it proposes to dedicate to the City.

Despite the applicant’s claim, there is no requirement that the City accept a dedication and fewer total affordable units. Municipal Code Section 17.725.004, Alternative Equivalent Proposal, allows a developer to propose an alternative. A proposal is, by definition, a plan put forward for consideration or discussion by others. Accordingly, Section 17.725.004 requires the applicant to submit in writing a proposal demonstrating that the equivalent alternative will provide as much or more affordable housing in the city as would be achieved through the construction of required on-site affordable units, be consistent with the city's housing element, and not increase residential segregation.

Additionally, for ownership developments, an alternative equivalent proposal must result in an approximately equal geographic distribution of affordable units throughout the city.

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The proposal is processed in accordance with Section 17.725.005, which requires City Council approval, meaning that the City has discretion to accept or reject the alternative proposal. By dedicating one unit and providing only three affordable units instead of four provides less affordable housing, not more or even an equivalent alternative. Therefore, the City should reject the dedication and require four affordable units in compliance with the City’s code.

As described above, the environmental analysis and the land use analysis are legally inadequate and DBI respectfully requests the City not adopt the MND and deny the Project.

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D e N o v o P l a n n i n g G r o u p
A L a n d U s e P l a n n i n g , D e s i g n , a n d E n v i r o n m e n t a l F i r m

D E N O V O P L A N N I N G G R O U P
1 0 2 0 S u n c a s t L a n e , S u it e 1 0 6 | E l D o r a d o H i ll s, C A 95762 sm c m u r tr y @d e n o v o p l a n n in g . c o m | T E L 9 1 6 5 8 0 9 8 1 8 April 23, 2024
Miguel Contreras, Associate Planner
City of Brentwood
150 City Park Way
Brentwood, CA 94513
SUBJECT: Lone Tree Residential Project – Response to the Fox Rothschild Letter Dear Mr. Conteras:

De Novo Planning Group has carefully reviewed the letter to the City Council provided by Fox Rothschild, on behalf of Discovery Builders, dated February 27, 2024. The letter includes several unsubstantiated assertions that the environmental analysis (i.e. IS/MND) is not legally adequate, and Discovery Builders is requesting that the City not adopt the IS/MND.

The letter does not provide any valid or substantially supported evidence to support the claim that the IS/MND is inadequate. We remain confident that the analysis, conclusions, and mitigation measures provided in the IS/MND are fully appropriate and legally defensible. Moreover, none of the objections contained in the letter make the environmental analysis legally inadequate.

Sincerely,

DE NOVO PLANNING GROUP
Ben Ritchie
Principal

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CITY COUNCIL AGENDA ITEM NO. H.2
06/11/2024
SUBJECT: Amendments to the Brentwood Municipal Code to reflect changes in fire agencies and clarify responsible parties relating to fire emergencies.

DEPARTMENT: City Manager
STAFF: Melissa Ballesteros, Executive Assistant
Tim Ogden, City Manager

TITLE/RECOMMENDATION
Introduce and waive first reading of an Ordinance authorizing text amendments relating to fire services from any applicable sections of the current municipal code.

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

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

BACKGROUND
On July 1, 2022, the former East Contra Costa Fire Protection District (ECCFPD) merged with the Contra Costa County Fire Protection District. Due to this annexation, updates to the Brentwood Municipal Code are warranted, as references to the now obsolete ECCFPD are found throughout. In undertaking this work, staff also took the opportunity to make certain positions more general, and to avoid the need to make further amendments in the code, simply noting that the services are being provided by the “current fire services provider.”
On April 16, 2024, Community Development staff requested the Planning Commission adopt Resolution No. 24-003, recommending that the City Council adopt an Ordinance to replace the words “Fire Chief”, “Fire Marshal”, “Fire Department”, “Fire District”, “East Diablo Fire Protection District”, “East Contra Costa Fire Protection

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CITY COUNCIL AGENDA ITEM NO. H.2
06/11/2024
District”, and “Contra Costa County Fire District” with “current fire services provider” in any applicable sections of Title 17 (Zoning) of the Brentwood Municipal Code.

The attached ordinance includes not only those Title 17 amendments reviewed by the Commission, but also changes to Titles 2 (Administration and Personnel), 8 (Health and Safety), and 9 (Public Peace and Welfare).

It should be noted that replacing “East Contra Costa Fire Protection District” with “current fire services provider,” changes the boundary of the required residence of the City Manager in Section 2.36.020, and could receive additional consideration by the City Council. An alternative consideration is to retain the reference to “East Contra Costa Fire Protection District”, as the section references the boundary as of September 23, 2014.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable.

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on May 31, 2024.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation based on legally defensible findings, including the proposed change in Section 2.36.020.

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

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CITY COUNCIL AGENDA ITEM NO. H.2
06/11/2024

ATTACHMENT(S)

1. CC Ordinance

2. Planning Commission Staff Report

3. Planning Commission Resolution No. 24-017

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD, APPROVING A ZONING TEXT AMENDMENT TO THE
BRENTWOOD MUNICIPAL CODE (RZ 24-001), AMENDING TITLE
17 (ZONING ORDINANCE); AND AMENDING CHAPTER 2.36.020,
CHAPTER 8.36.035, CHAPTER 8.48.030, CHAPTER 9.12.050,

UPDATING REFERENCES TO THE CURRENT FIRE SERVICES

PROVIDER
WHEREAS, the City of Brentwood, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, on July 1, 2022, the East Contra Costa Fire Protection District (“ECCFPD”) was annexed into the Contra Costa County Fire Protection District (“CCCFPD”), and CCCFPD is the current fire services provider for the city of Brentwood; and
WHEREAS, City staff prepared a zoning text amendment (“Ordinance”) that would amend Title 17 of the Brentwood Municipal Code (Zoning Ordinance) to remove references to the ECCFPD and East Diablo Fire Protection District; and WHEREAS, the Planning Commission has reviewed the proposed amendments to the Brentwood Municipal Code, has found that the proposed amendments are consistent with the goals and policies of the General Plan, and recommends adoption of the proposed amendments to the City Council ("City Council"); and WHEREAS, the City published a notice of public hearing in the Brentwood Press on April 5, 2024, in accordance with City policies and Government Code Section 65090; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 16, 2024, to consider a recommendation that the City Council adopt the proposed Ordinance, which amends Title 17 (Zoning) of the Brentwood Municipal Code, attached hereto as Exhibit A; and
WHEREAS, this amendment is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment; and WHEREAS, the City published a notice of public hearing in the Brentwood Press on May 31, 2024, in accordance with City policies and Government Code Section 65090; and

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WHEREAS, on June 11, 2024, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission; and NOW, THEREFORE, the City Council of the City of Brentwood does ordain as follows:

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

SECTION 2. With respect to Brentwood Municipal Code Section 17.879.008:

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

The zoning text amendments set forth below are consistent with the Brentwood General Plan, as they will neither adversely change nor impact any of the goals or policies therein, and are only reflective of the reorganization of the local fire protection district. In addition, insomuch as General Plan Goal CSF 4 calls upon the City to “ensure the provision of high quality and responsive fire protection services,” these text amendments ensure that the Municipal Code does not identify a now obsolete fire protection district.

SECTION 3. The Brentwood Municipal Code shall be amended as follow.

Deletions from the current Brentwood Municipal Code are indicated in strikeout text, and additions are indicated in underline text. Section and subsection numbers and titles are shown only for reference. Sections and subsections not included below shall remain unchanged:

Section 2.36.020 Appointment
The city manager shall be appointed by the city council solely on the basis of his/her executive and administrative qualifications and ability. Residence in the city of Brentwood shall not be required as a condition of employment. However, no later than one year after employment, the city manager shall reside within the boundaries of the current fire services providerEast Contra Costa Fire Protection District, as those boundaries existed on September 23, 2014. Upon the city manager’s showing of a good faith effort to relocate pursuant to this section, the city council may, by motion, extend the one year relocation period. No member of the city council shall receive such appointment during the term for which he/she shall have been elected or within

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one year after the expiration of his/her term of office. (Ord. 933 § 1, 2014; Ord. 898 § 5, 2012; Ord. 332 § 2, 1982)
Section 8.36.035 Weed abatement

2. Applicability. In its enforcement, the city may apply this section, or the fire code regulations adopted in Chapter 15.06, or both. The city may also apply the most recent Minimum Weed Abatement Standards approved by the East Contra Costa County Fire Protection Districtcurrent fire services provider.

Section 8.48.030 Exceptions
Exceptions to this chapter are:

A. Snap caps and party poppers (classified by the State Fire Marshal as pyrotechnic devices). (See also Section 15.06.020, Chapter 56, Explosives and Fireworks, of this code.)
B. The possession, transport, sale, and use of red flares (highway fuses) as a warning device.

C. Items that the State Fire Marshal has investigated and determined to be limited to industrial, commercial or agricultural use, when authorized by a permit issued by the city under Section 15.06.020 (Section 5601.2.1, Prohibited and Limited Acts) of this code, or by the East Contra Costa Fire Protection District current fire services provider under the California Fire Code.

D. A public fireworks display event authorized by the city under a special event permit, if that special event permit also includes a permit for fireworks issued by the city under Section 15.06.020 (Section 5608.2, Permit required) of this code, or by the East Contra Costa Fire Protection District current fire services provider under the California Fire Code. (Ord. 966 § 1, 2016)
Section 9.12.050 Exemptions
E. Solicitation for a charity by city law enforcement or other public safety personnel, orEast County Fire Protection District current fire services provider firefighters, in compliance with State Business and Professions Code Section 17510.25. To qualify, at least ten business days before a solicitation, the charity must file an application with the chief, to include: (1) date(s) and time(s) and location(s) of the solicitation; (2) the manner and conditions under which the solicitation will occur; and (3) proof of a valid liability insurance policy of at least one million dollars.

The chief may impose reasonable conditions.

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F. Activity permitted or authorized under any county, state or federal law. (Ord. 953 § 2, 2015)
Section 17.466.005 PD-16 (Planned Development Sixteen) Zone Performance standards for subarea A.

All permitted and conditionally permitted uses developed within subarea A shall conform to the performance standards set forth in Section 17.200.004.

General. No uses will produce excessive noise, heat, glare, humidity, vibration, excessive wastes, toxics, air pollution, smoke or odors, etc., and will comply with all police, fire department ordinances and health department, and current fire services provider ordinances.

Section 17.680.004.K.1 Oil and Gas Production
Development standards.

K. Soundproofing

1. Any well which is to be drilled or redrilled, and which is within five hundred feet of an occupied building, shall have all parts of a derrick above the derrick floor, including the elevated portion used as a hoist, enclosed with fire resistive soundproofing blanket or panel material. Such soundproofing shall comply with accepted American Petroleum Institute standards and shall be subject to fire department the regulations of the current fire services provider. All doors shall be closed during drilling, except for ingress and egress and necessary logging, testing and well completion operations. Alternative materials or methods of noise abatement may be used, such as electric power for drilling, provided such alternative is approved by the planning commission. The commission may approve any such alternative if they find that the proposed material and/ or method have equal soundproofing properties and fire resistive qualities to being enclosed as stated above. Any alternative may require the submission of evidence by the permittee to substantiate any claims that may be made regarding the use of such alternatives. The planning commission may waive these soundproofing requirements if they find them unnecessary.

Section 17.680.004.O.3 Oil and Gas Production
O.Storage Tanks/Production Equipment

3. No storage tank shall be erected closer than fifty feet from any building, nor shall any building be erected within fifty feet of any storage tank. The city may permit this distance separation to be reduced for low occupancy industrial or warehouse buildings, subject to additional or special safety of fire systems requirements which may be approved and imposed by the fire district current

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fire services provider. These distance provisions shall not apply to any tank or related facility constructed prior to 1998.

Section 17.690.060.A Adult-Oriented Business Regulations Investigation and action on application.

A. Appropriate Investigation and Inspection. Upon the filing of a completed application, the commission shall cause to be made by its own members, or members of its staff, an appropriate investigation, including consultation with the building, police, fire and health departments, and the current fire services provider; and inspection of the premises as needed. Consultation is not grounds for the city to unilaterally delay in reviewing a completed application.

Section 17.690.120.B Adult-oriented business development standards B. Compliance with Building and Fire Regulations. Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed, and provided in compliance with the fire district and building regulations and standards adopted by the city, and the regulations and standards adopted by the current fire services provider.

Section 17.690.160.A.1 Permit revocation
A. Findings Required for Revocation.

1. The business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits for the building in which the use is located set by the fire marshal current fire services provider;
Section 17.710.008.C Mobile Home Parks
Additional regulations.

C. Fire protection facilities: including hydrants, shall be installed by the developer as required by the city and the East Diablo fire protection district current fire services provider.

Section 17.740.060.C.2 Residential Condominium Conversions Standards for condominium conversion.

C. Fire Prevention

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2. Maintenance of Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be retained in an operable condition at all times. Prior to occupancy of any dwelling unit, a fire code compliance inspection shall be performed by the Contra Costa County fire district current fire services provider.

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

SECTION 5. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. 14 Cal.

Code Regs. § 15061(b)(3). The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City.

THIS ORDINANCE was introduced with the first reading waived at a regular meeting of the City Council of the City of Brentwood on the 11th day of June 2024 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED

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Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

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PLANNING COMMISSION AGENDA ITEM NO. E.1
04/16/2024
SUBJECT: Planning Commission Staff Report.docx
DEPARTMENT: Community Development
STAFF: Erik Nolthenius, Planning Manager
Andrew M. Smith, Senior Planner

TITLE/RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 24-017, recommending that the City Council adopt an Ordinance to replace the words “Fire Chief” or “Fire Marshal” with “Fire Official”; and replace the words “Fire Department”, “Fire District”, “East Diablo Fire Protection District”, and “Contra Costa County Fire District” with “current fire services provider” in any applicable sections of Title 17 (Zoning) of the Brentwood Municipal Code.

OWNER/APPLICANT
City of Brentwood

GENERAL PLAN
Citywide

ZONING/SURROUNDING LAND USES
Citywide

PREVIOUS ACTION(S)
Not applicable

BACKGROUND

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PLANNING COMMISSION AGENDA ITEM NO. E.1
04/16/2024
On July 1, 2022, the East Contra Costa Fire Protection District (“ECCFPD”) was annexed into the Contra Costa County Fire Protection District (“CCCFPD”). CCCFPD is the current fire services provider for the city of Brentwood, and the Brentwood Municipal Code (BMC) is being updated to reflect this change. Additionally, there are several instances of outdated language located throughout the Zoning Ordinance (Title 17 of the BMC) regarding the City’s fire services provider.

Pursuant to Section 65853 of the California Government Code, and Chapter 17.870 of the BMC, the Planning Commission must first provide a recommendation to the City Council prior to the adoption of any amendments to the Zoning Ordinance.

PROJECT DESCRIPTION
Staff is recommending the following changes be made to Title 17 (Zoning) of the BMC:

Replace “Fire Chief” and “Fire Marshal” with “Fire Official” to cover any position of authority when it comes to fire services.

Replace “Fire Department”, “Fire District”, “East Diablo Fire Protection District”, and “Contra Costa County Fire District” with “current fire services provider”.

ANALYSIS
The proposed amendments will bring the Zoning Ordinance up to date with regard to the City’s current fire services provider. There will be no changes to the applicable regulations themselves.

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on April 5, 2024.

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

ATTACHMENT(S)

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PLANNING COMMISSION AGENDA ITEM NO. E.1
04/16/2024

1. Resolution No. 24-017

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CITY COUNCIL AGENDA ITEM NO. H.3
06/11/2024
SUBJECT: 2023/24 Parks and Recreation Cost Allocation Plan and Schedule of City Fees
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Stacey Dempsey, Recreation Supervisor

TITLE/RECOMMENDATION
Adopt a Resolution amending the City of Brentwood 2023/24 Cost Allocation Plan and Schedule of City Fees related to the timing of Consumer Price Index adjustments and revisions to Parks and Recreation fees; and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act.

FISCAL IMPACT
The fees contained within this proposed amendment to the 2023/24 Cost Allocation Plan are enacted to cover reasonable costs associated with a particular use and/or service. Consumer Price Index (“CPI”) fee changes have been taken into consideration within the FY 2023/24 adopted budget. The attached fees are designed to recover costs for services performed by the City.

Should the City Council adopt the new fees proposed to be effective in FY 2024/25, the following are estimates of the annual fiscal impact:
1) General Fund revenues would increase by approximately $6,800 from a new Special Event Street Closure 1-3 Blocks Fee.
2) General Fund revenues would increase by approximately $1,200 from a new Special Event Street Closure 4+ Blocks Fee.
3) Currently, the City absorbs the costs of any cleaning or damage from Special Event permit holders and/or attendees. Depending on the type of cleaning or damage that is needed at the end of a Special Event, the costs are borne by the General Fund and/or Enterprise Funds. Application of a new Refundable Damage and Cleaning Deposit for Special Events would offset some or all of these costs.

Fees proposed to be removed from the Cost Allocation Plan (“CAP”) include (1) Late Fee for Youth Sport Leagues (per person), (2) Brentwood Family Aquatic Complex Picnic Tables 2 hours Resident and Non-Resident, (3) Basketball/Pickleball Court

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CITY COUNCIL AGENDA ITEM NO. H.3
06/11/2024
Rental, (4) Volleyball Court Rental, (5) Tennis Court Rental. Removal of these fees will have no impact on the FY 2023/24 Operating Budget, as no revenue for these fees was included in the adopted budget.

BACKGROUND
Currently, on July 1st of each year, most City fees are adjusted by an amount equal to the percentage of increase in the Consumer Price Index (CPI) - Urban Wage Earners and Clerical Workers, San Francisco-Oakland-Hayward, California. The Parks and Recreation Department offers a variety of seasonal programs and facilities in which the season ends in October, including aquatics programs and swimming pool, ball field, and picnic rentals. So as to not have CPI fee increases occur during the middle of the season, staff brings the proposed changes before the City Council prior to the adoption of the Cost Allocation Plan for these changes in fees and implementation of new fees to be effective November 1st, unless otherwise noted in Exhibit “A”.

With this Resolution, staff is recommending the following changes be made:

Application of CPI to rates. Staff recommends that all Park and Recreation fees, except for Recreation Program fees and facility deposits, be increased by the annual CPI rates.

Facility rental fees. During the COVID-19 pandemic, CPI increases were not applied to facility rental fees. The CPI calculations for those three years were 0.71%,

4.13% and 6.53%, respectively, for a total of 11.37%. Based on staff’s recommendation from last fiscal year that an incremental increase be applied to facility rental fees over the next five years beginning in FY 2024/25, staff is recommending applying the cumulative 11.37% not applied in previous years, be applied at a rate of 2.274% per year over the next five years. This increase would be in addition to the current year’s CPI, also effective on November 1st.

Inclusion of recently adopted fees. In April 2024, the City Council approved updates to the Special Event permit process and related fees proposed by the Parks and Recreation Department. These new fees have been incorporated into this proposed amendment to the Cost Allocation Plan.

Removal of unused fees. Staff is recommending the removal of unused fees including Late Fee for Youth Sport Leagues (per person), Basketball/Pickleball Court Rental, Volleyball Court Rental, and Tennis Court Rental.

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CITY COUNCIL AGENDA ITEM NO. H.3
06/11/2024
Picnic rental fees. Brentwood Family Aquatic Complex Picnic Tables fees were set per two hours, while all other picnic rental rates are set at an hourly rate. These fees were removed and replaced by an hourly rate with a two-hour minimum, to be consistent with other picnic rental fees.

Recreation program fees. Previously, individual Recreation Program fees have been included in the Cost Allocation Plan, however, Recreation Program fees are approved by the Parks and Recreation Director throughout the year, so the approved fees in the Cost Allocation Plan were not necessarily indicative of current Recreation Program fees. These individual fees have been replaced in the Cost Allocation Plan with the following verbiage: “The Director of Parks and Recreation approves recreation program fees throughout the year in accordance with the cost recovery goals defined in section 5.8.1 of Council/Administrative Policy 10-5, Budget and Fiscal Policies. Recreation program fees are published quarterly in the City’s Activities Guide.”
For Recreation Programs, staff recommends maintaining the current fees. Staff reviews all recreation program fees to ensure compliance with the related cost recovery level as approved by Council/Administrative Policy 10-5, Budget and Fiscal Policies section 5.8 Parks and Recreation Programs and Facility Rentals. Recreation Program fees will be increased due to the increased cost of offering the program including minimum wage increases, increasing costs of supplies, and proposed contract instructor rates. All current Recreation Programs comply with the related cost recovery level, with the exception of Oldies But Goodies.

Oldies But Goodies. Oldies But Goodies has been operating below cost recovery for many years. While the program is open to all seniors, the majority of the 15-20 participants have language barriers, mobility difficulties, have minimum family contacts, and/or participate in other low-income services. Weekly art and craft projects, music, guest speakers, bingo, parties, and snacks are provided. The crafts chosen are designed to be accessible for seniors with limited dexterity, and volunteers assist when needed. Many of the seniors in the program do not have the mobility, language skills, or financial means to participate in other drop-in or paid classes, so this particular program provides a space for socialization and recreation to that population. The current $5 will not meet the required cost recovery level, but will help to offset the cost of the program. The part-time salary cost will be absorbed into the current budget. Staff is recommending maintaining the current fee for this program, as an increased fee may cause a financial hardship for those wanting to participate.

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CITY COUNCIL AGENDA ITEM NO. H.3
06/11/2024
Bingo permit fee. Along with the above revisions, staff determined that the Bingo Permit fee should be exempt from a yearly CPI increase and, under California Penal Code Section 326.5, such fees may generally not exceed $50. (Staff notes that the law provides that an additional fee for law enforcement and public safety costs incurred by the city that are directly related to bingo activities may be imposed and can be collected monthly by the city; however, the fee may not exceed the actual costs incurred in providing the service. Staff’s recommendation continues to be to exempt this fee from the annual CPI increase.)
A list of the proposed updated Parks and Recreation fees may be found in Exhibit “A” of the attached resolution.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
The City of Brentwood published public hearing notices in the Brentwood Press on May 31, 2024 and June 7, 2024.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
If a potential CPI adjustment makes particular fees potentially no longer competitive in the market, staff will notify the City Council and provide a recommendation on how to proceed. Possible recommendations could include keeping the fee as it is with no CPI increase. Related to programs, as required by state law, fees will not exceed the reasonable cost of providing the service for which the fee is charged.

ATTACHMENT(S)

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CITY COUNCIL AGENDA ITEM NO. H.3
06/11/2024

1. Previous Action

2. Exhibit A

3. Resolution

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

On April 23, 2019, the City Council adopted Resolution 2019-54, amending the City of Brentwood 2018/19 Cost Allocation Plan and Schedule of City Fees related to: 1) the implementation and timing of Consumer Price Index adjustments and 2) proposed adjustments to Parks and Recreation permit, athletic leagues, recreation programs, activities, and aquatic fees.

On September 10, 2019, the City Council adopted Resolution 2019-103, adopting the 2019/2020 Cost Allocation Plan and Schedule of City fees and repealing Resolution 2018-128.

On June 9, 2020, the City Council adopted Resolution 2020-74, amending the City of Brentwood 2019/20 Cost Allocation Plan and Schedule of City Fees related to the timing of Consumer Price Index adjustments; and revisions to Park Planning and Landscape Review Fees; and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act.

On August 25, 2020, the City Council adopted Resolution 2020-116, adopting the FY 2020/21 Cost Allocation Plan and Schedule of City Fees; making certain supporting findings, including the inapplicability of the California Environmental Quality Act to these actions; imposing said fees; establishing a process for waiving or adjusting certain fees; and repealing Resolution No. 2019-103 which adopted the FY 2019/20 Cost Allocation Plan and Schedule of City Fees.

On May 11, 2021, the City Council adopted Resolution 2021-49, amending the FY 2020/21 Cost Allocation Plan and Schedule of City Fees related to the timing of Consumer Price Index adjustments; and revisions to Parks and Recreation fees; and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act.

On June 14, 2022, the City Council adopted Resolution 2022-78, amending the City of Brentwood 2022/2023 Cost Allocation Plan and Schedule of City Fees related to the timing of Consumer Price Index adjustments; and revisions to Park and Recreation fees; and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act.

On September 27, 2022, the City Council adopted Resolution 2022-122, adopting the FY 2022/23 Cost Allocation Plan and Schedule of City Fees; making certain supporting

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findings, including the inapplicability of the California Environmental Quality Act to these actions; imposing said fees; establishing a process for waiving or adjusting certain fees; and repealing Resolution No. 2021-137, which adopted the FY 2021/22 Cost Allocation Plan and Schedule of City Fees; considering the inclusion of two new fees for 1) City owned electric vehicle charging stations, and 2) credit card processing.

On February 28, 2023, the City Council adopted Resolution 2023-22, amending the 2022/23 Cost Allocation Plan and Schedule of City Fees to adopt, change and eliminate certain permitting fees; and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act.

On June 13, 2023, the City Council adopted Resolution 2023-81, amending the 2023/2024 Cost Allocation Plan and Schedule of City Fees related to the timing of Consumer Price Index adjustments; and revisions to Park and Recreation fees; and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act.

On September 12, 2023, the City Council adopted Resolution 2023-113, 1) adopting the FY 2023/24 Cost Allocation Plan and Schedule of City Fees; 2) making certain supporting findings, including the inapplicability of the California Environmental Quality Act to these actions; 3) establishing a process for waiving or adjusting certain fees; 4) adding certain new Community Development, Police and Public Works fees; and 5) repealing Resolution 2022-122, which adopted the FY 2022/23 Cost Allocation Plan and Schedule of City Fees.

On April 23, 2024, the City Council directed staff to include proposed fees for Special Events in the forthcoming Cost Allocation Plan in FY 2024/25.

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Fee Description Current Fee Proposed Fee
Effective 11/1/24
Recreation Programs
The Director of Parks and Recreation approves recreation program fees throughout the year in accordance with the cost recovery goals defined in as defined in Council/Administrative Policy 10‐5, Budget and Fiscal Policies, Section 5.8.1. Recreation program fees are published quarterly in the City’s Activities Guide.

Bingo Permit (annual) $50.00
Late Fee for Youth Sport Leagues (per person) $26.25
Adult Sports
Non‐Resident Fee for Adult Sport Leagues (per person) $13.00 Team Name Change USSSA Fee Actual Cost
Aquatics
Recreational Swim Single Entry (Saturday and Sunday)1 $9.00 $9.25 Recreational Swim Single Entry (Monday ‐ Friday)1 $6.00 $6.00 Lap Swim Single Entry1 $5.00 $5.00
Tot Splash1 $6.00 $6.00
BFAC Swim Practice Lane Fee1 $9.00 $9.25
Part‐Time Staff (per hour) Hourly Rate + Benefits
Facility Rentals2
Special Event Permit Application Fee $54.00 $56.00
Facility Rental Application Fee $54.00 $56.00
Billing Processing Fee $54.00 $56.00
Application Rush Fee (less than 30 days) $34.50 $35.75
Refundable Damage Deposit for Non‐Alcohol Event $250.00 $250.00 Refundable Kitchen Cleaning/Damage Deposit ‐ Senior Center $300.00 $300.00 Refundable Kitchen Cleaning/Damage Deposit ‐ Community Center $200.00 $200.00 Refundable Damage Deposit for Alcohol Event $500.00 $500.00 Refundable Field Deposit (50+ Bookings, Tournaments, Camps and Clinics) $500.00 $500.00 Refundable Special Event Cleaning/Damage Deposit (500 Attendees or less) 3 $500.00 Refundable Special Event Cleaning/Damage Deposit (501+ Attendees)3 $1,000.00 Special Event Street Closure ‐ Small (1‐3 Blocks) Not To Exceed 1,300 Feet 4 Resident $200.00
Non‐Resident $220.00
Commercial $260.00
Non‐Profit $140.00
Special Event Street Closure ‐ Large (4+ Blocks) Not To Exceed 2,500 Feet 4 Resident $400.00
Non‐Resident $440.00
Commercial $520.00
Non‐Profit $280.00
Part‐Time Staff Fee (per hour) Hourly Rates + Benefits
Field Rentals
2 Refundable Field Deposit (40 Bookings or Less) $250.00 $250.00 Cancellation Fee $34.50 $35.75
Unpaid Balance Late Fee less than 30 days prior to event $95.00 $98.00 Contract Modification Fee (5 days after receipt of contract) $68.00 $70.00 (5 business day grace period for changes without charges once application has been submitted) Contract Modification Fee (less than 14 days prior to event) $137.00 $142.00 Rental Liability Insurance $98.00‐$700.00 $98.00‐$700.00 Part‐Time Staff (per hour) Hourly Rate + Benefits
Ball Field Prep Services (per field) $34.75 $36.00
Ball Field Prep without lining (per field) $20.25 $21.00 Extra Mow (per field) Actual Cost
1 Non‐Resident Fee does not apply to these programs
2 See Facility Rentals/Tournament Cancellation Policy
3 Fee effective July 1, 2024
4 Fee effective January, 2025
Parks and Recreation Fees
1 2023/24 Cost Allocation Plan and Schedule of City Fees Page 252 of 314 Fee Description Current Fee Proposed Fee
Effective 11/1/24
Parks and Recreation Fees
Field Rentals (Continued)
2 Scorekeeper Fee (per hour) Hourly Rate + Benefits
Soccer Field Prep Service (per field) $20.25 $21.00
Soccer Field Lining Services (per field) $104.00 $108.00 Soccer Field Lining Repaint (per field) $34.75 $36.00
Solid Waste Garbage Service Actual Cost
Brentwood Family Aquatic Complex
2 Competitive Pool (per hour) (3 hours minimum) $413.00 $429.00 Recreation/Slide Pools (per hour) (3 hours minimum) $317.00 $329.00 Aquatic Park (per hour) (3 hours minimum) $733.00 $762.00 Refundable Deposit $750.00 $750.00
Picnic Tables 2 hours:

Resident $34.25
Non‐Resident $44.75
Picnic Tables (per hour)(2 hours minimum)
Resident $17.75
Non‐Resident $23.00
Brentwood Community Center
2 Rental ‐ Daily Rate (10 hours Maximum for 2 or more consecutive days) Entire First Floor (Including Kitchen)
Resident $1,866.00 $1,982.00
Non‐Resident $2,052.00 $2,180.00
Commercial $2,426.00 $2,577.00
Non‐Profit $1,306.00 $1,387.00
Commercial Kitchen (Only) (2 hours Minimum Required)
Rate (per hour) $35.25 $37.25
Community Room Full ‐ Up to 5 Hours (Friday‐Saturday)
Resident (per hour) $278.00 $295.00
Non‐Resident (per hour) $306.00 $324.00
Commercial (per hour) $362.00 $383.00
Non‐Profit (per hour) $195.00 $206.00
Community Room Full ‐ More than 5 Hours (Friday‐Saturday) Resident (per hour) $231.00 $245.00
Non‐Resident (per hour) $255.00 $269.00
Commercial (per hour) $301.00 $319.00
Non‐Profit (per hour) $162.00 $171.00
Community Room Full (Sunday‐Thursday)
Resident (per hour) $208.00 $220.00
Non‐Resident (per hour) $228.00 $243.00
Commercial (per hour) $270.00 $287.00
Non‐Profit (per hour) $145.00 $154.00
Community Room Hall A and/or B ‐ Up to 5 Hours (Friday‐Saturday) Resident (per hour) $138.00 $146.00
Non‐Resident (per hour) $152.00 $161.00
Commercial (per hour) $180.00 $190.00
Non‐Profit (per hour) $97.00 $102.00
Community Room Hall A and/or B ‐ More than 5 Hours (Friday‐Saturday) Resident (per hour) $113.00 $120.00
Non‐Resident (per hour) $125.00 $132.00
Commercial (per hour) $148.00 $156.00
Non‐Profit (per hour) $79.00 $84.00
Community Room Hall A and/or B (Sunday‐Thursday)
Resident (per hour) $103.00 $109.00
Non‐Resident (per hour) $113.00 $120.00
Commercial (per hour) $136.00 $142.00
Non‐Profit (per hour) $72.00 $76.00 2 See Facility Rentals/Tournament Cancellation Policy 2 2023/24 Cost Allocation Plan and Schedule of City Fees Page 253 of 314 Fee Description Current Fee Proposed Fee
Effective 11/1/24
Parks and Recreation Fees
Brentwood Community Center (Continued)
2 Multi Purpose Room Full
Resident (per hour) $80.00 $84.00
Non‐Resident (per hour) $88.00 $93.00
Commercial (per hour) $105.00 $110.00
Non‐Profit (per hour) $56.00 $59.00
Multi Purpose Room A and/or B
Resident (per hour) $41.25 $43.75
Non‐Resident (per hour) $45.50 $48.00
Commercial (per hour) $53.00 $56.00
Non‐Profit (per hour) $29.00 $30.50
Art Room
Resident (per hour) $41.25 $43.75
Non‐Resident (per hour) $45.50 $48.00
Commercial (per hour) $53.00 $56.00
Non‐Profit (per hour) $29.00 $30.50
Conference Room Full
Resident (per hour) $49.75 $52.00
Non‐Resident (per hour) $54.00 $58.00
Commercial (per hour) $64.00 $68.00
Non‐Profit (per hour) $34.75 $37.00
Conference Room A and/or B
Resident (per hour) $24.75 $26.25
Non‐Resident (per hour) $27.25 $28.75
Commercial (per hour) $32.25 $34.00
Non‐Profit (per hour) $17.25 $18.25
Office Space 1
Resident (per hour) $41.25 $43.75
Non‐Resident (per hour) $45.50 $48.00
Commercial (per hour) $53.00 $56.00
Non‐Profit (per hour) $29.00 $30.50
Office Space 2
Resident (per hour) $80.00 $84.00
Non‐Resident (per hour) $88.00 $93.00
Commercial (per hour) $105.00 $110.00
Non‐Profit (per hour) $56.00 $59.00
Equipment Rental (Flat Rates)
Stage $171.00 $181.00
Brentwood Senior Activity Center
2 (2 hours Minimum Required)
Main Hall ‐ Up to 5 Hours (Friday‐Saturday)
Resident (per hour) $124.00 $131.00
Non‐Resident (per hour) $136.00 $144.00
Commercial (per hour) $161.00 $171.00
Non‐Profit (per hour) $86.00 $92.00
Main Hall ‐ More than 5 Hours (Friday‐Saturday)
Resident (per hour) $111.00 $117.00
Non‐Resident (per hour) $123.00 $129.00
Commercial (per hour) $145.00 $153.00
Non‐Profit (per hour) $78.00 $82.00
Main Hall (Sunday‐Thursday)
Resident (per hour) $89.00 $94.00
Non‐Resident (per hour) $98.00 $104.00
Commercial (per hour) $115.00 $122.00
Non‐Profit (per hour) $62.00 $66.00
Meeting Room
Resident (per hour) $55.00 $58.00 2 See Facility Rentals/Tournament Cancellation Policy 3 2023/24 Cost Allocation Plan and Schedule of City Fees Page 254 of 314 Fee Description Current Fee Proposed Fee
Effective 11/1/24
Parks and Recreation Fees
Brentwood Senior Activity Center
2 (Continued)
Non‐Resident (per hour) $61.00 $64.00
Commercial (per hour) $72.00 $75.00
Non‐Profit (per hour) $39.00 $40.75
Class Room
Resident (per hour) $45.00 $47.75
Non‐Resident (per hour) $49.50 $52.00
Commercial (per hour) $58.00 $62.00
Non‐Profit (per hour) $31.50 $33.25
Meeting Room/Class Room Combination
Resident (per hour) $70.00 $74.00
Non‐Resident (per hour) $77.00 $81.00
Commercial (per hour) $91.00 $96.00
Non‐Profit (per hour) $49.25 $52.00
Kitchen
Rate (per hour) $24.00 $25.50
Senior Center Equipment Rental with Rental of Senior Center (Flat Rate) Portable Stage 16 ft x 8 ft Removal $71.25 $75.00
Portable Stage Rental Resizing $121.00 $128.00
Portable Bar (each) $50.00 $53.00
Entire Facility Daily Rate (10 hours maximum for 2 or more consecutive days) Resident $1,178.00 $1,251.00
Non‐Resident $1,296.00 $1,376.00
Commercial $1,532.00 $1,626.00
Non‐Profit $824.00 $876.00
Commercial Kitchen Daily Rate (10 hours maximum for 2 or more consecutive days) Resident $395.00 $419.00
Non‐Resident $435.00 $461.00
Commercial $514.00 $545.00
Non‐Profit $276.00 $293.00
Apple Hill, Balfour Guthrie and Veterans Parks
2 Group Picnic Shelter Rentals (26‐50 Capacity)
Resident (per hour) $21.00 $22.25
Non‐Resident (per hour) $27.50 $29.00
Commercial (per hour) $27.50 $29.00
Non‐Profit (per hour) $14.75 $15.50
Resident (per day) $128.00 $135.00
Non‐Resident (per day) $166.00 $176.00
Commercial (per day) $166.00 $176.00
Non‐Profit (per day) $89.00 $95.00
Apple Hill, Balfour Guthrie and Creekside Park
2 Basketball/Pickleball Court Rental
Resident (per hour) $7.25
Non‐Resident (per hour) $7.75
Commercial (per hour) $9.25
Non‐Profit (per hour) $5.00
Resident (per day) $72.00
Non‐Resident (per day) $79.00
Commercial (per day) $94.00
Non‐Profit (per day) $50.50
Apple Hill and Veterans Parks
2 Bocce Courts
Resident (per hour) $13.50 $14.25
Non‐Resident (per day) $15.00 $15.75
Commercial (per day) $17.75 $18.50
Non‐Profit (per day) $9.50 $10.00 2 See Facility Rentals/Tournament Cancellation Policy 4 2023/24 Cost Allocation Plan and Schedule of City Fees Page 255 of 314 Fee Description Current Fee Proposed Fee
Effective 11/1/24
Parks and Recreation Fees
Apple Hill and Veterans Parks
2 (Continued)
Two Hour Minimum Equipment Deposit $103.00 $103.00
Apple Hill, Garin and Summerwood Parks
2 Ball Field Rental
Resident (per day) $13.50 $14.25
Non‐Resident (per day) $15.00 $15.00
Commercial (per day) $17.75 $18.00
Non‐Profit (per day) $9.50 $10.00
Arbor View Park, Balfour Guthrie Park, and Veterans Park 2 Volleyball Court Rental
Resident (per hour) $8.25
Non‐Resident (per hour) $9.00
Commercial (per hour) $10.75
Non‐Profit (per hour) $5.75
Resident (per day) $82.00
Non‐Resident (per day) $91.00
Commercial (per day) $107.00
Non‐Profit (per day) $57.00
Balfour Guthrie Park and Sunset Park Athletic Complex
2 Group Picnic Shelter Rentals (51‐100 Capacity)
Resident (per hour) $43.00 $45.50
Non‐Resident (per hour) $56.00 $59.00
Commercial (per hour) $56.00 $59.00
Non‐Profit (per hour) $30.25 $31.00
Resident (per day) $260.00 $276.00
Non‐Resident (per day) $339.00 $359.00
Commercial (per day) $339.00 $359.00
Non‐Profit (per day) $182.00 $193.00
Balfour Guthrie Park2
Ball Field/Soccer Field Rental
Resident (per day) $13.50 $14.25
Non‐Resident (per day) $15.00 $15.75
Commercial (per day) $17.75 $18.50
Non‐Profit (per day) $9.50 $10.00
Field/Soccer Overlay Lights (per hour) $11.25 $11.75
Balfour Guthrie and Creekside Park 2
Tennis Court Rental
Resident (per hour) $8.25
Non‐Resident (per hour) $9.00
Commercial (per hour) $10.75
Non‐Profit (per hour) $5.75
Resident (per day) $99.00
Non‐Resident (per day) $109.00
Commercial (per day) $129.00
Non‐Profit (per day) $69.00
Blue Goose, City and Oak Meadow Parks
2 Group Picnic Shelter Rentals (1‐25 Capacity)
Resident (per hour) $10.25 $10.75
Non‐Resident (per hour) $13.25 $14.00
Commercial (per hour) $13.25 $14.00
Non‐Profit (per hour) $7.25 $7.50
Resident (per day) $63.00 $66.00
Non‐Resident (per day) $82.00 $87.00
Commercial (per day) $82.00 $87.00
Non‐Profit (per day) $44.00 $46.75
2 See Facility Rentals/Tournament Cancellation Policy
5 2023/24 Cost Allocation Plan and Schedule of City Fees Page 256 of 314 Fee Description Current Fee Proposed Fee
Effective 11/1/24
Parks and Recreation Fees
City Park2
City Park (grass and staging area)
Resident (per hour) $92.00 $97.00
Non‐Resident (per hour) $101.00 $107.00
Commercial (per hour) $119.00 $127.00
Non‐Profit (per hour) $64.00 $68.00
Resident (per day) $470.00 $499.00
Non‐Resident (per day) $517.00 $549.00
Commercial (per day) $611.00 $649.00
Non‐Profit (per day) $329.00 $349.00
Part‐Time Staff Fee (per hour) Hourly Rates + Benefits Hourly Rates + Benefits Group Picnic Area w/BBQ Island (1‐25 Capacity) $0.00
Resident (per hour) $15.25 $16.00
Non‐Resident (per hour) $19.75 $21.00
Commercial (per hour) $19.75 $21.00
Non‐Profit (per hour) $10.50 $11.25
Resident (per day) $93.00 $98.00
Non‐Resident (per day) $121.00 $128.00
Commercial (per day) $121.00 $128.00
Non‐Profit (per day) $65.00 $69.00
Gazebo
Resident (per hour) $42.25 $44.75
Non‐Resident (per hour) $46.50 $49.25
Commercial (per hour) $55.00 $58.00
Non‐Profit (per hour) $29.50 $31.25
Resident (per day) $283.00 $300.00
Non‐Resident (per day) $312.00 $330.00
Commercial (per day) $368.00 $390.00
Non‐Profit (per day) $198.00 $210.00
Oak Meadow Park2
Ball Field/Soccer Field Rental (For the First Field)
Resident (per field, per day) $13.50 $14.25
Non‐Resident (per field, per day) $15.00 $15.00
Commercial (per field, per day) $17.75 $18.50
Non‐Profit (per field, per day) $9.50 $10.00
Ball Field Lights (per hour) $11.25 $11.75
Soccer Overlay Lights (per hour) $31.25 $33.00
Skate Park2
Skate Park Rental
Resident (4 hour minimum) $352.00 $373.00
Non‐Resident (4 hour minimum) $387.00 $411.00
Commercial (4 hour minimum) $457.00 $486.00
Non‐Profit (4 hour minimum) $246.00 $261.00
Each Additional Hour $84.75 $90.00
Sunset Park Athletic Complex
2 Ball Field Rental (for the First Field) Rates
Resident (per hour) $27.50 $29.00
Non‐Resident (per hour) $30.25 $32.00
Commercial (per hour) $36.00 $37.75
Non‐Profit (per hour) $19.25 $20.25
Additional Field Rental (per field, per hour) $8.75 $9.25 Ball Field Lights (per hour) $33.25 $35.25
Overlay of Fields 5 and 6 (per hour) $28.50 $30.25
Soccer Field Rental (for the First Field)
Resident (per hour) $27.50 $29.00
Non‐Resident (per hour) $30.25 $32.00 2 See Facility Rentals/Tournament Cancellation Policy 6 2023/24 Cost Allocation Plan and Schedule of City Fees Page 257 of 314 Fee Description Current Fee Proposed Fee
Effective 11/1/24
Parks and Recreation Fees
Sunset Park Athletic Complex
2 (Continued)
Commercial (per hour) $36.00 $37.75
Non‐Profit (per hour) $19.25 $20.25
Additional Field Rental (per field, per hour) $8.75 $9.25 Soccer Field Lights (per hour) $41.75 $44.25
Entire Facility Rental
Resident (per hour) (4 hour minimum) $349.00 $370.00
Non‐Resident (per hour) (4 hour minimum) $383.00 $407.00 Commercial (per hour) (4 hour minimum) $453.00 $481.00
Non‐Profit (per hour) (4 hour minimum) $244.00 $259.00
Includes staff fee but does not include lights, equipment, or preparation fees.

Veterans Park
2 Horseshoes Court
Resident (per hour) $13.50 $14.25
Non‐Resident (per hour) $15.00 $15.75
Commercial (per hour) $17.75 $18.50
Non‐Profit (per hour) $9.50 $10.00
Equipment Deposit (2 hour minimum) $100.00 $100.00
Dedication Trees and Amenities
Tree and Donor Recognition Leaf $288.00 $289.00
Recognition Memorial Bricks (Only available to honor Veterans) per line $113.00 $114.00 Bench w/ plaque $2,021.00 $2,022.00
Drinking Fountain w/ plaque $3,370.00 $3,371.00
Picnic Table $4,045.00 $4,046.00 2 See Facility Rentals/Tournament Cancellation Policy Note: Any fees not shown above can be approved by the Director of Parks and Recreation per Budget and Fiscal Policy 10‐5, Section 5.8. Facility deposits for non‐profits may be waived at the discretion of the Director of Parks and Recreation per Council/Administrative Policy No. 10‐12, Requests for Use of City Funds Note: Facilities booked in hourly increments only
7 2023/24 Cost Allocation Plan and Schedule of City Fees Page 258 of 314 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, AMENDING THE 2023/2024 COST ALLOCATION PLAN AND SCHEDULE OF

CITY FEES RELATED TO THE TIMING OF CONSUMER PRICE INDEX ADJUSTMENTS; AND REVISIONS TO PARK AND RECREATION FEES; AND

FINDING THAT THE PROPOSED AMENDMENTS DO NOT CONSTITUTE A

PROJECT FOR THE PURPOSES OF THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, on April 23, 2019, the City Council adopted Resolution 2019-54, amending the City of Brentwood 2018/19 Cost Allocation Plan and Schedule of City Fees related to: 1) the implementation and timing of Consumer Price Index adjustments and 2) proposed adjustments to Parks and Recreation permit, athletic leagues, recreation programs, activities, and aquatic fees; and
WHEREAS, on September 10, 2019, the City Council adopted Resolution 2019-103, adopting the 2019/20 Cost Allocation Plan and Schedule for City fees and repealing resolution 2018-128; and
WHEREAS, on June 9, 2020, the City Council adopted Resolution 2020-74, amending the City of Brentwood 2019/20 Cost Allocation Plan and Schedule of City Fees related to the timing of Consumer Price Index adjustments; and revisions to Park Planning and Landscape Review Fees; and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act; and
WHEREAS, on August 25, 2020, the City Council adopted Resolution No. 2020-116, amending the FY 2019/20 Cost Allocation Plan and Schedule of City Fees related to: 1) the timing of Consumer Price Index adjustments, and 2) revisions to Park Planning and Landscape Review fees, and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act; and
WHEREAS, on May 11, 2021, the City Council adopted Resolution 2021-49, amending the FY 2020/21 Cost Allocation Plan and Schedule of City Fees related to the timing of Consumer Price Index adjustments; and revisions to Parks and Recreation fees; and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act; and
WHEREAS, on June 14, 2022, the City Council adopted Resolution 2022-78, amending the FY 2021/22 Cost Allocation Plan and Schedule of City Fees related to the timing of Consumer Price Index adjustments; and revisions to Parks and Recreation fees; and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act; and
WHEREAS, on September 27, 2022, the City Council adopted Resolution 2022-122, adopting the FY 2022/23 Cost Allocation Plan and Schedule of City Fees; making certain supporting findings, including the inapplicability of the California Environmental Quality Act to these actions; imposing said fees; establishing a process for waiving or adjusting certain fees; and repealing Resolution No. 2021-137, which adopted the FY 2021/22 cost allocation plan and schedule of city fees; considering the inclusion of two new fees for 1) City owned electric vehicle charging stations, and 2) credit card processing; and

Page 259 of 314 ends

WHEREAS, on February 28, 2023, the City Council adopted Resolution 2023-22, amending the 2022/23 Cost Allocation Plan and Schedule of City Fees to adopt, change and eliminate certain permitting fees; and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act; and WHEREAS, on June 13, 2023, the City Council adopted Resolution 2023-81, amending the 2022/23 Cost Allocation Plan and Schedule of City Fees to adopt, change and eliminate certain permitting fees; and finding that the proposed amendments do not constitute a project for the purposes of the California Environmental Quality Act; and WHEREAS, on September 12, 2023, the City Council adopted Resolution 2023-113, adopting the FY 2023/24 Cost Allocation Plan and Schedule of City Fees; 2) making certain supporting findings, including the inapplicability of the California Environmental Quality Act to these actions pursuant to Sections 15061, 15273, and 15378 of the State CEQA Guidelines; 3) imposing said fees; 4) establishing a process for waiving or adjusting certain fees; 5) adding certain new Community Development, Police and Public Works fees; and 6) repealing Resolution 2022-122, which adopted the FY 2022/23 Cost Allocation Plan and Schedule of City Fees; and WHEREAS, on April 23, 2024, the City Council directed staff to include proposed fees for Special Events in the forthcoming Cost Allocation Plan in FY 2024/25; and WHEREAS, staff is recommending maintaining the current Recreation Program fees without any Consumer Price Index (CPI) increases in Fiscal Year 2024/25, as these fees are calculated using the Parks and Recreation Program Budget Worksheet to ensure cost recovery; and
WHEREAS, the supporting data or the proposed amendments set forth in this Resolution were available for public inspection and review for ten (10) days prior to a public hearing on this matter; and
WHEREAS, a public hearing was duly noticed and held on June 11, 2024 to consider the proposed revisions to the 2023/24 Cost Allocation Plan.

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

Section 1. Findings:

After considering the staff report and supporting data and the testimony received at a public hearing, the Council makes each of the following findings:

A. That CEQA does not apply to the adoption of this Resolution, pursuant to Sections 15061, 15273 and 15378(b)(4) of the State CEQA Guidelines because: this action is not a project because it is a fiscal activity that does not commit the City to any specific project that may result in a potentially significant impact on the environment; and B. The purpose of the fees is to support those City services that are undertaken as a direct or indirect result of members of the public using the services of the City, and will be collected for the purposes of meeting operational expenses and maintaining service to those who request it.

Page 260 of 314 ends

C. The staff report, presentation, and testimony establish:

1. That there is a reasonable relationship between the need for the fee and the type of service for which the fee is imposed; and

2. That there is a reasonable relationship between the amount of the fee and the estimated reasonable cost of providing the type of service for which the fee is imposed; and

3. That the cost estimates set forth in the amendments to the 2023/24 Cost Allocation Plan are reasonable and best approximate the direct and indirect (overhead) costs of City staff.

D. The allocation of the cost to each fee payor bears a fair and reasonable relationship to the fee payor’s burdens on, and the benefits received from, the City.

E. The amended fees do not exceed the reasonable cost of providing the service for which the fee is charged.

Section 2. Fees Imposed:

A. The Council amends the 2023/24 Cost Allocation Plan as set forth in the attached Exhibit A, which is incorporated here by this reference.

B. Each person requesting a service in the City of Brentwood for which a fee is imposed pursuant to the report shall pay the fee set forth in the report.

C. For Fiscal Year 2024/25, fees that are not subject to CPI increases are: Adult Sports, Youth Sports, Creative Activities Play Classes, Pre-School Classes, Creative Activites Arts and Crafts Classes, Teen and Adult Fitness Classes, Youth Dance Classes, Tennis Classes, Gymnastic Classes, Health and Safty Classes, Technology Classes and Camps, Youth Camps, Special Events, Aquatics lessons and programs, and Refundable Deposits.

D. The Oldies But Goodies program fees are hereby exempted from the cost recovery goals set forth in section 5.8.1 of Council/Administrative Policy 10-5 (Budget and Fiscal Policy).

E. For the fiscal years following Fiscal Year 2023/24, except as otherwise provided in this resolution or by other action of the City Council, on November 1 of each year, all Parks and Recreation fees not tied to an alternate index and/or requirement will be automatically adjusted by an amount equal to the percentage of increase to the April CPI for the Urban Wage Earners and Clerical Workers, San Francisco-OaklandHayward, California area, provided that the resulting fee is still no more than necessary to cover the reasonable costs to the City to provide the service and the allocation of the cost to the fee payor still bears a fair and reasonable relationship to the fee payor’s burdens on, or the benefits received from, the City.

Section 3. Use of Fee Revenues:

Page 261 of 314 ends

The revenues raised by payment of these fees, along with any interest earned, shall be used to pay for the City’s costs, including without limitation the capital costs and labor and contract costs directly or indirectly associated with providing the requested services.

Section 4. Subsequent Analysis of the Fees:

The fees established herein are adopted and implemented by the City Council in reliance on the Parks and Recreation Program Budget Cost Recovery Worksheets that have been prepared by the City. During the coming years, the City will continue to gather additional information that may affect the nature, scope and type of services to be provided in response to requests of the public.

Section 5. Effective Date of Revised Fees:

Except as otherwise provided, the fees established through this resolution will be effective November 1, 2024.

Section 6. Severability:

Each component of the fees and all portions of this Resolution are severable. Should any individual component of the fee or other provision of this Resolution be adjudged invalid and unenforceable, the remaining provisions shall be and continue to be fully effective, and the fee shall be fully effective except as to that portion that has been judged invalid.

Section 7. Statute of Limitations:

Any judicial action or proceeding to attack, review, set aside, void, or annul the fees established by this Resolution, or the Resolution itself, shall be commenced within one hundred twenty (120) days of the passage of this Resolution. Any action to challenge an adjustment adopted shall be commenced within one hundred twenty (120) days of the adjustment.

Section 8. Prior Resolutions:

Resolution 2023-113, which adopted the 2023/24 Cost Allocation Plan and Schedule of City Fees, remains in full effect except as may be amended by this or any other resolutions of the City Council.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on June 11, 2024, by the following vote:

Page 262 of 314 ends

CITY COUNCIL AGENDA ITEM NO. I.1
06/11/2024
SUBJECT: Proposed Funding Awards for the FY 2024-25 Economic Development Grant Program and confirmation of the FY 2023-24 reimbursement process
DEPARTMENT: City Manager
STAFF: Darin Gale, Assistant City Manager
Abraham Salinas, Senior Analyst

TITLE/RECOMMENDATION
Consider funding award resolutions for the following:

1. Adopt a resolution approving a grant from the City’s 2024-25 Economic Development Grant Program for Brentwood On Ice in the amount of $20,000.

2. Adopt a resolution approving grants from the City’s 2024-25 Economic Development Grant Program in the amount of $117,000.

3. Adopt a resolution approving the FY 2023-24 reimbursement process.

FISCAL IMPACT
The total fiscal impact is anticipated to be $137,000 as recommended by the Land Use and Development Committee. The fiscal year 2024-25 Economic Development Grant Program has a total of $142,154 available for funding.

BACKGROUND
In 2002, the residents of Brentwood voted to amend the City's Business Tax Certificate ordinance, which is commonly referred to as a business license. This Business Tax Certificate is a tax on businesses based upon the business type and their gross receipts. The Business Tax Certificate ordinance established an “Economic Development Grant Program” by setting aside annually 20% of all revenue generated through the program. The language of the ordinance (Brentwood Municipal Code §

5.04.060 ‘Tax rate’) is as follows:
“Twenty percent of the business license tax collected shall be set aside for economic development for the explicit purpose of business promotion and institutional advertisement for the City of Brentwood. Organizations, including the City of Brentwood and the Brentwood Chamber of Commerce, may apply

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CITY COUNCIL AGENDA ITEM NO. I.1
06/11/2024
annually for the use of these funds on a project by project basis to the city manager. Disbursement of these funds would require city council approval.

Historically, the funds have been set aside to support economic development efforts for the explicit purpose of promoting business development (supporting both existing and new businesses across the community), community services, and institutional advertisement for the City of Brentwood. Disbursement of these funds require City Council approval. Since 2004, the program has awarded approximately $2.8 million in grant funding.

PRIORITY PROJECTS
The current process allows “Priority Projects" to be considered on a two-year cycle and all remaining funds are set aside for an annual competitive economic development grant program.

On March 12, 2024, by Resolution 2024-24, the City Council approved the Priority Projects for fiscal years 2024-25 and 2025-26 for a total of $100,400 as listed in the table below.

Project Organization
Funding
Approved Per
Year (FY 2024-25
and 2024-25)
Holiday Parade Brentwood Chamber of
Commerce $8,500
Hometown Halloween Brentwood Chamber of
Commerce $4,000
Harvest Time Annual Trail Map Harvest Time of
Brentwood $10,000
Summer Concert Series City of Brentwood $50,000
Movies in the Park City of Brentwood
$4,300
Tree Lighting City of Brentwood
$3,600
Juneteenth City of Brentwood
$20,000
Approved Funding Per Fiscal Year: $100,400
At the May 25, 2024 budget workshop, the City Council recommended to fund the entire Juneteenth project from the general fund and not use funding from the

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CITY COUNCIL AGENDA ITEM NO. I.1
06/11/2024
Economic Development Grant Priority Projects. Due to this change, an additional $20,000 has been allocated for the City’s Competitive Economic Development Grant Program.

COMPETITVE GRANTS (FY 2024-25)
On March 13, 2024, staff announced the updated guidelines and application for the 2024/25 Economic Development Grant Program. The materials were distributed through the City's website, social media channels, and direct email communications.

This announcement was also featured in a local news publication.

On April 3, 2024, staff hosted a virtual workshop via Zoom to provide an overview of the program, its history, and the revised guidelines and application process.

Additionally, staff were available to meet with applicants either in person or via Zoom for further inquiries.

For the FY 2024-25 competitive grant cycle, a total of $142,154 is available, which includes the extra $20,000 that originally had been included in the Priority Project list. The City received sixteen (16) applications, requesting a total of $261,625 in funding. A staff committee, including the Assistant City Manager, Economic Development Manager, and Senior Analyst, reviewed the applications. Fourteen (14) applications were determined to be complete and met the City’s grant eligibility requirements. One (1) of the applications was determined to not be eligible and one (1) is not recommended for funding.

On May 29, 2024, staff presented funding recommendations to the Land Use and Development Committee (LUD). After a robust discussion and analysis, LUD recommended that the City Council award Economic Development Grant funds to organizations, projects and events as detailed below in the amount of $137,000.

Additionally, LUD has recommended that staff work directly with the Brentwood Chamber of Commerce in implementing the Small Business Development In-Person Training project listed below. The FY 2024-25 Economic Development Grant Program applications, funding summary, rationale for staff’s funding recommendations, and additional program details are included in the Staff Report for the Special LUD meeting on May 29, 2024.

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CITY COUNCIL AGENDA ITEM NO. I.1
06/11/2024
Project/Event Organization Requested
Funding
Staff’s
Recommended
Funding
LUD’s
Recommended
Funding
3 rd Annual La Gran
Fiesta
Brentwood
Chamber of
Commerce
$6,000 $4,000 $6,000
Banner Up! Art Guild of
the Delta Inc. $12,625 $5,000 $5,000
Brentwood On Ice Got A Party $25,000 $20,000 $20,000
Brentwood Turkey
Trot
Brentwood
Elementary &
Liberty High
School
Districts
$30,000 $11,000 $11,000
Cancer Memorial
Garden Experience
Adventure
Therapy
Foundation
$15,000 $7,500 $5,000
Dia De Los
Muertos
Azucar
Candies and
More
$18,000 $10,500 $18,000
Diwali 2024 United Indian
Association $30,000 $3,500 $5,000
East Bay Business
Expo and Job Fair
2025
Brentwood
Chamber of
Commerce
$9,000 $9,000 $9,000
Elevate Dance
Convention
East County
Performing
Arts Center
$10,000 $0 $0
Holi 2025 United Indian
Association $20,000 $2,000 $2,000
Lunar Year
Festival
Chinese
Culture Club $1,000 $1,000 $1,000
Mitchell Canyon
Education Center
Mount Diablo
Interpretive
Association
$20,000 $0 $0

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CITY COUNCIL AGENDA ITEM NO. I.1
06/11/2024
Project/Event Organization Requested
Funding
Staff’s
Recommended
Funding
LUD’s
Recommended
Funding
Micro-Business
Launch Program
City of
Brentwood $10,000 $9,954 $0
Oktoberfest
Downtown
Brentwood
Coalition
$44,000 $30,000 $44,000
Quilt Show Delta Quilters
Guild $3,800 $1,500 $3,800
Small Business
Development InPerson Coaching
Brentwood
Chamber of
Commerce
$7,200 $7,200 $7,200
Total $261,625 $122,154 $137,000
Staff now seeks direction from the City Council in funding these grant amounts.

These will be formally considered in two separate actions by the City Council. First, the Council will consider and take action on the request from Brentwood on Ice. As one Councilmember has a conflict of interest as to this applicant, that Councilmember will recuse themselves from this portion of the meeting and will not participate in that discussion or decision. Next, the entire City Council will consider all other grant requests and take action on those. Two resolutions are included for consideration separately as to the funding recommendations.

FY 2023/24 ECONOMIC DEVELOPMENT PROGRAM GUIDELINES
On March 14, 2023, by Resolution 2023-30, the City Council approved an update to the Economic Development Grant Program Guidelines and Application (Guidelines).

The update aimed to provide a comprehensive enhancement for the administration of the program. Staff discussed removing some of the reimbursement requirements from the guidelines. However, staff inadvertently failed to remove two requirements from the previously adopted Guidelines. These requirements, which are not included in the FY 2024-25 Economic Development Grant Program Guidelines and Application but are included in the FY 2023-24, are:

1. Documentation of Expenses for Reimbursement (Detailed Expense Report)

2. Payment Documents (Invoices and Receipts)

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CITY COUNCIL AGENDA ITEM NO. I.1
06/11/2024
These changes were discussed with staff during the May 29, 2024 Special LUD meeting. LUD recommends the City Council remove these requirements from the FY 2023-24 Economic Development Grant Program Guidelines to align with the recently adopted FY 2024-25 Economic Development Grant Program Guidelines and Application. The revision is necessary for auditing purposes and proper program administration. A redline version of the FY 2023-24 Economic Development Grant Program Guidelines and Application is included as Attachment 5.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Alternative Options to LUD’s Recommendation:

1. Do not approve LUD’s recommendation.

2. Modify LUD’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution – FY 2024-25 ED Grant Program Award for Brentwood On Ice

3. Resolution – FY 2024-25 ED Grant Program Awards

4. Resolution – FY 2023-24 ED Grant Program Guidelines

5. FY 2023-24 ED Grant Program Guidelines and Application (redline)

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On November 5, 2002, citizens voted in a general election to amend the Brentwood Municipal Code to change the business license tax to a gross receipts tax structure.

As part of the new tax structure, 20% of business license tax revenues were to be reserved for economic development purposes. Subsequently, in 2004, the Economic Development Grant Program was created.

On December 10, 2013, by Resolution No. 2013-172, the City Council amended the grant program and changed the name from Business License Grant Program to the Economic Development Grant Program and established two categories of funding:

Priority Projects and Economic Development Grant Program.

On February 27, 2018, by Resolution No. 2018-20, the City Council added harvest Time in Brentwood Trail Map to the Priority Project List.

On June 12, 2018, by Resolution No. 2018-73, the City Council approved grant funding in the amount of $124,721 for fiscal year 2018-2019, and also approved the removal of the Brentwood Arts Society (Art, Wine, and Jazz Festival) from the 2018- 2019 and 2019-2020 Priority Projects Category.

On January 14, 2020, by Resolution No. 2020-02, the City Council approved funding of the Priority Events category for fiscal years 2020-2021 and 2021-2022. This approval included a 3% annual inflationary increase for all projects under this category.

On January 25, 2022, by Resolution No. 2022-08, the City Council approved Priority Projects funded by the Economic Development Grant Program for fiscal years 2022/23 and 2023/24 in the amount of $77,617 per year. The funding approval did not include a 3% inflationary increase for the 2022/23 and 2023/24 fiscal years.

On March 14, 2023, by Resolution No. 2023-30, the City Council approved an update to the Economic Development Grant Program Guidelines and Grant Application an d allow staff to make minor changes to the guidelines and application as needed.

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD TO APPROVE A GRANT FROM THE FY 2024-25

ECONOMIC DEVELOPMENT GRANT PROGRAM FOR BRENTWOOD
ON ICE IN THE AMOUNT OF $20,000; AND AUTHORIZE THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE DOCUMENTS

RELATED TO THE GRANT PROGRAM, AS NEEDED
WHEREAS, on November 5, 2002, citizens voted in a general election to amend Ordinance No. 707, Chapter 5.04 of the municipal code, changing the business license tax from a flat rate to a gross receipts tax structure; and WHEREAS, as part of the 2002 ballot measure to restructure the City’s business license tax, the voters also approved the creation of a Business License Tax Program (“Program”) that would allocate 20% of total business license tax revenues to grants awarded to projects that support marketing, promotion, and economic development within Brentwood; and
WHEREAS, on December 10, 2013, the City Council approved a Priority Events Category for funding through the Economic Development Grant Program; and WHEREAS, on December 18, 2014, the City Council approved the continued funding of the designated Priority Events; and
WHEREAS, on May 8, 2016, the City Council approved Resolution 2016-27, to continue funding the designated Priority Events from the Economic Development Grant Program in the amount of $54,000, and also approved a scoring system to streamline the approval process; and
WHEREAS, on December 13, 2016, the City Council approved Resolution 2016-165, for the continued funding of the Priority Events Category for the 2017- 2018 Economic Development Grant Program; and
WHEREAS, on January 23, 2018, by Resolution 2018-03, the City Council approved the continued funding of the Priority Events category funding for the Economic Development Grant Program for fiscal years 2018-2019 and 2019-2020; and
WHEREAS, on February 27, 2018, the City Council approved Resolution 2018- 20 to add Harvest Time in Brentwood to the Economic Development Grant Program’s Priority Events category to fund the annual Harvest Time Trail Map and Mobile App for fiscal years 2018-2019 and 2019-2020; and
WHEREAS, on June 12, 2018, by Resolution 2018-73, the City Council approved grant funding in the amount of $124,721 for fiscal year 2018-2019, and

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Page 2 of 3 ends

WHEREAS, oOn March 14, 2023, By Resolution No. 2023-30, Tthe City Council approved an update to the Economic Development Grant Program and Grant Application and allow staff to make minor changes to the guidelines as needed; and.

WHEREAS, oOn March 12, 2024, By Resolution No. 2024-24, tThe City Council approved the continued funding of the Priority Events Category for the Economic Development Grant Program for Fiscal Years 2024-25 and 2025-26; and.

WHEREAS, Oon March 12, 2024, By Resolution No. 2024-25, the City Council approved an update to the Economic Development Grant Program Guidelines and Grant Application; and.

WHEREAS, Oon May 28, 2024, during the annual budget workshop, the City Council by motion recommended to fully fund the Juneteenth annual event from the general fund and not use funding from the Economic Development Grant Program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows: approves a grant from the FY 2024-25 Economic Development Grant Program in the amount of $20,000 to Got-A-Party for Brentwood on Ice, subject to the terms and conditions of the Economic Development Grant Program; and authorize the City Manager or his designee to execute documents related to the grant program, as needed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of June 2024 by the following vote:

Commented [AC1]: Consider previous action of Op
Budget workshop for Juneteenth direction
Formatted: Font: Not Bold

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD TO APPROVE GRANTS FROM THE FY 2024-25

ECONOMIC DEVELOPMENT GRANT PROGRAM IN THE AMOUNT
OF $117,000; AND AUTHORIZE THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE DOCUMENTS RELATED TO THE GRANT

PROGRAM, AS NEEDED
WHEREAS, on November 5, 2002, citizens voted in a general election to amend Ordinance No. 707, Chapter 5.04 of the Municipal Code, changing the business license tax from a flat rate to a gross receipts tax structure; and WHEREAS, as part of the 2002 ballot measure to restructure the City’s business license tax, the voters also approved the creation of a Business License Tax Program (“Program”) that would allocate 20% of total business license tax revenues to grants awarded to projects that support marketing, promotion, and economic development within Brentwood; and
WHEREAS, on December 10, 2013, the City Council approved a Priority Events Category for funding through the Economic Development Grant Program; and WHEREAS, on December 18, 2014, the City Council approved the continued funding of the designated Priority Events; and
WHEREAS, on May 8, 2016, the City Council approved Resolution 2016-27, to continue funding the designated Priority Events from the Economic Development Grant Program in the amount of $54,000, and also approved a scoring system to streamline the approval process; and
WHEREAS, on December 13, 2016, the City Council approved Resolution 2016-165, for the continued funding of the Priority Events Category for the 2017- 2018 Economic Development Grant Program; and
WHEREAS, on January 23, 2018, by Resolution 2018-03, the City Council approved the continued funding of the Priority Events category funding for the Economic Development Grant Program for fiscal years 2018-2019 and 2019-2020; and
WHEREAS, on February 27, 2018, the City Council approved Resolution 2018- 20 to add Harvest Time in Brentwood to the Economic Development Grant Program’s Priority Events category to fund the annual Harvest Time Trail Map and Mobile App for fiscal years 2018-2019 and 2019-2020; and
WHEREAS, on June 12, 2018, by Resolution 2018-73, the City Council approved grant funding in the amount of $124,721 for fiscal year 2018-2019, and

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Page 2 of 4 ends

also approved the removal the Brentwood Arts Society (Art, Wine and Jazz Festival) from the 2018-2019 and 2019-2020 Priority Events category; and WHEREAS, on January 14, 2020, by Resolution No. 2020-02, the City Council approved funding of the Priority Events category for fiscal years 2020-2021 and 2021-2022. This approval included a 3% annual inflationary increase for all projects under this category; and
WHEREAS, on January 25, 2022, by Resolution No. 2022-08, the City Council approved Priority Projects funded by the Economic Development Grant Program for fiscal years 2022/23 and 2023/24 in the amount of $77,617 per year. The funding approval did not include a 3% inflationary increase for the 2022/23 and 2023/24 fiscal years; and
WHEREAS, on March 14, 2023, by Resolution No. 2023-30, the City Council approved an update to the Economic Development Grant Program and Grant Application and allow staff to make minor changes to the guidelines as needed; and WHEREAS, on March 12, 2024, by Resolution No. 2024-24, the City Council approved the continued funding of the Priority Events Category for the Economic Development Grant Program for Fiscal Years 2024-25 and 2025-26; and WHEREAS, on March 12, 2024, by Resolution No. 2024-25, the City Council approved an update to the Economic Development Grant Program Guidelines and Grant Application; and
WHEREAS, on May 28, 2024, during the annual budget workshop, the City Council by motion recommended to fully fund the Juneteenth annual event from the general fund and not use funding from the Economic Development Grant Program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows: approves grants from the FY 2024-25 Economic Development Grant Program in the amount of $117,000 to local organizations in the amounts listed in the attached “Exhibit A”, attached hereto and incorporated herein, subject to the terms and conditions of the Economic Development Grant Program; and authorize the City Manager or his designee to execute documents related to the grant program, as needed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of June 2024 by the following vote:

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Exhibit “A”
FY 2024-25 Economic Development Grant Program Awards
Project/Event Organization Requested
Funding
Funding
Award
3 rd Annual La Gran
Fiesta
Brentwood Chamber of
Commerce $6,000 $6,000
Banner Up! Art Guild of the Delta Inc. $12,625 $5,000
Brentwood Turkey
Trot
Brentwood Elementary &
Liberty High School
Districts
$30,000 $11,000
Cancer Memorial
Garden Experience
Adventure Therapy
Foundation $15,000 $5,000
Dia De Los Muertos Azucar Candies and More $18,000 $18,000 Diwali 2024 United Indian Association $30,000 $5,000
East Bay Business
Expo and Job Fair
2025
Brentwood Chamber of
Commerce $9,000 $9,000
Elevate Dance
Convention
East County Performing
Arts Center $10,000 $0
Holi 2025 United Indian Association $20,000 $2,000
Lunar Year Festival Chinese Culture Club $1,000 $1,000
Mitchell Canyon
Education Center
Mount Diablo Interpretive
Association $20,000 $0
Micro-Business
Launch Program City of Brentwood $10,000 $0
Oktoberfest Downtown Brentwood
Coalition $44,000 $44,000
Quilt Show Delta Quilters Guild $3,800 $3,800
Small Business
Development InPerson Coaching
Brentwood Chamber of
Commerce $7,200 $7,200

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Page 4 of 4 ends

Total $236,625 $117,000

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD TO APPROVE AND AUTHORIZE THE CITY
MANAGER OR HIS DESIGNEE TO UPDATE THE FY 2023-24

ECONOMIC DEVELOPMENT PROGRAM GUIDELINES AND
APPLICATION; AND EXECUTE DOCUMENTS RELATED TO THE

GRANT PROGRAM, AS NEEDED
WHEREAS, on November 5, 2002, citizens voted in a general election to amend Ordinance No. 707, Chapter 5.04 of the municipal code, changing the business license tax from a flat rate to a gross receipts tax structure; and WHEREAS, as part of the 2002 ballot measure to restructure the City’s business license tax, the voters also approved the creation of a Business License Tax Program (“Program”) that would allocate 20% of total business license tax revenues to grants awarded to projects that support marketing, promotion, and economic development within Brentwood; and
WHEREAS, on December 10, 2013, the City Council approved a Priority Events Category for funding through the Economic Development Grant Program; and WHEREAS, on December 18, 2014, the City Council approved the continued funding of the designated Priority Events; and
WHEREAS, on May 8, 2016, the City Council approved Resolution 2016-27, to continue funding the designated Priority Events from the Economic Development Grant Program in the amount of $54,000, and also approved a scoring system to streamline the approval process; and
WHEREAS, on December 13, 2016, the City Council approved Resolution 2016-165, for the continued funding of the Priority Events Category for the 2017- 2018 Economic Development Grant Program; and
WHEREAS, on January 23, 2018, by Resolution 2018-03, the City Council approved the continued funding of the Priority Events category funding for the Economic Development Grant Program for fiscal years 2018-2019 and 2019-2020; and
WHEREAS, on February 27, 2018, the City Council approved Resolution 2018- 20 to add Harvest Time in Brentwood to the Economic Development Grant Program’s Priority Events category to fund the annual Harvest Time Trail Map and Mobile App for fiscal years 2018-2019 and 2019-2020; and
WHEREAS, on June 12, 2018, by Resolution 2018-73, the City Council approved grant funding in the amount of $124,721 for fiscal year 2018-2019, and also approved the removal the Brentwood Arts Society (Art, Wine and Jazz Festival) from the 2018-2019 and 2019-2020 Priority Events category; and

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WHEREAS, on January 14, 2020, by Resolution No. 2020-02, the City Council approved funding of the Priority Events category for fiscal years 2020-2021 and 2021-2022. This approval included a 3% annual inflationary increase for all projects under this category; and
WHEREAS, on January 25, 2022, by Resolution No. 2022-08, the City Council approved Priority Projects funded by the Economic Development Grant Program for fiscal years 2022/23 and 2023/24 in the amount of $77,617 per year. The funding approval did not include a 3% inflationary increase for the 2022/23 and 2023/24 fiscal years; and
WHEREAS, on March 14, 2023, By Resolution No. 2023-30, the City Council approved an update to the Economic Development Grant Program and Grant Application and allow staff to make minor changes to the guidelines as needed; and WHEREAS, on March 12, 2024, By Resolution No. 2024-24, the City Council approved the continued funding of the Priority Events Category for the Economic Development Grant Program for Fiscal Years 2024-25 and 2025-26; and WHEREAS, on March 12, 2024, By Resolution No. 2024-25, the City Council approved an update to the Economic Development Grant Program Guidelines and Grant Application.

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

1. authorizes the City Manager or his designee to update the FY 2023-24 Economic Development Grant Program Guidelines and Application attached hereto as “Exhibit A” and incorporated herein, subject to the terms and conditions of the Economic Development Grant Program; and

2. authorizes the City Manager or his designee to execute documents related to the grant program, as needed.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of March 2024 by the following vote:

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Exhibit “A”

City of Brentwood
Economic Development Grant Program
Guidelines & Application Packet
2023-2024
Application deadline: April 17, 2023

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2023-2024
Economic Development Grant Program
Applications are currently being accepted for the FY 2023-2024 cycle – i.e., projects occurring between July 1, 2023 and June 30, 2024. Applications must be submitted and received no later than the deadline of 5:00 p.m., Monday, April 17, 2023.

Mailed submissions:

Attention:

Mr. Abraham Salinas, Senior Analyst
City Manager’s Office – Economic Development Division
150 City Park Way
Brentwood, CA 94513-1164
Electronic submissions:

Email: [email protected]
Background
The City of Brentwood sets aside 20% of its business operating tax revenues for “economic development with the explicit purpose of business promotion and institutional advertisement for the City of Brentwood.” As part of this effort, each year the City offers reimbursement grants for local marketing, events, and business development projects through the Economic Development Grant Program.

Application Process:

Applications must be for a project that meets the Program’s requirements (see below).

Applications are reviewed and scored by an internal staff team, brought to the Land Use and Development Committee (LUDC), and presented to the City Council for consideration and approval. All applicants will be notified of the outcome.

If approved, the applicant shall submit the required forms (with supporting documentation) requesting reimbursement of approved expenses. For those applicants who have received grants in the past, 50 percent of the funds can be paid after July 1st of the program year and no earlier than 90 days before the event. The balance of funds will be paid once the City receives all required documents. For new applicants, the award will be paid out in one lump sum within 30 days of submittal of all required documents and after the event is completed.

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Who Can Apply?
Any organization or business can apply, if they have a current Brentwood Business License unless exempt. Non-profit tax-exempt organizations area also eligible, provide that they submit proof of active status from the Secretary of State.

Application Requirements
To be eligible for consideration for funding, the applicant must:
 Submit a completed application with authorized signature(s) by the deadline and must include, all items below.
 Application can be typed and must be legible if printed.  Submit a copy of current business license certificate if not exempt. Non-profit taxexempt organizations must submit proof of active status from the Secretary of State.  Submit evidence of approval by the organization’s Board of Directors, if applicable.  Funds requested must support projects or events, conducted or held within the City of Brentwood City limits and benefit the community, not an individual business. If not held within City limits, applicants must provide reasoning as to why the event is being held outside of City limits. Final approval will be determined by the Council.  Organizations must also operate without discrimination.  Events, projects or programs must be held between July 1, 2023 and June 30, 2024.  An estimated budget that includes projected expenses, sources of revenue, projected revenue, and estimated net revenue, MUST be attached. If net revenue is projected, applicant must explain how the funds will be used for the organization or business.  Marketing Plan
 Needs Analysis describing the target population, gaps or opportunities, and goals and outcomes.
 Interviews may be required for all applicants at the City’s discretion. If interviews are required, staff will inform all applicants and schedule interviews accordingly.

Additional Information
 Grant funds may be used for operational expenses but cannot be used towards staff salaries or benefit costs.
 Fundraising is permitted. However, applicants must specify how grant funds are to be allocated in this regard.
 Pass through payments are not allowed. (For example a grantee cannot transfer funds to another event or a new organization to run an event.)  The City of Brentwood logo must be included in all marketing materials as a sponsor.  Applicants must describe how the project or event will practice environmental sustainability.
 Police, traffic, and other City divisions may review the application to ensure there are no major concerns.

If an applicant would like to meet with staff to pre-review applications prior to submittal or need assistance with their application, please schedule an appointment by calling Abraham Salinas at 925-516-5304 or email [email protected].

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Application Review Criteria and Scoring (95 possible points) Applications will be reviewed and scored based on the following criteria.

1. Project or event description is clear and concise; includes purpose, goal/s, location and time/date, and any other relevant information. (10 possible points)

2. Project aligns with current City Council Goals and Strategic Plan and/or supports the City’s overall Economic Development efforts AND project will help achieve positive publicity for Brentwood throughout the region. (10 possible points)

3. Project will increase shopping and tourist activity in Brentwood and demonstrate maximum impact on the City’s economic development. (40 possible points)

4. Project will support small business development. (10 possible points)

5. Project demonstrates a stable management structure, full fiscal accountability, and a wellplanned budget that includes eligible expenses, projected revenue sources, estimated net revenue, strong financial commitment of matching private funds, and the effective leveraging of City funds. In addition, returning applicants are required to provide previous year’s final revenues generated. (10 possible points)

6. Project includes a well-developed, strategic marketing plan. (10 possible points)

7. Project is a new or first-time event. (5 possible points) Total Maximum Score: 95 points
Application Deadline
Application and supporting documents must be received by the Economic Development Division no later than April 17, 2023 - 5:00 p.m. Mailed-in applications must be postmarked by April 17, 2023. Applications will be reviewed and scored with decisions based on the information provided.

Successful applicants will have their proposals presented to the City Council for consideration of a grant award.

Applications must be submitted by one of the following two methods:

Mailed submissions:

Attention:

Mr. Abraham Salinas, Senior Analyst
City Manager’s Office – Economic Development Division
150 City Park Way
Brentwood, CA 94513-1164
Electronic submissions:

Email: [email protected]
The application form is available as a fillable PDF or PDF download at www.brentwoodca.gov/business/economic-development/grants-and-incentives

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Application Checklist
The following items must be submitted by the deadline:
 Completed Application with completed Project Narrative  Authorized Signature
 Authorization Letter granting permission from the property owner of where the project will take place (if applicable)
 Copy of Brentwood business license certificate or (if a non-profit organization, proof of nonprofit active status must be submitted – one copy of State and Federal tax ID forms attached to original application)
 Completed Estimated Budget that includes projected expenses, sources of revenue, projected revenue, and estimated net revenue.
 Copy of Marketing Plan
Needs Analysis describing the financial need, target population, gaps or opportunities, and goals and outcomes for the project or event.

Final Grant Reimbursement Reports
If awarded funding, and upon completion of the project, program or event, the applicant is required to submit the following to receive grant funds:
 Final Grant Reimbursement Report
 Narrative Report (due with Final Grant Reimbursement) The Final Grant Reimbursement report will be available online at www.brentwoodca.gov/business/economic-development/grants-and-incentives. For more information on reimbursement or the required forms/documentation, please contact Abraham Salinas, Senior Analyst at: 925-516-5304 or [email protected]

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Economic Development Grant Program Application
Fiscal Year 2023-2024
Summary Information
Proposed Project Name: ______________________________________________________________________ Amount of Total Event Budget: $______________________________ Amount of Requested Grant funds: $___________________________ Sponsoring Organization: ____________________________________________________________ Contact Person: __________________________________________________________ Mailing Address: ________________________________________City: ______________ State/Zip: _________ Telephone: _____________________ Email: _____________________________________________________  Business License #: ________________________ and/or  Non-profit ID #: _________________________ Scoring is based on the items listed below.

Proposed Project Narrative
On a separate page, please answer the following (please be detailed and concise):

1. Please describe the project/event in detail. Please include purpose of project/event, goals, location, date(s)/times, and other relevant information.

2. How will the project support the City Council’s Goals and Strategic Plan or the City’s overall Economic Development Plan/efforts AND how will the project promote a positive image and/or achieve positive publicity for Brentwood?

3. How will the project encourage or increase shopping and tourist activity in Brentwood?

4. How will the project generate tax revenue, jobs, and other economic development benefits to the city?

5. Will the project support small business development? If so, how?

6. How will the requested funds be used? How will the project be effectively managed? How will financial issues be handled, such as: managing expenses and revenues, and demonstrating fiscal accountability?

7. How does this project minimize the need for City funding and demonstrate maximum impact on the City’s economic development?

8. What City services/facilities (if any) will be required for your project? (Detailed Business Plan AND detailed Budget)

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9. How will the project be marketed and advertised? Please be as specific as possible including targeted media and any partnerships or collaborative marketing related to your project (Marketing Plan)?

10. Is this a new or first time project? If not, please explain previous experience.

11. How will this project/event practice environmental sustainability? Proposed Project Budget
Complete a detailed line-item budget (example below). Please itemize project revenues and expenses. If your total project costs exceed the amount of grant funds requested, list other funding sources for your project.

Official bid estimates and/or supporting documentation, showing how the projected expenses have been determined, may be included with application.

LINE ITEM
2023-2024
Projected
Expenses
Amount of Grant
Funds Requested
Salaries (NOT AN ELIGIBLE EXPENSE)
Insert Description
Supplies/Materials/Equipment
Insert Description
Marketing
Insert Description
Contractual Services (i.e. Consultant Fees)
Insert Description
Other
Insert Description
TOTAL
List other funding sources supporting your project.

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OTHER FUNDING SOURCE(S) SUPPORTING PROJECT
(List by Source and Amount  Cash and In-Kind)
Amount
TOTAL

REVENUE OR SPONSORSHIPS GENERATED BY THE PROJECT THAT

SUPPORT ONGOING OPERATIONS OF THE ORGANIZATION
(List by Source and Amount  Cash)
Amount
*(include generated revenue above and beyond that needed to operate the project/ event)
TOTAL
Required Documentation Checklist
The following items must be submitted with your application:
 Copy of current Brentwood business license certificate or (If the organization is a nonprofit tax-exempt organization (i.e. 501(c)3), then proof of status from the State and Federal determination letter must be submitted
 Project Narrative
 Estimated Budget and Projected Revenue (if any)
 Marketing Plan
 Authorization Letter granting permission from the property owner of where the project will take place, as needed

ACKNOWLEDGEMENT
I am authorized to submit this application on behalf of the organization I represent. The information provided is true and correct.

I understand that monies received as a result of this application must be used in accordance with the City of Brentwood’s Policies and the Economic Development Grant Program Guidelines.

I understand that any variations to the original request for funding will need to be addressed to the Economic Development Division.

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I understand it is the applicant’s responsibility to adhere to all application instructions and requirement, including submission dates and timelines as well as the required and detailed back up information.

I have read and understand the 2023-2024 Economic Development Grant Program application requirements. I understand that an estimated budget, including back up estimates and/or price quotes are required to have funding considered for each reimbursable item.

Signature: _________________________________________ Date:
___________________________________
Print Name: _______________________________________ Title:
____________________________________
If a non-profit organization, Application must be signed by the Board of Directors President along with the Executive Director.

Signature: _________________________________________ Date:
___________________________________
Print Name: _______________________________________ Title:
____________________________________
Please note: If your application is approved and the project proceeds, approval of funding does not, in any way, exclude applicants from having to obtain the appropriate permits, and/or consents or approvals required by the City’s Community Development and Finance departments.

Example of Reimbursement Report – Line Item Reporting

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Vendor Description
Request amount
based on Bid/Pricing
Proof of
Bid/Estimate
Approved
Expense
Amount
Ace Hardware
Plants for decorating (No bid or
pricing) $450 No 0
Ace Hardware
Brackets for Display signs (Pricing
Attached) $75 Yes $75
TOTAL: $525 $0
Sierra Nevada Brewery Kegs (MOU attached) $250 Yes 250
Joe Schmo Food Truck Catering for event (Pricing attached) $1,000 Yes 1000 Happy For You Beer Beer and Wine (Pricing attached) $800 Yes 800 TOTAL: $2,050 $2,050
Brentwood Press Advertisement Pricing Attached $900 Yes 900 110 Degree Magazine Advertisement Pricing Attached $900 Yes 900 TOTAL: $1,800 $1,800
Secure You Security for Event (contract attached) $1,000 Yes 1000 John Doe Music DJ Services (No Bid or Pricing) $500 No 0 Live it Up Band Band (Bid attached) $2,000 Yes 2000
Delta Fence Fencing Services (Bid attached) $750 Yes 750 City of Brentwood
Facility Rental (Rental Contract
attached) $1,000 Yes 1000
TOTAL: $5,250 $4,750
TOTAL GRANT FUNDING REQUEST $9,625
APPROVED: 8,675
NOT APPROVED: $950
Contractual Services
19-20 Grant Itemized Request for Funding
City Use Only
Food & Beer
Marketing/Advertising
Miscellaneous Supplies

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City of Brentwood
Economic Development Grant Program
Guidelines & Application Packet
2023-2024
Application deadline: April 17, 2023

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Mailed submissions:

Attention:

Mr. Abraham Salinas, Senior Analyst
City Manager’s Office – Economic Development Division
150 City Park Way
Brentwood, CA 94513-1164
Electronic submissions:

Application Process:

Applications must be for a project that meets the Program’s requirements (see below).

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Application Review Criteria and Scoring (95 possible points) Applications will be reviewed and scored based on the following criteria.

1. Project or event description is clear and concise; includes purpose, goal/s, location and time/date, and any other relevant information. (10 possible points)

3. Project will increase shopping and tourist activity in Brentwood and demonstrate maximum impact on the City’s economic development. (40 possible points)

4. Project will support small business development. (10 possible points)

6. Project includes a well-developed, strategic marketing plan. (10 possible points)

Successful applicants will have their proposals presented to the City Council for consideration of a grant award.

Applications must be submitted by one of the following two methods:

Mailed submissions:

Attention:

Mr. Abraham Salinas, Senior Analyst
City Manager’s Office – Economic Development Division
150 City Park Way
Brentwood, CA 94513-1164
Electronic submissions:

Email: [email protected]
The application form is available as a fillable PDF or PDF download at www.brentwoodca.gov/business/economic-development/grants-and-incentives

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Final Grant Reimbursement Reports
If awarded funding, and upon completion of the project, program or event, the applicant is required to submit the following to receive grant funds:
 Final Grant Reimbursement Report
 Documentation of expenses for reimbursement (Detailed Expense Report)  Payment documents (Invoices, receipts)
 Narrative Report (due with Final Grant Reimbursement) The Final Grant Reimbursement report will be available online at www.brentwoodca.gov/business/economic-development/grants-and-incentives. For more information on reimbursement or the required forms/documentation, please contact Abraham Salinas, Senior Analyst at: 925-516-5304 or [email protected]

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Proposed Project Narrative
On a separate page, please answer the following (please be detailed and concise):

1. Please describe the project/event in detail. Please include purpose of project/event, goals, location, date(s)/times, and other relevant information.

3. How will the project encourage or increase shopping and tourist activity in Brentwood?

4. How will the project generate tax revenue, jobs, and other economic development benefits to the city?

5. Will the project support small business development? If so, how?

7. How does this project minimize the need for City funding and demonstrate maximum impact on the City’s economic development?

8. What City services/facilities (if any) will be required for your project? (Detailed Business Plan AND detailed Budget)

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10. Is this a new or first time project? If not, please explain previous experience.

Official bid estimates and/or supporting documentation, showing how the projected expenses have been determined, may be included with application.

OTHER FUNDING SOURCE(S) SUPPORTING PROJECT
(List by Source and Amount  Cash and In-Kind)
Amount
TOTAL

REVENUE OR SPONSORSHIPS GENERATED BY THE PROJECT THAT

SUPPORT ONGOING OPERATIONS OF THE ORGANIZATION
(List by Source and Amount  Cash)
Amount

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*(include generated revenue above and beyond that needed to operate the project/ event)
TOTAL
Required Documentation Checklist
The following items must be submitted with your application:
 Copy of current Brentwood business license certificate or (If the organization is a non-profit tax-exempt organization (i.e. 501(c)3), then proof of status from the State and Federal determination letter must be submitted
 Project Narrative
 Estimated Budget and Projected Revenue (if any)
 Marketing Plan
 Authorization Letter granting permission from the property owner of where the project will take place, as needed

ACKNOWLEDGEMENT
I am authorized to submit this application on behalf of the organization I represent. The information provided is true and correct.

I understand that monies received as a result of this application must be used in accordance with the City of Brentwood’s Policies and the Economic Development Grant Program Guidelines.

I understand that any variations to the original request for funding will need to be addressed to the Economic Development Division.

Signature: _________________________________________ Date: ___________________________________ Print Name: _______________________________________ Title: ____________________________________ If a non-profit organization, Application must be signed by the Board of Directors President along with the Executive Director.

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Signature: _________________________________________ Date: ___________________________________ Print Name: _______________________________________ Title: ____________________________________ Please note: If your application is approved and the project proceeds, approval of funding does not, in any way, exclude applicants from having to obtain the appropriate permits, and/or consents or approvals required by the City’s Community Development and Finance departments.

Example of Reimbursement Report – Line Item Reporting

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CITY COUNCIL AGENDA ITEM NO. I.2
06/11/2024
SUBJECT: An Employment Agreement between the City of Brentwood and Katherine L. Wisinski to serve as City Attorney
DEPARTMENT: Human Resources

CITY COUNCIL/
STAFF: Joel Bryant, Mayor
Susannah Meyer, Vice Mayor
Sukari Beshears, Director of Human Resources/Risk Manager

TITLE/RECOMMENDATION
Adopt a Resolution Approving the Employment Agreement between the City of Brentwood and Katherine L. Wisinski to serve as City Attorney The proposed action to adopt a Resolution approving the Employment Agreement between the City of Brentwood and Ms. Wisinski to serve as City Attorney will ensure that the City has dedicated internal legal services.

FISCAL IMPACT
The proposed salary of $250,000 along with associated benefit costs are included in the adopted 2023/24 Operating Budget and estimated costs sufficient for this action are included in the draft 2024/25 – 2025/26 Operating Budget which will be considered for adoption on June 25, 2024.

BACKGROUND
Prior to the December 30, 2023 retirement of City Attorney Damien Brower, the City Council selected the firm of Peckham & McKenney to provide executive search services for the City Attorney recruitment. On December 12, 2023, City Council adopted a Resolution to appoint Katherine L. Wisinski as Interim City Attorney while the search was underway to find the next City Attorney. Following an extensive search, the Council conducted interviews of qualified applicants and elected to appoint Ms. Wisinski to serve as the next City Attorney for the City of Brentwood.

City Council directed staff to negotiate an employment agreement with Ms. Wisinski and a copy of the agreement is attached for the Council’s consideration. This staff

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CITY COUNCIL AGENDA ITEM NO. I.2
06/11/2024
report, resolution, and employment agreement have been reviewed and approved by outside legal counsel that specializes in employment law.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. Do not approve staff’s recommendation.

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

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

ATTACHMENT(S)

1. Previous Action (if applicable)

2. Resolution

3. Exhibit A – City Attorney Employment Agreement

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On December 12, 2023, the City Council adopted Resolution 2023-144 appointing Katherine L. Wisinski as Interim City Attorney.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AN EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF BRENTWOOD AND KATHERINE L. WISINSKI

TO SERVE AS CITY ATTORNEY
WHEREAS, with the retirement of City Attorney Damien Brower effective December 30, 2023, the Council sought to appoint an Interim City Attorney until the City Attorney recruitment process concluded and the Council appoints a City Attorney and employment commences; and WHEREAS, on December 4, 2023, the City Council authorized its negotiators, Mayor Joel Bryant and Vice Mayor Susannah Meyer to discuss with Assistant City Attorney Katherine L.

Wisinski terms associated with her possible appointment as Interim City Attorney; and WHEREAS, on December 12, 2023, City Council adopted Resolution 2023-144 to appoint Ms. Wisinski as Interim City Attorney to provide legal service for the city while an executive search to find the next City Attorney was underway; and
WHEREAS, following an extensive search, the Council conducted interviews of qualified applicants and elected to appoint Katherine L. Wisinski to serve as the next City Attorney for the City of Brentwood.

WHEREAS, the costs associated with this action have been budgeted in the adopted Fiscal Year 2023/24 Operating Budget.

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

Effective June 11, 2024, an Employment Agreement between the City of Brentwood and Katherine L. Wisinski is approved and Ms. Wisinski is appointed as the City Attorney for the City of Brentwood, and will have the powers and duties granted the City Attorney by State and Federal law, the Brentwood Municipal Code, and City policies.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of June 2024 by the following vote:

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CITY OF BRENTWOOD

CITY ATTORNEY EMPLOYMENT AGREEMENT
Introduction
This City Attorney Employment Agreement (“Agreement”), is made and entered into on this day of June 11, 2024, by and between the City of Brentwood, a municipal corporation of the State of California (“City” or “Employer”) and Katherine L. Wisinski (“Employee”)(each a “Party” and collectively, the “Parties”), both of whom agree as follows:

Section 1: Term
This Agreement will become effective on June 11, 2024, and will continue until terminated by either Party as provided in this Agreement.

Section 2: Duties and Authority
Employer agrees to employ Employee as City Attorney for City and Counsel for all related independent entities to which the City Council serves as the governing board to perform the functions and duties as may be specified in the Brentwood Municipal Code and to perform other legally permissible and proper duties and functions.

Section 3: Compensation
A. Employer agrees to compensate Employee for services rendered under this Agreement at an annual salary of Two Hundred Fifty Thousand Dollars ($250,000), as may be adjusted, from time to time, in accordance with Section 3.B. of this Agreement, or as this Agreement may be amended. Such salary will be paid in installments on the Employer’s normal paydays and in accordance with the Employer’s normal pay practices and will be subject to customary withholding for taxes and other required or authorized deductions.

B. Employer and Employee agree to conduct an annual salary review concurrently with the annual performance evaluation set forth in Section 12 of this Agreement. Such annual salary review will include consideration of those benefits to Employee under this Agreement. The City Council may, but is not required to, consider or approve cost of living increases, merit increases, or other compensation enhancement in conjunction with the annual salary review.

C. Employee can distribute Employee’s salary between salary and deferred compensation as Employee chooses, so long as such distribution conforms to all applicable State and Federal laws and regulations.

Section 4: Health, Disability and Life Insurance Benefits Employer agrees to provide and to pay the premiums for health, vision, dental, life and disability insurance for Employee and Employee’s dependents equal to that which is provided to all other exempt non-sworn management employees of Employer.

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Section 5: Vacation and Sick Leave, and Personal Time Off A. Employee will accrue twenty-one (21) days (168 hours) of annual vacation leave each fiscal year. Vacation leave will cap at 252 hours, at which point Employee will cease to accrue vacation until Employee’s vacation accrual is less than 252 hours. Employee will be entitled to any vacation buyback program to the same extent as other exempt management employees. Employee will retain the current vacation leave balance accrued during her tenure with the City as Interim City Attorney and Assistant City Attorney.

B. Employee will be provided sick leave and personal time off to the same extent as other exempt non-sworn management employees. Employee will maintain the current sick leave balance accrued during her tenure with the City as Interim City Attorney and Assistant City Attorney.

C. Employee will be entitled to Holidays to the same extent as other exempt nonsworn management employees.

Section 6: Retirement, Deferred Compensation, and Other Benefits not Specified in this Agreement
A. Employee will be eligible to participate in the California Public Employees’ Retirement System (“CalPERS”) for the 2% at age 62 formula. The terms of the contract between the City and CalPERS will govern the eligibility for and level of benefits to which Employee is entitled.

B. Employee will be allowed to participate in Employer’s deferred compensation plan.

C. Unless the benefit is specifically addressed in this Agreement, Employee will also be entitled to receive all benefits afforded to non-sworn employees as set forth in the Terms, Conditions and Understanding for Executive and Senior Management Employees, except Employee is not entitled to receive the Management Incentive Pay.

Section 7: Disability
If determined that Employee is unable to return to work, Employer will have the option to terminate this Agreement without further payment of compensation and benefits if Employee is permanently disabled or is otherwise unable to perform Employee’s duties because of sickness, accident, injury, mental incapacity, or death for a period of four (4) successive weeks beyond any accrued sick leave, or for twenty (20) working days over a thirty (30) working day period.

Section 8: General Business Expenses
A. Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for Employee’s continued professional participation, growth, and advancement, and for the good of the Employer.

B. Employer agrees to budget for and to pay for registration, travel, and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to the League of California Cities, International Municipal Lawyers Association, and such other regional, state, and local governmental groups and committees in which Employee serves as a member.

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C. Employer also agrees to budget for and to pay for registration, travel, and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for Employee’s professional development and for the good of the Employer.

Section 9: Termination
For the purpose of this agreement, termination will occur when:

A. The required majority of the City Council votes, pursuant to the Brentwood Municipal Code, to terminate Employee at a duly authorized public meeting.

B. If Employer, citizens, or State Legislature acts to amend, either directly or indirectly, any provisions of the Brentwood Municipal Code pertaining to the role, powers, duties, authority, rights, or responsibilities of Employee’s position, Employee will have the right to declare that such amendments constitute termination.

C. If Employer reduces the base salary, compensation, or any other financial benefit of Employee, unless it is applied in no greater percentage than the average reduction of all City department directors, such action will constitute a breach of this agreement and will be regarded as a termination.

D. If Employee resigns following an offer to accept resignation, whether formal or informal, by Employer as representative of the required majority of the governing body pursuant to the Brentwood Municipal Code, then Employee may declare a termination as of the date of the offer to accept resignation.

E. Breach of contract may be declared by either Party with a 30-day cure period for either Employee or Employer. Written notice of a breach of contract will be provided in accordance with the provisions of Section 17.

F. Employer’s decision to terminate will be made in closed session and confirmed in a public meeting.

G. Employee may choose to resign Employee’s office instead of being terminated if a decision by the City Council to terminate has been made in closed session; provided, however, that the severance provisions of this Agreement remain applicable.

Section 10: Severance
Severance will be paid to Employee when employment is terminated as defined in Section 9.

For the first year of employment in the position of City Attorney, Employer will provide a minimum severance payment equal to six month’s base salary at the current rate of pay and six months Employer paid COBRA benefits for Employee and her dependents, consistent with Government Code Section 53260(a). For every full year of employment after June 10, 2025, Employer will pay employee an additional one month of base salary and one month of COBRA benefits for Employee and her dependents, up to a maximum of 12 months. This severance will be paid in a lump sum unless otherwise agreed to by Employer and Employee.

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Employee will also be compensated for all accrued vacation time and personal time off. The Employer agrees to continue medical, dental, and vision benefits for the number of month’s severance accrued by Employee or until Employee finds other employment, whichever occurs first. Such severance pay and benefits will not be due or payable if the City Attorney is terminated for willful misconduct, dishonesty, or fraud in office; willful destruction, theft, misappropriation, or misuse of City property; conduct resulting in the revocation of Employee’s license to practice law; or after being convicted of a felony or misdemeanor involving moral turpitude. Any severance payment received by Employee must be fully returned to the City if the Employee is convicted of a crime involving an abuse of Employee’s office or position.

Section 11: Resignation
In the event that Employee voluntarily resigns Employee’s position with Employer, Employee will provide a minimum of sixty (60) days written notice unless the Parties agree otherwise. If Employee voluntarily resigns Employee’s employment, Employee will not be entitled to any severance pay nor continued compensation and benefits except as otherwise required under this Agreement or State or Federal law.

Section 12: Performance Evaluation
The Parties acknowledge that periodic performance evaluations are an important means by which Employer and Employee may ensure effective communications regarding expectations and performance. Toward this end, the City Council will review and discuss Employee’s performance and set performance goals for Employee on an annual basis in or around July of each year. In addition, during Employee’s first year of employment in the position of City Attorney, the Director of Human Resources/Risk Manager shall schedule City Attorney performance evaluations to establish and review Employee’s goals in or around September 2024, December 2024, and March 2025. Employee acknowledges and accepts the fact that the City Council has the right to schedule an evaluation session more frequently than once a year.

Employee will request and schedule the annual performance evaluation as appropriate under City Council agenda procedures or as otherwise directed by the City Council. Upon the request of either Employer or Employee, City shall procure and cover the costs of a professional facilitator of the performance evaluation process.

Section 13: Outside Activities
The employment provided for by this Agreement will be Employee’s sole employment. Employee agrees not to undertake any other employment or consulting during the term of this Agreement without City Council approval, unless otherwise allowed under State or Federal law, such as military service.

Section 14: Indemnification
Beyond that required under Federal, State or local law, Employer will defend, save harmless, and indemnify Employee against any tort, professional liability claim, demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s duties as City Attorney or resulting from the exercise of judgment or discretion in connection with the performance of Employee’s duties or responsibilities, unless the act or omission involved willful or wanton conduct. Employee may request, and Employer will not unreasonably refuse to provide, independent legal representation at Employer’s expense and Employer may not unreasonably withhold approval.

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Legal representation, provided by Employer for Employee, will extend until a final determination of the legal action including any appeals brought by the parties to the legal action. Employer will indemnify Employee against any and all losses, damages, judgments, interest, settlements, fines, court costs, and other reasonable costs and expenses of legal proceedings including attorneys’ fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of Employee’s duties. Any settlement of any claim must be made with prior approval of Employer in order for indemnification, as provided in this Section, to be available.

Employee recognizes that Employer will have the right to compromise, and settle any claim or suit. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which Employee is a party, witness, or advisor to Employer. Such expense payments will continue beyond Employee’s service to Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable consulting fees and travel expenses when Employee serves as a witness, advisor, or consultant to Employer regarding pending litigation.

Notwithstanding the above, Employee must reimburse Employer for any funds Employer provides for the legal criminal defense of Employee if Employee is convicted of a crime involving an abuse of Employee’s office or position. Additionally, Employee must repay Employer for any paid administrative leave provided to Employee pending an investigation if Employee is convicted of a crime involving an abuse of Employee’s office or position.

Section 15: Bonding
Employer will bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance.

Section 16: Other Terms and Conditions of Employment
Employer, only upon the written agreement of Employee, will fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Brentwood Municipal Code, or any other law.

Section 17: Notices
Notice pursuant to this Agreement will be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows:

City: City Clerk
City of Brentwood
150 City Park Way
Brentwood, CA 94513
Employee: Address on File with City Clerk
Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice will be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Each Party will notify the other of any changes of address that would require any notice or delivery to be directed to another address.

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Section 18: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding between Employer and Employee relating to the employment of Employee by Employer. Any prior discussions or representations by or between the Parties are merged into and rendered null and void by this Agreement. The Parties by mutual written agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments will be incorporated and made a part of this Agreement.

B. Binding Effect. This Agreement will be binding on Employer and Employee as well as their heirs, assigns, executors, personal representatives and successors in interest.

C. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions will be deemed to be in full force and effect as if they have been executed by both Parties subsequent to the expungement or judicial modification of the invalid provision.

EMPLOYER: EMPLOYEE:

CITY OF BRENTWOOD
Joel R. Bryant, Mayor Katherine L. Wisinski
ATTEST:

Margaret Wimberly, City Clerk
Approved as to Form:
_______________
Timothy L. Davis, Special Counsel for City of Brentwood

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CITY COUNCIL AGENDA ITEM NO. K.1
06/11/2024
SUBJECT: Consider a Request from Vice Mayor Meyer and Council Member Mendoza to consider having Brentwood become a charter city.

DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Vice Mayor Meyer and Council Member Mendoza to consider having Brentwood become a charter city.

FISCAL IMPACT
A ballot measure to approve a charter may be submitted to the voters by either an elected charter commission or by the city council for the purposes of changing from a general law city to a charter city. Election costs paid to Contra Costa County for election consolidation are estimated to be $2.50 to $4.00 per registered voter, and would be pro-rated based on the number of other ballot questions. The City currently has 42,115 registered voters for a range of $105,287 to $168,460. This estimate would be increased in future election years. In addition to costs associated with the election it is assumed the City would need to allocate funds to hire outside consultants to assist with drafting and reviewing any proposed City charter.

BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (a)(2), a request was made in writing to the City Manager by Council Member Mendoza on May 17, 2024, and confirmed for consideration by Vice Mayor Meyer on May 21, 2024, that this item has been placed on the agenda so that the City Council may discuss it and provide further direction to staff. Additionally, Council Member Mendoza requested the Independent News article, “City to Pursue the Protection of Local Housing Control” dated May 16, 2024, referencing the City of Pleasanton, be attached to this staff report.

Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling further consideration of the matter. Until the City Council authorizes staff time and City resources on this matter, initial background information is being provided to help

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CITY COUNCIL AGENDA ITEM NO. K.1
06/11/2024
further and facilitate Council direction, however, staff have not yet done a thorough analysis of the benefits a charter city would offer compared to a general law city.

There are two types of cities in California: general law and charter cities. Brentwood is a general law city, subject to all constraints imposed by general law, even those applicable to municipal affairs. Charter cities, in contrast, operate under a governing document (a charter) written specifically for the city. Per the League of California Cities, a “municipal charter provides the highest legal framework for the purpose, governance, and operation of the city government in all its most fundamental dimensions.” Charters have been compared to constitutions for the cities governed by them, and do not replace the cities’ municipal codes.

Charter cities have traditionally only been subject to conflicting provisions in the state or federal constitutions and state and federal laws on matters of statewide concern that pre-empt the city’s charter provisions. Charter city status thus immunizes charter cities from some, but not all, state laws.

In order for a general law city to become a charter city, the city’s voters must approve the change. The charter process has many detailed steps that must be taken prior to the charter being placed on the ballot for voter approval. The process begins with drafting a charter, which can be as brief or as detailed as desired. This work can be done by a charter commission elected by voters, a charter committee appointed by the city council, or the city council itself. The amount of time it takes to complete this, and the cost associated with the project, is dependent on various factors, including the length of the document, its complexity, and the amount of public input considered during its creation.

In addition, depending on how the draft charter is eventually placed on the ballot, it may be subject to CEQA review. Finally, if the draft charter affects wages, hours, or other terms and conditions of employment for City employees, the City would be required to meet and confer in good faith with the affected bargaining groups prior to the charter being submitted to voters.

Once this work has been completed, and prior to seeking voter approval of a charter committee or council-drafted charter, there must be at least two public hearings of the city council concerning the fact that a charter is being proposed and on the content of the proposed charter. As stated in Election Code § 34458, a public hearing notice must be posted in three public places at least 21 calendar days prior to each public hearing. The meetings must be at least 30 days apart, and at least one of them must be held outside normal business hours. No vote by the council can occur to

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CITY COUNCIL AGENDA ITEM NO. K.1
06/11/2024
place the proposed charter on a ballot until at least 21 days after the second public hearing.

Charter proposals are required to be placed before voters on an established statewide general election. There is more than one path for a proposed charter to arrive on the ballot, and the path selected will dictate the timing.

The City has until August 9, 2024 to submit elections materials to the County for inclusion on the ballot for the November 5, 2024 statewide general election. Due to the time-bound procedural requirements listed above, a charter satisfying the statutory requirements could not be completed in time this year to meet the submittal deadline. The established statewide general and primary election dates in 2025 are as follows: March 4, 2025 and November 4, 2025.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Action (if applicable)

2. Independent News article

Page 310 of 314 ends

On November 18, 2008, the City Council approved the appointment of a Local Preference Program Ad Hoc Subcommittee to examine the charter city issue with the following ultimate goals:
1) Receive report from the Subcommittee; 2) If Council desires further research into becoming a charter city, establish a new ad hoc subcommittee to examine specifically that issue; 3) Direct the new subcommittee to report back to the Council in early 2009, as part of the Council’s goal setting for 2009/10. (The ad-hoc subcommittee was disbanded in 2010 as their scope of work was fulfilled.)

Page 311 of 314 ends

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Brentwood City CouncilJune 11, 2024

Brentwood City Council
June 11, 2024