Brentwood City Council
September 24, 2024

SEPTEMBER 24, 2024, 7:00 PM

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

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

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

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

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

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

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

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

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

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

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

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

September 24, 2024, 7:00 p.m.

City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. REPORT ON CLOSED SESSION
D. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.

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

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

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

E. PRESENTATIONS
E.1 Brentwood Chamber of Commerce
F. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.

G. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.

G.1 A Proclamation Proclaiming September 15 - October 15, 2024, as Hispanic Heritage Month G.2 A Proclamation Proclaiming September 26, 2024, as Human Resources Professionals Day G.3 A Proclamation Proclaiming September 29, 2024, as Veterans of Foreign Wars Day G.4 A Proclamation Proclaiming the Second Week of October as Code Enforcement Appreciation Week
G.5 A Proclamation Proclaiming October 16, 2024, as Support Your Local Chamber Day G.6 A Proclamation Proclaiming October as All Abilities Month G.7 A Proclamation Proclaiming October as Breast Cancer Awareness Month G.8 A Proclamation Proclaiming October as Filipino American History Month G.9 A Proclamation Proclaiming October as Cyber Security Awareness Month G.10 A Resolution approving and authorizing the City Manager to sign an Affordable Housing Agreement between the City of Brentwood and Trumark Homes for the Trailside Project (Subdivision 9610)
Title/Recommendation
Approve a resolution authorizing the City Manager to sign an Affordable Housing agreement between the City of Brentwood and Trumark Homes for the Trailside Project (Subdivision 9610) and such other documents as may be needed to complete the transaction.

G.11 Adopt a resolution supporting California Proposition 36 Title/Recommendation
Adopt a resolution supporting California Ballot Initiative Proposition 36, The Homelessness, Drug Addiction, and Theft Reduction Act.

G.12 Minutes of the Special City Council meeting of September 10, 2024 H. PUBLIC HEARINGS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.

H.1 Approve the Final Engineer’s Report, confirm and order the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside), and amend Vesting Tentative Subdivision Map 9610 to clarify stormwater treatment maintenance responsibilities Title/Recommendation
Hold the Public Hearing relating to the:
formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside). Confirm the formation with a simple majority property owner approval, weighted by assessment amount. Adopt a Resolution ordering the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside); ordering improvements and confirming the diagram and assessments as shown in the Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) Fiscal year 2024-25 Final Engineer’s Report in accordance with provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition 218; and

1. amendment to Vesting Tentative Subdivision Map VTSM 9610 to clarify stormwater treatment maintenance responsibilities. Adopt a Resolution amending VTSM 9610 for this limited purpose.

2. On July 22, 2014, the City Council certified an Environmental Impact Report (EIR) that was prepared and certified as part of the Brentwood General Plan (State Clearinghouse # 2014022058) in accordance with the California Environmental Quality Act (CEQA).

Pursuant to CEQA Section 15183, the project is consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report has been certified. Therefore, no further environmental analysis is required as these actions are consistent with the General Plan.

I. BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the

podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.

I.1 Review of City Council and Commission process for public comments to reduce hate speech and the use of virtual platforms for public comments; and consider drafting a statement of values
Title/Recommendation
Provide direction to staff regarding the process for public comments made at City Council and Commission meetings and the use of virtual platforms for public comments; and direct to staff to work with the Diversity, Equity, Belonging and Inclusion Committee to draft a City Council statement of values.

I.2 Consideration of Issuance of Request for Proposals for Purchase of the Former CD Manufacturing Building (400 Guthrie Lane)
Title/Recommendation
Adopt a Resolution approving and authorizing the Executive Director, or designee to issue a request for proposals for the sale of Successor Agency-Owned Property located at 400 Guthrie Lane.

I.3 Focused Zoning Code Update Direction: Alcohol Sales, Self-storage facilities, and Drivethrough uses Title/Recommendation
Provide direction to staff on potential new regulations within the framework of the Focused Zoning Code Update related to the following land uses:
• Alcohol Sales
• Self-storage facilities; and
• Drive-through uses.

I.4 Consider information related to possible new tobacco regulations and provide direction to staff
Title/Recommendation
Consider information related to possible new tobacco regulations and provide direction to staff on the options provided in the staff report.

I.5 Vineyards Parkway Traffic Update
Title/Recommendation
Receive an update on Vineyards Parkway related to speed limit painting, re-assessment of a stop sign warrant, landscaping reductions, rectangular rapid flashing beacons (“RRFB’s”), parks and amphitheater mitigations.

J. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
K. REQUESTED FUTURE AGENDA ITEM(S)
K.1 A request from Council Member Mendoza requesting staff hold a townhall related to permitting and business license processes
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza requesting staff hold a town hall inviting business to provide feedback on potential improvements to the permitting and business license process.

K.2 Planning Commission request regarding standards and methodology for Vehicle Miles Traveled (VMT)
Title/Recommendation
Provide staff direction on whether to spend time and resources on the Planning

Commission’s request.

K.3 Planning Commission request regarding establishment of pervious surface requirements or guidelines for new projects
Title/Recommendation
Provide staff direction on whether to spend time and resources on the Planning Commission’s request.

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

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

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

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

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

POSTING STATEMENT
On September 19, 2024, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

WHEREAS, the City of Brentwood celebrates the rich cultural diversity that strengthens our community and contributes to our shared values; and WHEREAS, Hispanic people were among the earliest settlers in California, in Contra Costa County and other regions of the United States, and over the years have come to this country in search of democracy, freedom and a better way of life.

Their diverse and vibrant culture includes elements originating in Europe, North America, Central America, South America and the Caribbean; and WHEREAS, Hispanic Heritage Month, celebrated nationally from September 15 to October 15, honors the diverse cultures, rich histories, and significant contributions of Hispanic and Latino Americans; and
WHEREAS, the 2024 theme, “Pioneers of Change: Shaping the Future Together”, highlights the vision, resilience, and leadership of Hispanic Americans who are driving innovation, social progress, and community building across our nation; and
WHEREAS, Hispanic and Latino Americans have played an integral role in the growth, vibrancy, and diversity of Brentwood, contributing significantly to our economy, public service, education, the arts, and many other fields; and WHEREAS, the City of Brentwood recognizes the importance of fostering inclusion, celebrating diversity, and honoring those who have helped shape our shared future.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize September 15 – October 15, 2024, as

HISPANIC HERITAGE MONTH
and calls upon the residents of Brentwood to observe the month with ceremonies, activities, and programs that celebrate Hispanic heritage and recognize the impact Hispanic people have had on our community.

Dated this 24th day of September 2024

Joel R. Bryant, Mayor

PROCLAMATION

PROCLAMATION
WHEREAS, human resources professionals play a vital role in shaping the success and growth of organizations through their unwavering dedication and commitment; and
WHEREAS, the vitality of human resources professionals cannot be understated, as they are not only responsible for managing the most valuable asset of any organization – its people, but also ensure the smooth functioning of workplaces, fostering an environment of inclusion and equal opportunity; and WHEREAS, human resources professionals demonstrate unparalleled expertise in talent acquisition, employee development, performance management, and overall organizational effectiveness, ensuring the alignment of business goals with the well-being of employees; and
WHEREAS, their tireless efforts in creating and implementing policies and practices that support a healthy work-life balance, diversity and inclusion, and employee well-being have a profound impact on the professional and personal lives of countless individuals; and
WHEREAS, Human Resources Professional Day aims to honor and recognize the indispensable contributions made by human resources professionals worldwide.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize September 26, 2024 as

HUMAN RESOURCES PROFESSIONALS DAY
and call upon all organizations, institutions, and individuals to celebrate and acknowledge the exceptional work of human resources professionals, their invaluable support, and their dedication towards building prosperous and empowered workplaces.

Dated this 24th day of September 2024

Joel R. Bryant, Mayor

PROCLAMATION
WHEREAS, the Veterans of Foreign Wars (VFW) is an esteemed organization that has tirelessly advocated for the rights, welfare, and well-being of Veterans who have bravely served our nation in foreign conflicts; and WHEREAS, the VFW has stood as a beacon of camaraderie, support, and advocacy for Veterans, providing a platform for them to share their experiences, receive assistance, and engage in meaningful service to their communities; and
WHEREAS, the VFW has played a crucial role in preserving the memory of fallen heroes, ensuring that their sacrifices are never forgotten, and promoting a sense of national pride and gratitude for those who have defended our freedoms;
WHEREAS, on this day we recognize and salute the Veterans of Foreign Wars, their dedication to our country, and their ongoing commitment to the well-being of their fellow Veterans and communities.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize September 29, 2024 as

VETERANS OF FOREIGN WAR DAY
and encourage all residents to honor and support the Veterans of Foreign War and join in expressing gratitude for the sacrifices made by our Veterans.

Dated this 24th day of September 2024

Joel R. Bryant, Mayor

PROCLAMATION
WHEREAS, our community’s quality of life is profoundly influenced by the tireless dedication and unwavering commitment of our Community Enrichment professionals; and
WHEREAS, Code Enforcement Appreciation Week provides a vital opportunity to recognize and celebrate the invaluable contributions of these individuals who work diligently to uphold and enforce local codes, ordinances, and regulations; and
WHEREAS, code enforcement officers play a crucial role in maintaining the safety, health, and aesthetics of our neighborhoods and businesses, ensuring they remain vibrant, welcoming, and compliant with established standards; and WHEREAS, these public servants often go above and beyond their duties to educate and assist community members in understanding and complying with codes, fostering a sense of cooperation and civic pride; and WHEREAS, during Code Enforcement Appreciation Week, we express our heartfelt gratitude for their dedication, professionalism, and commitment to enhancing the overall well-being of our community.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood, does hereby recognize October 6 - 12, 2024 as

CODE ENFORCEMENT APPRECIATION WEEK
and encourage all members of our community to join us in expressing our deep gratitude for their service, dedication, and the positive impact they make in our lives every day.

Dated this 24th day of September, 2024

Joel R. Bryant, Mayor

PROCLAMATION
WHEREAS, local chambers of commerce provide vital support to businesses, foster economic growth, and contribute to the overall prosperity of our communities; and
WHEREAS, October 16th is designated as Support Your Local Chamber of Commerce Day, a time to recognize the valuable services and advocacy that chambers offer; and
WHEREAS, the Brentwood Chamber of Commerce plays a pivotal role in promoting local businesses, providing networking opportunities, and supporting the economic vitality of Brentwood; and
WHEREAS, the Brentwood Chamber of Commerce is committed to fostering a thriving business environment, benefiting both entrepreneurs and residents alike.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby proclaim October 16, 2024 as

SUPPORT YOUR LOCAL CHAMBER OF COMMERCE DAY
and encourage all residents to recognize and support the Brentwood Chamber of Commerce’s contributions to our city.

Dated this 24th day of September 2024

Joel R. Bryant, Mayor

PROCLAMATION
WHEREAS, the City of Brentwood recognizes the inherent worth and dignity of every individual, regardless of their physical or cognitive abilities; and
WHEREAS, the diversity of abilities enriches our society, fostering a sense of unity, empathy, and compassion among all residents; and WHEREAS, the month of October provides an opportunity for us to celebrate All Abilities Month and raise awareness about the challenges and triumphs faced by individuals with disabilities; and
WHEREAS, we acknowledge the achievements, talents, and
contributions of people with disabilities in every facet of life, from education and employment to arts, sports, and public service; and WHEREAS, by honoring All Abilities Month, we reaffirm our commitment to creating a society that is inclusive, accessible, and equitable for everyone, regardless of their abilities.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby proclaim the month of October 2024 as

ALL ABILITIES MONTH
let us come together to celebrate the incredible diversity of abilities in our community, promote understanding, and work towards a more inclusive and accessible future for all.

Dated this 24th day of September 2024

Joel R. Bryant, Mayor

PROCLAMATION
WHEREAS, breast cancer is a disease that affects the lives of millions of individuals and their families, transcending boundaries of age, gender, and background; and
WHEREAS, Breast Cancer Awareness Month is a time to unite as a community to raise awareness, support those battling breast cancer, and honor the memory of those we have lost to this disease; and
WHEREAS, through increased awareness, education, early detection, and advances in medical research, we have made significant progress in the fight against breast cancer; and
WHEREAS, we celebrate the strength, resilience, and bravery of the countless individuals who have faced breast cancer with courage and determination; and
WHEREAS, it is our collective responsibility to continue the fight against breast cancer by promoting regular screenings, supporting research, and advocating for improved access to care.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby proclaim the month of October 2024 as

BREAST CANCER AWARENESS MONTH
Let us join together in solidarity, working toward a future where breast cancer is preventable, treatable, and curable for all.

Dated this 24th day of September 2024

Joel R. Bryant, Mayor

PROCLAMATION
WHEREAS, the City of Brentwood is a community founded upon diversity and unity, welcoming people from all corners of the globe; and WHEREAS, Filipino Americans have played an integral role in shaping the cultural, social, and economic fabric of our great nation, contributing significantly to our rich tapestry of diversity; and
WHEREAS, throughout history, Filipino Americans have demonstrated exceptional resilience, determination, and innovation in the face of challenges, embodying the American spirit; and
WHEREAS, Filipino American History Month provides a unique opportunity to recognize and celebrate the countless achievements, contributions, and traditions of the Filipino American community; and
WHEREAS, by honoring Filipino American history, we promote mutual understanding, cultural exchange, and unity among all Americans.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby proclaim the month of October 2024 as

FILIPINO AMERICAN HISTORY MONTH

and urge all residents come together to celebrate the past, present, and future contributions of Filipino Americans to our nation and community and renew our commitment to fostering an inclusive and harmonious society for all.

Dated this 24th day of September, 2024

Joel R. Bryant, Mayor

PROCLAMATION
WHEREAS, the interconnectedness of our digital world calls for increased attention and vigilance against cyber threats that can compromise the privacy, security, and prosperity of individuals, organizations, and nations; and

WHEREAS, cyber security plays a critical role in safeguarding sensitive data, intellectual property, and critical infrastructure, ensuring the continued functioning of essential services for individuals and communities alike; and

WHEREAS, cyber attacks have the potential to disrupt economies, compromise national security, and cause irreparable harm to individuals and organizations, highlighting the urgent need for enhanced cyber security measures and awareness; and

WHEREAS, the month of October presents a valuable opportunity to raise awareness about cyber security risks and promote proactive practices that can mitigate these threats, empowering individuals to protect themselves online and encouraging organizations to strengthen their cyber defense systems; and,

WHEREAS, education and training in cyber security are essential for building a skilled workforce that can effectively anticipate, prevent, and respond to cyber threats.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby proclaim the month of October 2024 as

CYBER SECURITY AWARENESS MONTH
and urges all residents, businesses, educational institutions, and government agencies to come together to raise awareness, promote best practices to combat cyber attacks, and foster a culture of cyber security preparedness.

Dated this 24th day of September, 2024

Joel R. Bryant, Mayor

CITY COUNCIL AGENDA ITEM NO. G.10
09/24/2024
SUBJECT: A Resolution approving and authorizing the City Manager to sign an Affordable Housing Agreement between the City of Brentwood and Trumark Homes for the Trailside Project (Subdivision 9610) DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Community Development Director
Sylvia Elias, Senior Housing Analyst

TITLE/RECOMMENDATION
Approve a resolution authorizing the City Manager to sign an Affordable Housing agreement between the City of Brentwood and Trumark Homes for the Trailside Project (Subdivision 9610) and such other documents as may be needed to complete the transaction.

FISCAL IMPACT
As the developer plans to build the required affordable housing units onsite, no inlieu fees will be collected as a result of this agreement. The Trailside project is subject to the previous version of the affordable housing ordinance (Ordinance 1014), which allowed for the collection of in-lieu fees and/or the building of affordable residential units.

BACKGROUND
The Trailside (Subdivision 9610) project will be developed by Trumark Homes. The Trailside project includes a total of sixty-three (63) units; fifty-seven (57) market rate units and six (6) affordable duet units. The residential subdivision is subject to Ordinance 1014, which required a total affordable housing obligation of ten percent (10%): three percent (3%) for Moderate-Income households, four percent (4%) for Low-Income households, and three percent (3%) for Very-Low Income households.

On August 8, 2023, the Brentwood City Council approved the developer’s application for a vesting tentative subdivision map pursuant to Resolution No. 2023-99. To implement the relevant condition of approval and satisfy their affordable housing obligation, Trumark Homes must enter into an Affordable Housing Agreement (Municipal Code Chapter 17.725 Affordable Housing) with the City.

CITY COUNCIL AGENDA ITEM NO. G.10
09/24/2024
At its August 19, 2024, meeting, the Land Use and Development Committee (LUD) reviewed the proposed affordable housing obligation and affordable housing agreement for the Trailside project.

The developer requested a modification to the affordable housing agreement as follows (please see attached redlined version of the agreement):

City shall have ninety (90) days following the date that an occupancy permit is issued for a Restricted Unit to find a qualified buyer to purchase such unit. In the event City fails to find a qualified buyer within such ninety (90) day period, Developer shall have the right, but not the obligation, to sell the applicable Restricted Unit at market price and pay the in-lieu fee pertaining to the unit without any further action by City or Developer or the obligation to obtain further approval from City Council.

After review of the developer’s requested modification to the affordable housing agreement, the Committee recommended not to include the modification. The Committee directed staff to forward the affordable housing agreement without any modification to the City Council for approval.

Staff has forwarded the affordable housing agreement to the City Council for review, and is recommending that the City Council adopt the attached resolution and approve the standard affordable housing agreement with no modifications for the Trailside project.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 4: Community Development, Goal 1: Provide a diversity of housing opportunities, including equitable distribution of affordable housing for all socioeconomic segments of the Brentwood community.

PREVIOUS ACTION
Please see Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. G.10
09/24/2024

ALTERNATIVE OPTION(S)
The following are alternative options that the City Council may consider:

1. Do not approve staff’s and the Land Use and Development Committee’s recommendation, and instead include the developer’s request for a modification to the affordable housing agreement.

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

ATTACHMENT(S)

1. Previous Actions

2. Resolution

3. Affordable Housing Agreement

4. Redlined/Draft Affordable Housing Agreement

ATTACHMENT 1
Previous actions related to this agenda item that were taken by the City Council are listed below.
 Visit www.brentwoodca.gov/meeting, 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.

Ordinance 1014 was adopted by the City Council on April 28, 2020, amending the City of Brentwood’s Affordable Housing Program.

Ordinance 1041 was adopted by the City Council on July 26, 2022, further amending the City of Brentwood’s Affordable Housing Program.

At its August 19, 2024 meeting, the Land Use and Development Committee (LUD) reviewed the affordable housing obligation and affordable housing agreement for the Trailside project. The developer requested a modification to the affordable housing agreement; LUD recommended that the City Council not include the modification.

LUD directed staff to forward the affordable housing agreement without any modification to the City Council for approval.

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPRVING AND AUTHORIZING THE CITY

MANAGER TO SIGN AN AFFORDABLE HOUSING AGREEMENT

BETWEEN THE CITY OF BRENTWOOD AND TRUMARK HOMES
FOR TRAILSIDE (SUBDIVISION 9610) AND SUCH OTHER

DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE

TRANSACTION
WHEREAS, on April 28, 2020, the City Council adopted Ordinance 1014, an Ordinance of the City Council of the City of Brentwood approving an amendment Affordable Housing Program, which became effective on May 28, 2020; and WHEREAS, on July 26, 2022, the City Council adopted Ordinance 1041, an Ordinance of the City Council of the City of Brentwood furthering amending Municipal Code Chapter 17.725 that establishes an Affordable Housing Program; and WHEREAS, developments with complete applications prior to the adoption of Ordinance 1041 are subject to the previous affordable housing ordinance (Ordinance 1014); and
WHEREAS, the application for the Trailside (Subdivision 9610) project was deemed complete on May 19, 2022, and is therefore subject to the previous affordable housing Ordinance (Ordinance 1014), which imposes a 10% affordable housing obligation; and
WHEREAS, under Ordinance 1014, the City’s affordable housing program required developers of residential developments of five (5) or more lots to fulfill an affordable housing obligation of 10% of the total number of dwelling units as affordable units; and
WHEREAS, a Condition of Approval for Subdivision 9610 requires Trumark Homes (the “Developer”) to comply with the City of Brentwood Affordable Housing Program; and
WHEREAS, on August 19, 2024, the Land Use and Development Committee (LUDC) reviewed the affordable housing obligation for Subdivision 9610, which required six (6) affordable units to be built; and
WHEREAS, the Developer will provide six (6) affordable units: two (2) units for moderate-income households, two (2) units for low-income households and two (2) units for very low-income households; and
WHEREAS, the City Council has elected for the Developer to satisfy their affordable housing obligation by building the six (6) affordable duet units, and selling the units to income qualifying families.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute:
1) An Affordable Housing Agreement with Trumark Homes, in a form substantially similar to that attached hereto, subject to minor revisions approved by the City Attorney;
2) The exhibits attached to the affordable housing agreement, subject to minor revisions approved by the City Attorney; and
3) Such other documents as may be required to ensure the transfer of the affordable units in accordance with the terms of the Affordable Housing Agreement and subsequent compliance therewith.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of September 2024 by the following vote:

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Brentwood
150 City Park Way
Brentwood, California 94513
Attn: Housing Manager
DRAFT
(Space Above This Line for Recorder's Use Only)
[Exempt from recording fee per Gov. Code § 27383]

AFFORDABLE HOUSING AGREEMENT
THIS AFFORDABLE HOUSING AGREEMENT (the "Agreement") is entered into as of __________________ (the "Effective Date"), by and between TH Apricot Way Brentwood LLC, a California Limited Liability Company ("Developer"), and THE CITY OF BRENTWOOD (the "City"). Developer and City agree as follows, with reference to the following facts:

RECITALS
Developer owns that certain real property located in the northwestern portion of Brentwood, 1777 Apricot Way (Subdivision 9610) and identified as the Trailside property, Assessor's Parcel Numbers 019-092-13 and 019-092-034010-100-014 ("Site").

A. City is acting to carry out its obligations under its General Plan, Ordinance No. 1014 (Brentwood Municipal Code Chapter 17.725) (the "Ordinance") and any implementing regulations (collectively, the "City Inclusionary Housing Requirements"), and Developer agrees to comply with the City Inclusionary Housing Requirements.

B. City Council adopted Ordinance 1014 on April 28, 2020, thereby codifying the requirement that developers of residential developments of five or more lots or dwelling units fulfill an affordable housing obligation of two percent (10%) of the total number of dwelling units as affordable units (the “Ten Percent Affordability Requirement”). The Ordinance provided as follows:

Developers of residential developments of five or more lots or dwelling units designed and intended for residential occupancy shall construct or make possible the construction of a minimum of ten percent of the total number of dwelling units within the residential development as Affordable Units, allocated to income levels as set forth in this chapter, or as provided in an affordable housing agreement which specifies the means of satisfying this chapter. The foregoing requirement shall be applied prior to the application of a density bonus and no more than once to an approved residential development, regardless of changes in its character or ownership, provided that the total number of dwelling units does not change.

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C. Developer and City agree that six (6) Units (3 Duet units) on the Site, as described in Legal Description of Affordable Units (“Restricted Units”), attached as Exhibit A hereto and incorporated herein by reference, shall be subject to the conditions and restrictions, and the rights of City as specified herein (each a "Restricted Units and collectively, the "Restricted Units"). The remaining units shall be referred to as the "Non-Restricted Units."

AGREEMENT
NOW, THEREFORE, Developer and City agree as follows:

ARTICLE 1

SALE OF RESTRICTED UNITS

1.1 Defined Terms. The following terms shall have the meanings set forth in this Section 1.1:

A. "Affordable Housing Cost" shall be as defined in Health and Safety Code Section 50052.5 or any successor statute thereto. If the statute is no longer in effect and no successor statute is enacted, the City shall establish the Affordable Housing Cost for purposes of this Agreement. For purposes of determining the Affordable Housing Cost: (i) the purchase price for a 2-bedroom Restricted Unit shall be established using the assumption that the Eligible Household purchasing the Unit is comprised of three persons, (ii) the purchase price for a 3-bedroom Restricted Unit shall be established using the assumption that the Eligible Household purchasing the Unit is comprised of four persons; (iii) the purchase price for a 4 bedroom Restricted Unit shall be established using the assumption that the Eligible Household purchasing the Unit is comprised of five persons; and (iv) the purchase price for a 5 bedroom Restricted Unit shall be established using the assumption that the Eligible Household purchasing the Unit is comprised of six persons.

B. "Eligible Household" shall mean and include a person or household (i) meeting the definition of "Very Low Income Household" or "Low Income Household" under this Section 1.1; (ii) meeting the definition of a First Time Homebuyer; and (iii) who otherwise meets Developer's standard criteria for determining eligibility for occupancy, which may include an evaluation of the applicant's ability to pay mortgage, employment status and credit history. These standard criteria may vary from time to time, but must be uniformly applied at all times.

C. "First Time Homebuyer" shall mean and include a person or household, no member of which has had any of the following interests in real property in his or her primary residence in the three years preceding the date of purchase of the Unit: fee simple, joint tenancy, tenancy in common, life estate, shareholder in a cooperative or interest held in trust that would continue on to ownership if held.

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D. "Very Low Income Household" shall mean a person or household whose annual gross income does not exceed 50% (which percentage shall be adjusted as provided in Title 25, Section 6932 of California Code of Regulations) of the Median Income (as defined below).

E. "Low Income Household" shall mean a person or household whose annual gross income does not exceed 80% (which percentage shall be adjusted as provided in Title 25, Section 6932 of California Code of Regulations) of the Median Income (as defined below).

F. "Moderate Income Household" shall mean a person or household whose annual gross income does not exceed 110% (which percentage shall be adjusted as provided in Title 25, Section 6932 of California Code of Regulations) of the Median Income (as defined below G. "Median Income" is the area-wide median gross yearly income in Contra Costa County, adjusted for household size, as established from time to time by the U.S. Department of Housing and Urban Development ("HUD"). In the event that such income determinations are no longer published or are not updated for a period of at least 18 months by HUD, Median Income shall mean the area-wide median gross income for households in Contra Costa County, adjusted for family size, as published from time to time by the California Department of Housing and Community Development ("HCD"). In the event that such income determinations are no longer published, or not updated for a period of at least 18 months, the City shall provide Developer with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by HUD or HCD.

1.2 Affordability Requirements and Restrictions
A. Developer shall construct 3 Duet units for a total of six (6) Restricted Units in the Development. The six (6) Restricted Units will be sold by Developer to Moderate Income (2 units), Low Income (2 units), and Very Low Income (2 units) Households ("OwnerOccupied Restricted Units").

B. All Restricted Units within a residential development shall be comparable to the marketrate units in exterior design, quality, materials, architectural elements and overall construction quality, as well as number and proportion of bedroom types. If approved by the Planning Commission in the design review approval process as specified in Section

17.725.006 D, Restricted Units may include reduced front, side and backyard landscaping and may be smaller in size or may be duet-style products. Otherwise, Restricted Units shall be comparable to the “standard” landscaping and size. In addition, all Restricted Units shall include the same or similar interior amenities offered for market rate units within a residential development.

C. The Restricted Units shall be constructed in the location and in accordance with the schedule of construction set forth in Exhibit B, Location of Restricted Units and Schedule of Construction. All Restricted Units in a residential development or phase of a residential development shall be constructed prior to or concurrently with market-rate units, as set forth, and in the location specified, in a schedule of construction approved by the City and

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set forth in this agreement. The building permits for the last ten percent of the nonrestricted dwelling units shall not be issued until the last Restricted Unit has been issued a building permit and construction of the last Restricted Unit has begun.

City shall have ninety (90) days following the date that an occupancy permit is issued for a Restricted Unit to find a qualified buyer to purchase such unit. In the event City fails to find a qualified buyer within such ninety (90) day period, Developer shall have the right, but not the obligation, to sell the applicable Restricted Unit at market price and pay the in-lieu fee pertaining to the unit without any further action by City or Developer or the obligation to obtain further approval from City Council.

D. Developer shall make a written designation to City, at the time the final subdivision map for the Site is recorded, of those Units that shall be Owner-Occupied Restricted Units, which designation shall be consistent with the terms of this Agreement, including without limitation Exhibit B. The total number of Owner-Occupied Restricted Units being offered for sale in accordance with this Article 1 shall be as required by Section 1.2.A. above.

During the Term (as defined in Section 3.3) of this Agreement, the Owner-Occupied Restricted Units shall be subject to all of the requirements of this Agreement, including without limitation the following additional restrictions and requirements:

1. Each Owner-Occupied Restricted Unit shall only be sold to and be occupied by an Eligible Household. The Owner-Occupied Restricted Units shall only be sold to and be occupied by Low Income Households at a price that does not exceed the Affordable Housing Cost for Low Income Households.

2. The income of all persons residing in the Owner-Occupied Restricted Unit shall be considered for purposes of calculating the applicable income of the Eligible Household.

3. The Owner-Occupied Restricted Units shall only be sold to Eligible Households approved by City in accordance with this Agreement, the City Inclusionary Housing Requirements and the City's Affordable Housing Program. Developer shall work with City to obtain names of Eligible Households certified or maintained by City in accordance with City's Affordable Housing Program. In the event City no longer certifies or maintains a list of Eligible Households, at least thirty (30) calendar days prior to any proposed sale or other transfer of any Owner-Occupied Restricted Unit during the Term, Developer shall submit to City: (a) a copy of the written agreement of purchase and sale; (b) the prospective purchaser's/transferee's income certification, evidence of the purchaser's/transferee's status as an Eligible Household, a list of all assets owned by the prospective purchaser/transferee and any information reasonably necessary to enable City to determine compliance with the terms of this Agreement, in a form reasonably approved by the City; and (c) the income certification to be provided to any lender making a loan on the OwnerOccupied Restricted Unit. The City may require documentation reasonably evidencing and supporting the income and other financial information contained in

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the certifications, including the prospective purchaser's/transferee's income most recent income tax return. Within thirty (30) calendar days from receipt of the documentation, City shall render a decision of eligibility or noneligibility. If the prospective purchaser/transferee qualifies as an Eligible Household, the purchase price of the Owner-Occupied Restricted Unit is within the definition of Affordable Housing Cost and the sale or transfer complies with the City Inclusionary Housing Requirements, the City shall so certify in writing within such thirty (30) calendar days, and upon request shall execute a certificate, in recordable form, confirming that the proposed transaction complies with the requirements of this Article 1. If the prospective purchaser/transferee does not qualify as an Eligible Household, the purchase price of the Owner-Occupied Restricted Unit is not within the definition of Affordable Housing Cost or the sale or transfer does not comply with the City Inclusionary Housing Requirements, the City shall so notify the Developer in writing, within such thirty (30) calendar days, stating the basis for its determination in reasonable detail and the Developer shall not sell the Owner-Occupied Restricted Unit to such non-Eligible Household.

4. THERE SHALL BE NO SALE OR OTHER TRANSFER OF THE OWNEROCCUPIED RESTRICTED UNIT WITHOUT THE WRITTEN

CERTIFICATION BY CITY THAT THE PURCHASER / TRANSFEREE IS AN ELIGIBLE HOUSEHOLD, THE PURCHASE PRICE OF THE OWNEROCCUPIED RESTRICTED UNIT IS WITHIN THE DEFINITION OF

AFFORDABLE HOUSING COST AND THE SALE OR TRANSFER
COMPLIES WITH CITY'S INCLUSIONARY HOUSING REQUIREMENTS.

ANY SALE OR OTHER TRANSFER OF THE OWNER-OCCUPIED

RESTRICTED UNIT IN VIOLATION OF THIS AGREEMENT SHALL BE VOID.

5. EACH PURCHASER OF A OWNER-OCCUPIED RESTRICTED UNIT FROM

DEVELOPER SHALL ENTER INTO AND RECORD AT THE CLOSE OF

ESCROW A REFINANCE AND RESALE LIMITATION AGREEMENT AND
OPTION TO PURCHASE ("LIMITATION AGREEMENT"), IN A FORM

SIMILAR TO EXHIBIT C, ATTACHED HERETO, SUPPLIED BY AND
APPROVED BY CITY, AND FOR THE BENEFIT OF CITY. UPON
RECORDATION OF THE LIMITATION AGREEMENT: (A) THIS

AGREEMENT SHALL HAVE NO FURTHER FORCE OR EFFECT AS AN

ENCUMBRANCE AGAINST THE OWNER-OCCUPIED RESTRICTED UNIT
ENCUMBERED BY THE LIMITATION AGREEMENT; AND
(B) DEVELOPER SHALL HAVE NO FURTHER OBLIGATIONS OR

LIABILITIES WITH RESPECT TO THE OWNER-OCCUPIED RESTRICTED

UNIT, ENCUMBERED BY THE LIMITATION AGREEMENT, INCLUDING

WITHOUT LIMITATION ANY RESPONSIBILITY FOR COMPLIANCE BY

THE BUYER OR ITS SUCCESSORS WITH THE TERMS AND CONDITIONS

OF THE LIMITATION AGREEMENT SIGNED BY PURCHASER, PROVIDED

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THAT DEVELOPER HAS COMPLIED WITH THE TERMS OF THIS
AGREEMENT.

E. Developer’s execution of this Agreement and compliance with the terms and conditions herein, shall be deemed full and final satisfaction of the City Inclusionary Housing Requirements applicable to the Project.

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ARTICLE 2

MAINTENANCE AND MANAGEMENT

2.1 Maintenance and Management. During the Term (as defined in Section 3.3 below) of this Agreement, Developer agrees to maintain the improvements and landscaping including backyards, side yards and front yards on the Restricted Units in a clean and orderly condition and in good condition and repair and to keep the Restricted Units free from accumulation of debris and waste materials.

Upon the sale of an Owner-Occupied Restricted Unit, the Eligible Household that purchased the Owner-Occupied Restricted Unit will maintain the landscaping on that unit.

Upon the conveyance of the Rental Restricted Units to City, the City or its property manager will maintain the landscaping on the Rental Restricted Units.

2.2 Effect of Article 2. This Article 2 shall terminate and be of no further force and effect upon the first to occur of: (a) the last day of the Term; or (b) the closing of the sale by Developer of, and/or the transfer of title to, the last Restricted Unit pursuant to Article 1 above.

ARTICLE 3

GENERAL PROVISIONS

3.1 Conditions of Approval. This Agreement shall not supersede any conditions of approval for the Development pursuant to the Ordinance or other applicable City Inclusionary Housing Requirements, but is intended to be consistent with the Ordinance and other applicable City Inclusionary Housing Requirements. In the event of any conflict between this Agreement and the City Inclusionary Housing Requirements, the City Inclusionary Housing Requirements shall prevail.

3.2 Notices. Notices required to be given to City or to Developer shall be given by hand delivery, recognized overnight courier (such as UPS, DHL or FedEx) or certified mail, return receipt requested, to the following addresses, or to such other address(es) as a party may designate from time to time by written notice to the other:

To City:

City of Brentwood
Housing Division
150 City Park Way
Brentwood, CA 94513
To Developer:

TH Apricot Way Brentwood LLC
A California Limited Liability Company

ADDRESS NEEDED

3.3 Duration. The covenants set forth herein on the Restricted Units shall be covenants running with the land and shall inure to the benefit of the City and its successors and assigns, and subject to any shorter time limitations specifically set forth herein, shall be enforceable by the City and its successors and assigns, for a period of forty-five (45) years from the date of recording of this Agreement (the "Term"). The parties agree that for the Term, all future

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deeds or transfers of interest shall show or reference the applicable restrictions of this Agreement. Upon recordation of a Resale and Refinance Limitation Agreement and Option to Purchase, this Agreement shall have no further force or effect as an encumbrance against the Owner-Occupied Restricted Unit to which such Limitation Agreement pertains, and Developer shall have no further obligations or liabilities with respect to such OwnerOccupied Restricted Unit, including without limitation any responsibility for compliance by the buyer or its successors with the terms and conditions of the Limitation Agreement, provided that Developer has complied with the terms of this Agreement.

3.4 No Discrimination. Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, physical or mental disability, age, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Restricted Units, nor shall the Developer itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of the Restricted Units.

3.5 Amendment. This Agreement may be amended only in writing by City and Developer.

3.6 No Impairment of Lien. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Developer to the Site shall be bound by such covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.

3.7 Successors and Assigns.

A. Binding Effect; Covenants Run with Land. The covenants contained in this Agreement shall inure to the benefit of the City and its successors and assigns and shall be binding upon Developer and any successor in interest as owner of fee title to the Site, or any part thereof. Upon the transfer by Developer of all of its interest in the Site, all references in this Agreement to Developer thereafter shall mean and refer to such successor in interest of Developer as may then be the owner of the Site. In the event that Developer transfers the Site to more than one successor in interest, all successors in interest shall be collectively required to comply with the provisions of this Agreement and shall be jointly and severally liable for any breach or failure to comply, unless each successor and City enter into an agreement outlining the specific obligations of each successor for compliance with this Agreement. The covenants shall run in favor of City and its successors and assigns for the entire period during which such covenants shall be in force and effect. City, and its successors and assigns, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings, to enforce the curing of such breach.

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B. Transfer by Developer of Site. Except as expressly permitted by this Section 3.7.B, Developer shall not sell, transfer, convey, assign or ground lease the Site or any part thereof or interest therein (a "Transfer") during the period between the date of recordation of this Agreement and the closing date for the sale or transfer of the last Restricted Unit to be sold or transferred pursuant to Article 1 above without prior written approval of the City. The City's approval shall not be unreasonably withheld or delayed. This restriction shall not apply to (i) any Transfer of a Unit to an individual homebuyer or City, (ii) any Transfer of Developer's interest in the Site to any trust, partnership, corporation, limited liability company or other entity that is managed and controlled by Developer whether through any trust, partnership, corporation, limited liability company or other entity, or (iii) any Transfer after the closing date for the last Restricted Unit sold pursuant to Article 1 above.

This restriction on Transfer shall not be deemed to limit or restrict the making of dedications or granting of easements or permits to facilitate the development of the Site, or to limit or restrict the sale of any individual Units. This restriction on Transfer shall also not be deemed to prohibit, limit or restrict the assignment or granting of any security interests in the Site for the purpose of securing loans or funds to be used for financing the construction of the improvements on the Site, or the exercise by any lenders of their rights and remedies, including without limitation foreclosure, under the agreements and instruments evidencing or securing any such financing.

3.8 No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, there are no third party beneficiaries of this Agreement.

3.9 Effect of Agreement. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement shall have any force or effect on any buyer of a single Unit or its right, title or interest in or to such Unit, except that buyers of Owner-Occupied Restricted Units shall execute and be subject to the Refinance and Resale Limitation Agreement and Option to Purchase attached hereto as Exhibit C. The foregoing exemption and release shall be self-executing and require no further instruments or assurances to be effective.

3.10 Default.
a. Any failure by Developer to perform any term or provision of this Agreement shall constitute an "Event of Default" (1) if Developer does not cure such failure within thirty (30) days following written notice of default from City, or (2) if such failure is not of a nature which cannot reasonably be cured within such thirty (30) day period, Developer does not within such thirty (30) day period commence substantial efforts to cure such failure or thereafter does not within a reasonable time prosecute to completion with diligence and continuity the curing of such failure.
b. Any notice of default given hereunder shall specify in detail the nature of the failure in performance alleged by City and the manner in which such failure of performance may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein

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specified for cure of a failure to perform, Developer shall not be considered to be in default of this Agreement for any purposes.
c. Any failure or delay by City in asserting any of its rights or remedies as to any Event of Default shall not operate as a waiver of any Event of Default or of any such rights or remedies or deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. d. In the event of an Event of Default under this Agreement, City shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other remedy proceedings to cure, correct or remedy such Event of Default.
e. Notwithstanding the foregoing, in the event that Developer fails to comply with the terms of this Agreement, City may suspend issuance of building permits for Non-Restricted Units, building inspections of Non-Restricted Units, or issuance of occupancy permits for Non-Restricted Units, or pursue any other remedy available to it.

3.11 California Law. This Agreement shall be construed in accordance with and be governed by the laws of the State of California.

3.12 Severability. Should any provision of this Agreement be found invalid or unenforceable by a court or other body of competent jurisdiction, said invalidity, unenforceability or ineffectiveness shall not affect the validity of the remaining provisions which shall remain in force to the maximum extent possible.

3.13 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
[Signature Page Follows]

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IN WITNESS WHEREOF, City and Developer have caused this instrument to be executed on their behalf by their respective officers thereunto duly authorized.

CITY:

THE CITY OF BRENTWOOD
By:

Name: Tim Y. Ogden
Its: City Manager
Date:__________________________
ATTEST:

By:

Name: Margaret Wimberly
Its: City Clerk
APPROVED AS TO FORM:

By:

Name: Katherine Wisinski
Its: City Attorney
DEVELOPER:

TH APRICOT WAY BRENTWOOD LLC, A

CALIFORNIA LIMITED LIABILITY

COMPANY
By: _______________________________
Name: ____________________________
Its: _______________________________
By: _______________________________
Name: ____________________________
Its: _______________________________
Date: _____________________________

SIGNATURES MUST BE NOTARIZED

EXHIBIT A
Legal Description

EXHIBIT B
Schedule of Construction
(and Location of Restricted Units)

EXHIBIT C
Refinance and Resale Limitation Agreement and Option to Purchase

CITY COUNCIL AGENDA ITEM NO. G.11
09/24/2024
SUBJECT: Adopt a resolution supporting California Proposition 36 DEPARTMENT: Police Department
STAFF: Tim Herbert, Chief of Police

TITLE/RECOMMENDATION
Adopt a resolution supporting California Ballot Initiative Proposition 36, The Homelessness, Drug Addiction, and Theft Reduction Act.

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

BACKGROUND
On November 4, 2014, California voters passed Proposition 47 (Prop. 47), a law that reclassified some felonies to misdemeanors. Prop. 47 reduced the legal consequences of both possession of hard drugs (fentanyl, cocaine, heroin, methamphetamine, and phencyclidine) and property crimes, except for persons with certain prior convictions. Many believe that the results of Prop. 47 have included significant increases in drug addiction, mental illness, and property crimes, including retail theft committed by addicts to support their habit and organized retail theft groups. Prop. 47 also allows people who have qualifying felony convictions in their past to petition to reclassify those convictions to misdemeanors.

As stated in the Homelessness, Drug Addiction, and Theft Reduction Act, the purpose and intent of the measure is to reform laws that many believe have increased homelessness, drug addiction, and theft throughout California since Prop 47 passed.

Proposition 36 (Prop. 36) will be on the ballot this November. According to the ballot measure, its proponents state that it will:

A. Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine.

CITY COUNCIL AGENDA ITEM NO. G.11
09/24/2024
B. Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm.

C. Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs.

D. Permit judges to use their discretion to sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed with a firearm while engaging in drug trafficking.

E. Warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

F. Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.

G. Increase penalties for people who repeatedly engage in theft.

H. Add new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage or that are committed by multiple thieves working together.

The full text of Prop. 36 is attached for further detail. According to the Legislative Analyst’s Office’s review of the measure, passage of this proposition would be anticipated to increase state and local criminal justice costs, while reducing the amount the state is required to spend on certain services, such as mental health and drug treatment. The LAO’s report is attached for further details on their findings.

Prop. 36 is currently supported by a number of organizations, corporations, and unions. Listed below are just a few of these:

California League of Cities
California Contract Cities Association
Corporations:

Target
Walgreens
Walmart, Inc.

Unions:

California District Attorneys Association
California Police Chiefs Association
California Retailers Association
California Sheriffs' Association

CITY COUNCIL AGENDA ITEM NO. G.11
09/24/2024

CITY COUNCIL STRATEGIC INITIATIVE
N/A

PREVIOUS ACTION
N/A

DATE OF NOTICE
N/A

ENVIRONMENTAL DETERMINATION
N/A

ALTERNATIVE OPTION(S)
As an alternative to the recommendation above, the Council may choose to:

1. Vote to formally not support Proposition 36, or

2. Take no formal action on Proposition 36.

ATTACHMENT(S)

1. Resolution

2. California Proposition 36 (23-0017), The Homelessness, Drug Addiction and Theft Reduction Act proposed proposition

3. Legislative Analyst’s Office Report on Proposition 36

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD SUPPORTING CALIFORNIA PROPOSITION 36, THE

HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION
ACT
WHEREAS, on November 4, 2014, California voters passed Proposition 47; and
WHEREAS, Proposition 47 generally (a) changed certain theft and drug possession offenses from felonies to misdemeanors (except for persons with certain prior convictions), (b) authorized defendants currently serving sentences for felony offenses that would have qualified as misdemeanors under the proposition to petition courts for resentencing under the new misdemeanor provisions, and (c) authorized defendants who had completed their sentences for felony convictions that would have qualified as misdemeanors under the proposition to apply to reclassify those convictions to misdemeanors; and
WHEREAS, while Proposition 47 achieved notable success in making California’s criminal justice system more equitable, Proposition 47 has also led to unintended consequences over the past decade; and
WHEREAS, many believe that the unintended consequences of Proposition 47 include repeat and often organized retail theft, inner-city store closings, and difficulty convincing people to seek drug and mental health treatment; and WHEREAS, these unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Proposition 47; and WHEREAS, Proposition 36, the “Homelessness, Drug Addiction, and Theft Reduction Act,” is a bipartisan measure that provides common sense, targeted reforms to Proposition 47 that legislative proposals alone are unable to deliver; and WHEREAS, rampant retail theft harms businesses and California residents because those who commit these crimes know they will get away with it, even if caught; and
WHEREAS, this measure will hold repeat offenders accountable for the safety of our communities rather than putting them back on the streets; and WHEREAS, the fentanyl crisis has reached alarming levels and is now responsible for 20 percent of youth deaths in California; and WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, will define fentanyl as a hard drug, hold individuals convicted of

trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers; and
WHEREAS, breaking the cycle of repeat offenders means addressing the many root causes of retail theft; and
WHEREAS, Proposition 36, the “Homelessness, Drug Addiction, and Theft Reduction Act,” provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse; and
WHEREAS, it is time for meaningful reforms to our justice system that ensure our communities are safe.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve to support Proposition 36, the “Homelessness, Drug Addiction, and Theft Reduction Act,” and the benefits that it provides for our community’s safety.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of September 2024 by the following vote:

THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT SECTION 1. Title
This Act shall be known as The Homelessness, Drug Addiction, and Theft Reduction Act.

SECTION 2. Purposes and Intent
This measure will reform laws that have dramatically increased homelessness, drug addiction, and theft throughout California.

This measure will:

A. Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine.

B. Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm.

C. Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs.

D. Permit judges to use their discretion to _sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed with a firearm while engaging in drug trafficking.

E. W am convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

F. Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.

G. Increase penalties for people who repeatedly engage in theft.

H. Add new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage, or that are committed by multiple thieves working together.
1 23-0017 A1

SECTION 3. Findings and Declarations
The People of the State of California find and declare as follows:

A. Reducing Homelessness Through Drug and Mental Health Treatment

1. California has reached a tipping point in its homelessness, drug, mental health, and theft crises. Our state has the highest rate of_homelessness per capita of any state in the. country. And drug overdoses now kill two to three times the number of people in California as car accidents.

2. Since the passage of Proposition 4 7 in 2014, homelessness in California has increased by 51 %, while during the same time period in the rest of the country, it has declined by 11 %. Proposition 4 7 reduced the legal consequences of both possession of hard drugs (fentanyl, cocaine, heroin, methamphetamine, and phencyclidine), and theft. The result has been massive increases in drug addiction, mental illness, and property crimes, including retail theft, committed by addicts to support their addiction. At the same time, California has seen a dramatic decrease in mental health and drug treatment for homeless people due to reduced incentives to participate in treatment. Our homelessness problem is directly connected to these unintended consequences of Proposition 4 7, which the voters now desire to correct.

3. Progressive states such as New Jersey, Maryland, Illinois, and Michigan have significantly stronger hard drug laws than California, and their homeless rate is 4 to 5 times lower than California's.

4. This proposal takes a modest step in the direction of these states by enacting a new class of crime called a "treatment-mandated felony." Under this new "treatmentmandated felony," prosecutors would have the discretion to charge a felony for hard drug possession after two previous drug convictions. If charged with this "treatment-mandated felony" for a third or subsequent drug offense, the offender would be given the option of participating in drug and mental health treatment. If the offender successfully completes drug and mental health treatment, the charge would be fully expunged, and the offender would receive no jail time. If the offender refuses drug and mental health treatment, they would serve jail time for hard drug possession. For a second conviction of the treatmentmandated felony (the 4th total conviction for hard drug possession), a judge would have the option of imposing time in jail or state prison. Along with hard drug and mental health treatment, offenders charged with a treatment-mandated felony would be offered shelter, job training, and other services designed to break the cycle of addiction and homelessness.

B. Cracking Down on Hard Drug Dealers

1. Fentanyl is the most dangerous drug that our nation has ever seen. Because it is largely produced synthetically, fentanyl is typically cheaper than other hard drugs. As a result, drug dealers now regularly include fentanyl in other drugs such as diet, anxiety, and 2

sleeping pills, cocaine, and heroin. Further, fentanyl is up to 50 times stronger than heroin. Therefore, a very tiny amount offentanyl can prove deadly. One kilogram (2.2 pounds) of fentanyl provides enough of the drug to manufacture four to ten million doses, or enough to kill 500,000 people. Finally, because such a small amount of fentanyl is necessary to create addiction, it is easier to smuggle across the border in smaller, yet much more deadly quantities.

2. This Act would authorize greater consequences for hard drug dealers whose trafficking kills or seriously injures a person who uses those drugs, and it would provide a mechanism to warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

3. This Act would add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine, for which it is illegal to possess the drug while armed with a loaded firearm.

4. This Act would also add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine that authorizes greater consequences for drug dealers who sell large quantities of hard drugs.

5. This Act also permits judges to sentence drug dealers who traffic in large quantities of hard drugs or who are armed with a firearm while trafficking in hard drugs to state prison instead of local county jails. Only our state prisons are equipped to manage security for hardened drug dealers and to provide them the rehabilitation services they need to safely re-enter society.

C. Accountability for Repeat Theft and Smash and Grab Thefts

1. Prior to Proposition 4 7, individuals who repeatedly engaged in theft could be charged with a felony. Prop 4 7 eliminated this repeat offender felony and instead provided that any theft up to $950 in value is now a misdemeanor - regardless of how many times the offender has committed theft. In practice, this means that an offender who repeatedly steals up to $950 in value faces virtually no legal consequences.

2. The result has been an explosion in retail and cargo theft causing stores throughout California to close to protect employees and customers from criminal activity that disrupts the efficient delivery of products directly to consumers and creates billions of dollars in economic losses to our local communities and state. This rapid increase in retail and cargo theft has also contributed to rising inflation, as businesses have been forced to raise prices to account for their economic losses. This retail and cargo theft explosion has collided with the fentany 1 epidemic, as hard drug users have engaged in brazen theft to support their drug habits, knowing that there will be no consequences for either their theft or their hard drug use.

3. Under this Act, an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property. Diversion programs will continue to 3

exist, meaning that judges will retain discretion not to incarcerate an off ender even for more than two theft convictions. But prosecutors will have the ability to bring felony charges against hardened, repeat offenders who continue to engage in theft. Judges will have the discretion to sentence a repeat offender to jail in appropriate cases, or to state prison if an off ender is convicted four or more times of theft.

4. This Act also authorizes judges to exercise their discretion to impose an enhanced penalty when an offender steals, damages, or destroys property by acting together with two or more offenders or by causing losses of $50,000 or more. By permitting discretion in these scenarios, judges will be able to fashion sentences that are appropriate for the crime committed, including so-called "smash and grabs" committed by mobs or large groups of people working together.

5. The value of property stolen in multiple thefts will be permitted to be added together so that in appropriate cases an offender may be charged with felony theft instead of petty theft. This provision addresses the problem of offenders who commit a series of thefts in which the property stolen during each theft has a value under the $950 felony theft threshold, in order to insulate themselves from felony charges.

6. Along with the hard drug provisions in this Act, these theft law changes will stop the vicious cycle of hard drug users stealing to support their habits without legal consequences for their actions.

SECTION 4. Section 11369 is added to the Health & Safety Code to read:
11369. (a) This section shall be known, and may be cited, as Alexandra's Law. (b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug, of the following:
"You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in such conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in ve1y small doses. If you illicitly manufacture, distribute, sell, furnish administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code. "
(c) The advisory statement shall be provided to the defendant in writing, either on a plea form if used, as an addendum to a plea form, or at sentencing, and the fact that the advisory was given shall be specified on the record and recorded in the abstract of the conviction. 4

(d) (1) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl; heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section "hard drug'' does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) of Section 11055.

SECTION 5. Section 11370.1 of the Health & Safety Code is amended to read:
11370.1. (a) Notwithstanding Section 11350 or 11377 or any other provision oflaw, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containing fentanyl, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
(k) Subdivision {a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription.
1£1 As used in this-subdivision {gJ_,_ "armed with" means having available for immediate offensive or defensive use.
-fat-( d) Any person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 ( commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.

SECTION 6. Section 11370.4 of the Health & Safety Code is amended to read:
11370.4. (a)--Afly- {1JA person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional state prison term as follows:
(l)\l/here
5

{A,lJfthe substance exceeds one kilogram by weight, the person shall receive an additional term of three years.
(2)Vlhere
(ll)_Jfthe substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
(3)\Vhere
{{;l]f.the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.
(4)'Nhere
{l2)_Jfthe substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.
(5)\Vhere
(Jj;)_Jfthe substance exceeds 40 kilograms by weight, the person shall receive an additional term of20 years.
(6)Where
{EJ.Jfthe substance exceeds 80 kilograms by weight, the person shall receive an additional term of25 years .
.Ql_ The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b) Aey-{J_)_A_ person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows:
(l)\\7here
{A,lJfthe substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
6

{JJ)_jf the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(3)Where
{QJf the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(4)\1/here
(J])_Jfthe substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.

Ql In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.
ill The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (c) (1) A person convicted ofa violation of or ofa conspiracy to violate. Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional state prison term as .follo-ws:
(A) Jfthe substance exceeds 28.35 grams (one ounce) by weight. the person shall receive an additional term of three years.
(B) If the substance exceeds 100 grams by weight, the person shall receive an additional term of five years.
(C) Jfthe substance exceeds 500 grams by weight, the person shall receive an additional term of seven years.
(D) Jfthe substance exceeds one kilogram by weight. the person shall receive an additional term ofJ0 years.
(E) If the substance exceeds four kilograms by weight. the person shall receive an additional term of] 3 years.
(F) If the substance exceeds 10 kilograms by weight. the person shall receive an additional term ofJ6 years.
(G) Jfthe substance exceeds 20 kilograms by weight. the person shall receive an additional term ofl9 years.
7

(H) If the substance exceeds 40 kilograms by weight. the person shall receive an additional term of22 years.
(I) If the substance exceeds 80 kilograms by weight. the person shall receive an additional term of25 years.
(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier olfact finds that the defendant conspirator was substantially involved in the planning, direction. execution. or financing of the underlying offense. fej @.The additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(e)Notwithstandingparagraph (9) o(subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this section who admits an enhancement pursuant to this section or for whom an enhancement pursuant to this section is .found true. is punishable by imprisonment in the state prison and not pursuant to subdivision (h) o{Section 1170 ofthe Penal Code.
fdj {tlThe additional terms provided in this section shall be in addition to any other punishment provided by law.

W ..(g2Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.

SECTION 7. Article 8 (commencing with Section 11395) is added to Chapter 6 of Division 10 of the Health & Safety Code, to read:
11395. (a) This section shall be known as the "Treatment-Mandated Felony. " (b) (1) Notwithstanding any other law, and except as provided in subdivision (d), a person described in subdivision (c) who possesses a hard drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
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(2) A person shall not be sentenced to jail or prison pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4) of subdivision (d) applies to that person. (c) Subdivision (b) applies to a person who has two or more prior convictions for a felony or misdemeanor violation of Sections 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353. 7, 11370.1, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11395, including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact.
(d) (l)(i) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a defendant charged with a violation of this section may elect treatment by pleading guilty or no contest to a violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the pronouncement of judgment, and agreeing to participate in, and complete, a detailed treatment program developed by a drug addiction expert and approved by the court. A defendant's plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph ( 4) for a violation of this section. (ii) Upon or subsequent to arraignment for a violation of this section, and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse and mental health evaluation of the defendant. The expert shall submit a report of the evaluation to the court and parties. The evaluation may be based on an interview of the defendant and/or other individuals with relevant knowledge and review of records the expert deems appropriate, such as medical records, criminal history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendants interview nor evidence derived from the interview may be used against the defendant at any subsequent trial for the instant offense except for the purposes of impeachment should the defendant testify inconsistently. The evaluation shall detail the defendants drug abuse and/or mental health issues, if any, so the court and parties may better determine appropriate handling of the defendants case.
(iii) Concurrent with the order for a substance abuse and mental health evaluation of the defendant, and with the defendants consent, the court shall also order that a case worker or other qualified individual determine whether the defendant is eligible to receive Medi-Cal, Medicare, or any other relevant benefits for any programs or evaluations under this section. If the defendant did not previously consent to an eligibility determination at arraignment, the court shall order the eligibility determination upon and as a condition of the defendants agreement to participate in and complete a treatment program as described in this subdivision. (2) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job training, and any other conditions related to treatment or a successful outcome for the defendant that the court finds appropriate. The court must hold regular hearings to review the progress of the defendant. The court shall make referrals to programs that provide services at no cost to the participant and have been deemed by the court, the drug addiction expert, and 9

the parties to be credible and effective. A defendant may also choose to pay for a program that is approved by the court.
(3) Upon the defendant's successful completion of the treatment program as specified in paragraph (2), the positive recommendation of the treatment program, and the motion of the defendant, prosecuting attorney, the court, or the probation department, the court shall dismiss this charge against the defendant and the provisions of Section 1000. 4 of the Penal Code, as it read on the effective date of this section, shall apply, including the provision that the arrest upon which the defendant was deferred shall be deemed to have never occurred A dismissal based on the successful completion of treatment shall not count as a conviction for any purpose, including for determining punishment pursuant to subdivision (b ). (4) If at any time it appears that the defendant is performing unsatisfactorily in the program, is not benefiting.from treatment, is not amenable to treatment, has refused treatment, or has been convicted of a crime that was committed since starting treatment, the prosecuting attorney, the court on its own, or the probation department may make a motion for entry of judgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered and the defendant sentenced Judgment shall be imposed and the defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when the defendant has been found to have been convicted of a crime that was committed since starting treatment, the court may re-refer the defendant to treatment if the court finds that it is in the interest of justice to do so, that the defendant is currently amenable to treatment, and if the defendant agrees to participate in, and complete, a treatment program as described in this section.
(5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits pursuant to Section 4019 of the Penal Code or any other provision. Time spent in any other type of program or counseling is not eligible for any credits.
(e) (I) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containingfentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section ''hard drug" does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision ( d) of Section 11055.
(I) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
10

(g) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 8. Section 490.3 is added to the Penal Code to read:
490. 3. Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft.

SECTION 9. Section 666.1 is added to the Penal Code to read:
666.1. (a)(]) Norn.Jithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
(2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Section 487, 487h, and in Chapter 5 of Title 13 of Part 1 of the Penal Code (commencing with Section 484).
(C) Theft from an elder or dependent adult, as described in Section 368. (D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Ca17·acking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496. (I) Shoplifting, as described in Section 459.5.
11

(J) Identity theft and mail theft, as described in Section 530.5. (b) A person subject to charging under this section or actually charged with this section may be referred by a prosecuting attorney's office or by a county probation department to a theft diversion or deferred entry ofjudgment program pursuant to Section 1001.81. lf appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
(d}This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 10. Section 12022 of the Penal Code is amended to read:
12022. (a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. (2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle. (b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years. (3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is 12

owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (c) ill Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment in the state prison pursuant to subdivision (h) of Section 1170 for three, four, or five years. (2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) ofSection 1170 ofthe Penal Code.
(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision ( c ), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.
( e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.
(t) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision ( c) or ( d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

SECTION 11. Section 12022.6 is added to the Penal Code to read:
12022. 6. (a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, as follows:
(1) Jfthe loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3) If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years.
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(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4). (b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 4 96, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. ( d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.65.

SECTION 12. Section 12022.65 is added to the Penal Code to read:
12022. 65. (a) Any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property, in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years. (b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(c) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022. 6.

SECTION 13. Section 12022.7 of the Penal Code is amended to read:
12022.7. (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to 14

become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, "paralysis" means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. ( c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
( d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years. ( e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years.

As used in this subdivision, "domestic violence" has the meaning provided in subdivision (b) of Section 13700.
(f) ill As used in this section, "great bodily injury" means a significant or substantial physical lllJUry.
(2) As used in this section. a person who sells. furnishes. administers. or gives away a controlled substance is deemed to have personally inflicted great bodily in;ury when the person to whom the substance was sold. furnished. administered. or given suffers a significant or substantial physical in;ury ftom using the substance.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452.

Subdivisions (a), (b ), ( c ), and ( d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under ei-thef subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.

SECTION 14. Chapter 36 (commencing with Section 7599.200) is added to Division 7 of Title 1 of the Government Code, to read:
7599.200. (a) This section shall be known as "Fundingfor the Homelessness, Drug Addiction, and Theft Reduction Act. "
15

(b) From monies disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this Act from any other source, including but not limited to the Local Revenue Fund 2011 established under Government Code Section 30025 and other such funds designated for substance abuse and mental health treatment.
(c) A defendant charged with a treatment-mandated felony is eligible for any appropriate MediCal or Medicare programs or services, including but not limited to those described in Government Code Section 30025 (f)(l 6)(B)(iii)-(v ), for the defendant's programs specified in Section 113 9 5 of the Health and Safety Code. A county or local government may contract directly with the State Department of Healthcare Services or any other applicable State agency to provide for the provision or administration of any applicable Medi-Cal or Medicare treatment programs.

SECTION 15. Amendments
(a) Except as provided in subdivision (b), this Act shall not be amended by the Legislature except by a statute that furthers the purposes, intent, findings, and declarations of the Act and is passed in each house by roll call vote entered in the journal, two-thirds of the membership of each house concurring, or by a statute that becomes effective only when approved by the voters. (b) The Legislature may, by majority vote, amend Section 11369 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of convictions to which it applies, and may, by majority vote, amend Section 11395 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of applicable prior convictions , and may, by majority vote, amend Section 666.1 of the Penal Code only to expand the list of applicable prior convictions.

SECTION 16. Severability
If any provision of this Act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications of provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.

SECTION 17. Conflicting Initiatives
(a) This Act creates a new drug treatment statute and changes the penalties for career and serial thieves. In the event that this Act and another initiative measure or measures relating to the same subject appear on the same statewide ballot, the provisions of the other measure or measures 16

shall be deemed to be in conflict with this measure. In the event this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. 17

Senate Committee on Public Safety
Hon. Aisha Wahab, Chair
Assembly Committee on Public Safety
Hon. Kevin McCarty, Chair
PRESENTED TO:

LEGISLATIVE ANALYST’S OFFICE
Proposition 36: Allows Felony Charges
and Increases Sentences for Certain Drug
and Theft Crimes. Initiative Statute.

SEPTEMBER 10, 2024

LEGISLATIVE ANALYST’S OFFICE 1
LAO Role in the Initiative Process
Fiscal Analysis Prior to Signature Collection
„ State law requires our office to work with the Department of Finance to prepare a joint impartial fiscal analysis of each initiative before it can be circulated for signatures. State law requires that this analysis provide an estimate of the measure’s fiscal impact on the state and local governments.
„ A summary of the estimated fiscal impact is included on petitions that are circulated for signatures.

Analyses for Qualified Measures
„ State law requires our office to provide impartial analyses of all statewide ballot propositions for the statewide voter information guide. This analysis includes a description of the proposition and its fiscal effects.

LEGISLATIVE ANALYST’S OFFICE 2
Background
Punishment Depends on Seriousness of Crime and Criminal History
„ Punishment for Felonies. People can be sentenced to county jail or state prison for felonies, depending on the crime and their criminal history. In some cases, people can be supervised in the community by a county probation officer instead of serving some or all of their sentence in jail or prison. This is called county community supervision. The length of a sentence mostly depends on the crime.

Sentences can also be lengthened due to details of the crime. „ Punishment for Misdemeanors. People can be sentenced to county jail, county community supervision, and/or a fine for misdemeanors.

Sentences can be up to one year in jail.

Proposition 47 Reduced Punishments for Some Theft and Drug Crimes
„ In 2014, Proposition 47 changed some theft and drug crimes from felonies to misdemeanors. For example, shoplifting (stealing items worth $950 or less from a store) and drug possession generally became misdemeanors.

LEGISLATIVE ANALYST’S OFFICE 3
Proposal
Increases Punishment for Some Theft and Drug Crimes
„ Turns Some Misdemeanors Into Felonies. For example, currently, theft of items worth $950 or less is generally a misdemeanor.

Proposition 36 makes this crime a felony if the person has two or more past convictions for certain theft crimes (such as shoplifting, burglary, or carjacking). The sentence would be up to three years in county jail or state prison. These changes undo some of the punishment reductions in Proposition 47.
„ Lengthens Some Felony Sentences. For example, Proposition 36 allows felony sentences for theft or damage of property to be lengthened by up to three years if three or more people committed the crime together.
„ Requires Some Felonies Be Served in Prison. For example, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold.

Currently, these sentences are served in county jail or state prison depending on the person’s criminal history. Proposition 36 generally requires these sentences be served in prison.

Creates New Court Process for Some Drug Possession Crimes „ Allows people who possess illegal drugs to be charged with a “treatment-mandated felony” instead of a misdemeanor if they (1) possess certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) and (2) have two or more past convictions for some drug crimes (such as possessing or selling drugs). „ These people would generally get treatment, such as mental health or drug treatment. Those who finish treatment would have their charges dismissed. Those who do not finish treatment could serve up to three years in state prison.
„ This change undoes some of the punishment reductions in Proposition 47.

LEGISLATIVE ANALYST’S OFFICE 4
(Continued)
Requires Warning of Possible Murder Charges for Selling or Providing Drugs
„ Requires courts to warn people that they could be charged with murder if they sell or provide illegal drugs that kill someone.

This warning would be given to people convicted of selling or providing certain drugs (such as fentanyl, heroin, cocaine, and methamphetamine). This could make it more likely for them to be convicted of murder if they later sell or provide illegal drugs to someone who dies.

Proposal

LEGISLATIVE ANALYST’S OFFICE 5
Fiscal Effects
Increases State Criminal Justice Costs
„ Increase in State Prison Population. It would require some people who now serve their sentences at the county level to serve them in state prison. Also, it lengthens some prison sentences. In total, the prison population could increase by around a few thousand people. (There are about 90,000 people in prison now.)
„ Increase in State Court Workload. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would increase court workload. „ Total Increase in State Criminal Justice Cost. In total, Proposition 36 would increase state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually.

Increases Local Criminal Justice Costs
„ Net Increase in County Jail and Community Supervision Population. In some ways, Proposition 36 would reduce the jail and community supervision population. This is because some people would go to state prison instead of the county level. In other ways, it would increase this population. This is because some people would spend more time in county jail or on community supervision. Overall, Proposition 36 likely would increase the county population. This increase could be around a few thousand people. (There are about 250,000 people at the county level now.)
„ Increase in Local Court-Related Workload. It would also increase workload for local prosecutors and public defenders. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would create workload for some county agencies (such as probation or behavioral health departments). „ Total Increase in Local Criminal Justice Cost. In total, Proposition 36 would increase local criminal justice costs, likely by tens of millions of dollars annually.

LEGISLATIVE ANALYST’S OFFICE 6
(Continued)
Reduces Amount State Must Spend on Certain Services
„ Proposition 47 Savings Must Be Spent on Certain Services.

Proposition 47 created a process in which the estimated state savings from its punishment reductions must be spent on mental health and drug treatment, school truancy and dropout prevention, and victim services. These estimated savings totaled $95 million last year.
„ Reduction in Savings Would Reduce Required Spending. By undoing parts of Proposition 47, Proposition 36 reduces the state savings from Proposition 47. This would reduce the amount the state must spend on mental health and drug treatment, school truancy and dropout prevention, and victim services. This reduction likely would be in the low tens of millions of dollars annually.

Fiscal Effects

1 SPECIAL CITY COUNCIL MINUTES
September 10, 2024, 5:30 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 5:33 p.m.

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

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

C. PUBLIC COMMENTS
Danny Dohrmann provided comments regarding item. D.2.

Brittney, Ashley D., Heather Silfies, Monica, J. Walker, Sonia, and Beth Baldwin provided comments regarding item D.1.

D. RECESS TO CLOSED SESSION
It was moved/seconded by Mendoza/Pierson to recess to closed session at 6:01 p.m.

D.1 CONFERENCE WITH LABOR NEGOTIATORS
D.2 CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION E. ADJOURNMENT

CITY COUNCIL AGENDA ITEM NO. H.1
09/24/2024
SUBJECT: Approve the Final Engineer’s Report, confirm and order the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside), and amend Vesting Tentative Subdivision Map VTSM 9610 to clarify stormwater treatment maintenance responsibilities
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Aaron Wanden, Park Maintenance Manager

TITLE/RECOMMENDATION
Hold the Public Hearing relating to the:

1. Formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside). Confirm the formation with a simple majority property owner approval, weighted by assessment amount. Adopt a Resolution ordering the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside); ordering improvements and confirming the diagram and assessments as shown in the Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) Fiscal year 2024-25 Final Engineer’s Report in accordance with provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition 218; and

2. An amendment to Vesting Tentative Subdivision Map VTSM 9610 to clarify stormwater treatment maintenance responsibilities. Adopt a Resolution amending VTSM 9610 for this limited purpose.

On July 22, 2014, the City Council certified an Environmental Impact Report (EIR) that was prepared and certified as part of the Brentwood General Plan (State Clearinghouse # 2014022058) in accordance with the California Environmental Quality Act (CEQA). Pursuant to CEQA Section 15183, the project is consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report has been certified. Therefore, no further environmental analysis is required as these actions are consistent with the General Plan.

CITY COUNCIL AGENDA ITEM NO. H.1
09/24/2024

FISCAL IMPACT
Upon build-out, the City will have authorization to collect the maximum annual assessment revenue of approximately $87,304 (in Fiscal Year 2024-25 dollars) from the residential parcels within the Trumark Trailside project. This maximum annual assessment revenue will be increased each fiscal year based upon the prior year’s change in the San Francisco Bay Area Urban Wage Earners Consumer Price Index or 2%, whichever is greater, and will fund the special benefit portion of the maintenance, operation, servicing, replacement, and administration expenses associated with City improvements that benefit the project. The annual general benefit portion of these costs of approximately $3,588 will be funded by the General Fund.

To ensure the Landscape & Lighting Assessment Districts are self-supporting, each district has an administrative cost factored into the maximum assessment rate during formation to cover creation of annual Engineer’s Reports and levying of assessments.

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

BACKGROUND
Lighting and Landscaping District
Trumark Trailside, located north of Sand Creek Road and west of Fairview Avenue, will consist of 57 single-family homes and six duets at build-out. The project is conditioned to provide a funding mechanism to offset the annual operation, maintenance, and future capital replacement costs attributed to City streetlights, landscaping, open space areas, trails, and park improvements that benefit the properties located within the project.

The Landscaping and Lighting Act of 1972 and Proposition 218 require that an Engineer’s Report be generated for the formation of any new assessment district or any annexations into existing assessment districts. The Engineer’s Report identifies public improvements to be maintained, as well as the maximum annual assessment rates to be levied on properties benefiting from these improvements. The assessment rates may or may not change each fiscal year, dependent on the maintenance budget, but cannot exceed the maximum annual assessment amount set when the assessment district was originally formed, plus an annual cost of living adjustment.

This report will set the maximum annual assessment rate for the new assessment district being proposed.

CITY COUNCIL AGENDA ITEM NO. H.1
09/24/2024
On July 23, 2024, City Council adopted Resolution No. 2024-78, initiating and declaring the intention to order the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) to fund the maintenance of City streetlights, landscaping, open space areas, trails, and park improvements benefitting properties within the Trumark Trailside project. The Engineer’s Report for Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) preliminarily approved at the July 23rd City Council meeting did not include maintenance of Parcel B within the Trumark Trailside project. Following the July 23rd City Council meeting, it was confirmed that Parcel B will be dedicated to the City and its landscape maintenance will be a City responsibility. Therefore, the Engineer’s Report, maximum assessment rate, and general benefit portion for Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) have been revised to include the future maintenance of Parcel B for final approval this evening.

The Landscaping and Lighting Act of 1972 and Proposition 218 require that all formations of assessment districts receive approval, from the affected property owner(s), and a Public Hearing be held, prior to final approval from City Council. In accordance with these requirements, a notice and ballot regarding the formation of this assessment district was mailed to the property owner, TH Apricot Way Brentwood LLC, in accordance with Proposition 218. The notice and ballot contained detailed information about the Landscape & Lighting Assessment District including but not limited to, improvements to be maintained, and the maximum annual assessment amount.

At the close of the public input portion of the Public Hearing, the Interim City Clerk (or her designee) will tabulate all ballots received. This information will be presented to the City Council during the meeting.

Following the tabulation of the ballots and determining the results, if there is no majority protest, the Council will be presented with the attached Resolution approving the Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) Fiscal Year 2024-25 Final Engineer’s Report and ordering the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside).

Subdivision map amendment
The City Council is also asked to consider a revision to Resolution No. 2023-99, which approved the Vesting Tentative Subdivision Map for the Trumark Trailside project.

The resolution inadvertently included two conditions of approval that addressed the maintenance responsibilities for the project’s stormwater treatment. The first (number 21(b)) correctly identified that the project would be required to form or annex into a landscape and lighting assessment district to maintain City

CITY COUNCIL AGENDA ITEM NO. H.1
09/24/2024
improvements on the project site. The second (number 21(d)) erroneously stated that the project would need to form a homeowners association to maintain one of these improvements (the stormwater treatment area).

Staff recommends correcting this oversight by revising the conditions of approval to strike the condition number 21(d):

Permittee shall provide for an adequate private funding mechanism for the perpetual maintenance of all stormwater NPDES treatment areas and other similar clean water facilities to the satisfaction of the City Engineer.

Permittee shall dedicate parcels with said facilities to a Homeowners Association or similar private entity in fee.

A resolution bearing this correction is included with this agenda item.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
August 30, 2024

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. Do not approve staff’s recommendation as to formation of Landscape & Lighting Assessment District No. 24-2. Not approving this action will result in the inability of the City to levy assessments in Fiscal Year 2024/25 to fund the operation, maintenance, and replacement of public improvements associated with the Landscape and Lighting Assessment District No. 24-2 (Trumark Trailside), and result in a significant obligation of the General Fund.

CITY COUNCIL AGENDA ITEM NO. H.1
09/24/2024

2. Do not approve the revision to VTSM 9610. This would result in leaving two conflicting conditions of approval on the subdivision map.

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

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

ATTACHMENT(S)

1. Previous Action

2. Resolution – LLAD

3. Resolution – VTSM 9610-A1

4. Final Engineer’s Report – LLAD No. 24-2 (Trumark Trailside)

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

Actions were taken in previous years to form the City’s 67 existing Landscape & Lighting Assessment Districts.

On March 23, 2021, by Resolution No. 2021-32, the City Council adopted a resolution approving and authorizing the City Manager or his/her designee to execute a Professional Services Agreement with Francisco for a two-year term, in an amount not to exceed $229,900 per agreement year for assessment engineering services for Fiscal Years 2021/22 and 2022/23. In addition, the two-year agreement included an option to extend the agreement for two additional one-year terms.

On March 14, 2023, by Resolution No. 2023-25, the City Council adopted a resolution approving and authorizing the City Manager or designee to execute an amendment to extend the agreement for Fiscal Year 2023/24, for the first of the two allowable optional one-year terms in an amount not to exceed $229,900.

On March 26, 2024, by Resolution No. 2024-29, the City Council adopted a resolution approving and authorizing the City Manager or designee to execute an amendment to extend the agreement for Fiscal Year 2024/25, for the second of the two allowable optional one-year terms in an amount not to exceed $229,900.

On July 23, 2024, by Resolution No. 2024-78, the City Council declared its intention to 1) order the formation of, 2) levy and collect assessments for, 3) identify improvements to be maintained by Landscape & Lighting Assessment District No. 24- 2 (Trumark Trailside) for Fiscal Year 2024-25 and 4) set September 10, 2024, as the Public Hearing date pursuant to the Landscaping and Lighting Act of 1972 and Proposition 218.

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING THE FINAL ENGINEER’S REPORT AND
MAKING CERTAIN FINDINGS RELATED TO THE REPORT;

ORDERING THE FORMATION OF LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT NO. 24-2 (TRUMARK TRAILSIDE);
ORDERING IMPROVEMENTS; AND CONFIRMING THE DIAGRAM

AND ASSESSMENTS AS SHOWN IN THE FORMATION OF
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-2
(TRUMARK TRAILSIDE) FISCAL YEAR 2024-25 FINAL
ENGINEER’S REPORT PURSUANT TO THE STREETS AND
HIGHWAYS CODE “LANDSCAPING AND LIGHTING ACT OF 1972”
AND PROPOSITION 218.

WHEREAS, as required by Section 22585 of the California Streets and Highways Code, the City Council of the City of Brentwood, by Resolution No. 2024- 78 initiated the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) and the Engineer of Work has filed a report describing the improvements and proposed assessment district; and
WHEREAS, in accordance with Section 22587 of the California Streets and Highways Code, the City Council by Resolution No. 2024-78 declared the intent to form Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) and the intent to levy and collect assessments, in addition to setting a date of September 10, 2024 for a Public Hearing on the matter; and
WHEREAS, as required by Proposition 218 and in accordance with the requirements of Section 22588 of the California Streets and Highways Code, notices and ballots have been mailed to each affected property owner, identifying the improvements and assessments; and
WHEREAS, on September 24, 2024, City Council conducted a Public Hearing and gave any interested person an opportunity to protest the assessments, the formation of, and the Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) Fiscal Year 2024-25 Final Engineer’s Report, either in writing or orally, and determined that a majority protest had not been filed against the formation of the Landscape & Lighting Assessment District; and
WHEREAS, the amount of the assessments represented by the property owner assessment ballots submitted in favor of formation of Landscape & Lighting District No. 24-2 (Trumark Trailside) was greater than those submitted against the assessment as shown on Exhibit “A” attached.

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

1. The preceding recitals are true and correct and material to the adoption of this Resolution.

2. The City Council has carefully reviewed and examined the Final Engineer’s Report in connection with Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) and hereby approves it as submitted (or as amended, if applicable) and finds and determines that:
a. The territory of land within the District will receive special benefits from the operation, maintenance, and servicing of the lights, landscaping, open space areas, trails, parks and appurtenant facilities and improvements related thereto; b. The District includes all of the lands so benefitted; and c. The maximum amount to be assessed upon the lands within the Landscape & Lighting Assessment District, in accordance with the build-out budget for Fiscal Year 2024-25 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services and is satisfied that the assessments are levied without regard to property valuation.

3. The City Council hereby orders the improvements to be maintained and serviced, orders the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside), and confirms and approves the diagram, the maximum assessments, and the Fiscal Year 2024-25 assessments as shown in the Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) Fiscal Year 2024-25 Final Engineer’s Report.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 24th day of September 2024 by the following vote:

EXHIBIT A

CERTIFICATE OF MAILED BALLOT RESULTS

FOR THE FORMATION OF LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT NO. 24-2 (TRUMARK TRAILSIDE)
September 24, 2024
I, Amanda McVey, Interim City Clerk of the City of Brentwood, hereby certify the results of the mailed ballot election held on September 24, 2024 to be as follows:

Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside) TOTAL ASSESSMENT AMOUNT CAST “YES”: _______________
TOTAL ASSESSMENT AMOUNT CAST “NO”: _______________
TOTAL ASSESSMENT AMOUNT CAST:_______________
THE ASSESSMENT AMOUNT CAST “YES” EQUAL ______________% OF THE TOTAL ASSESSMENT AMOUNT CAST.

Dated: September 24, 2024

CITY OF BRENTWOOD
By:

Amanda McVey
Interim City Clerk of the City of Brentwood

CITY COUNCIL RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AMENDING A VESTING TENTATIVE SUBDIVISION
MAP (VTSM 9610-A1) TO ALLOW THE SUBDIVISION OF TWO
PARCELS TOTALING 20.90 ACRES INTO 63 SINGLE-FAMILY

RESIDENTIAL LOTS, ONE BIO-RETENTION BASIN, ONE OPEN

SPACE LOT ADJACENT TO SAND CREEK, AND OTHER RELATED
IMPROVEMENTS FOR TRUMARK TRAILSIDE, LOCATED AT 1777
APRICOT WAY (APNS 019-092-013 AND 019-092-034) AND

MAKING CEQA FINDINGS OF EXEMPTION PURSUANT TO STATE
CEQA GUIDELINES SECTION 15183.

WHEREAS, Trumark Homes (the “Permittee”) has requested that the City approve a vesting tentative subdivision map (VTSM 9610) for two parcels totaling

20.92 acres into 63 single-family residential lots, one bio-retention basin, one open space lot adjacent to Sand Creek, and other related improvements; and WHEREAS, the Permittee concurrently submitted a request for design review approval (DR 22-006); and
WHEREAS, collectively, VTSM 9610 and DR 22-006 set forth above constitute the “Project;” and
WHEREAS, the Project is proposed to be located on a 20.90-acre site located on two parcels at 1777 Apricot Way (APNs 019-092-013 and 019-092-034) (the “Project Site”); and
WHEREAS, the City referred the Project to various departments and agencies for review and recommendations; and
WHEREAS, on July 22, 2014, the City Council certified an Environmental Impact Report (EIR) that was prepared and certified as part of the Brentwood General Plan (SCH# 2014022058) in accordance with the California Environmental Quality Act (“CEQA”), codified at Public Resources Code §§ 15000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR 21000, et seq. Cumulative impacts associated with full development and buildout at a density consistent with the mid-range within the R-LD range of 1.1 to 5.0 units per acre, including the proposed project site, were fully addressed in the EIR; and WHEREAS, the Project is consistent with the General Plan and General Plan EIR and would not result in any Project-specific significant effects to the environment, and is therefore determined to be exempt per California Environmental Quality Act Section 15183 (‘Consistent with Community Plan, General Plan, and Zoning Code’); and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood

Attachment 3

2 Press on June 9, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe for the June 20, 2023 Planning Commission hearing; and WHEREAS, on June 20, 2023, the Planning Commission held a public hearing, reviewed said Project, studied the compatibility of this request with adjacent land uses, and considered this request, as well as considered the staff report, all accompanying information, and testimony received from the Applicant and other interested parties; and
WHEREAS, on June 20, 2023, the Planning Commission approved the requested vesting tentative subdivision map (VTSM 9610), by Planning Commission Resolution No. 23-024; and
WHEREAS, on June 29, 2023, City Council member Jovita Mendoza timely filed a Call for Review of the Planning Commission’s action approving VTSM 9610 and DR 22-006; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site and published it in the Brentwood Press on July 28, 2023, in accordance with City policies and Government Code Section 65090, and a public hearing notice sign was posted on the site during this same timeframe; and
WHEREAS, the City Council considered the call for review of the Project at its regular meeting of August 8, 2023, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties; and
WHEREAS, at its August 8, 2023 meeting, the City Council adopted Resolution No. 2023-99, approving VTSM 9610; and
WHEREAS, on September 24, 2024, the City Council considered a review of VTSM 9610 for the limited purpose of clarifying the conditions of approval attached thereto and incorporated therein pertaining to the maintenance of stormwater treatment areas; and
WHEREAS, on September 24, 2024, the City Council considered this limited revision to VTSM 9610, and considered the staff report, all accompanying information, and testimony received from the Permittee and other interested parties.

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

A. Hereby restates and incorporates in full the findings set forth in Resolution No. 2023-99.

Attachment 3

3 B. Modifies Condition 21(d), as set forth in Exhibit ‘A’ to Resolution No. 2023- 99, to read as follows (deleted text struckthrough; new text underlined):

Permittee shall provide for an adequate private funding mechanism for the perpetual maintenance of all stormwater NPDES treatment areas and other similar clean water facilities to the satisfaction of the City Engineer. Permittee shall dedicate parcels with said facilities to a Homeowners Association or similar private entity in fee Reserved.

C. Finds that the remainder of Resolution No. 2023-99 shall remain in full force and effect except as modified above.

ADOPTED by the City Council of the City of Brentwood at its regular meeting on September 24, 2024, by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:
______________________________
Joel R. Bryant
Mayor
ATTEST:
__________________________________
Amanda McVey
Interim City Clerk

Landscaping and LighƟng
Assessment District 24‐2
Trumark Trailside
Fiscal Year 2024‐25
Final Engineer’s Report
September 10, 2024

Formation of LLAD No. 24-2 (Trumark Trailside)
Engineer’s Report Fiscal Year 2024-25 TABLE OF CONTENTS i
Page No.

City Directory.........................................................................................................ii Certificates............................................................................................................iii SECTION I Introduction .................................................................................... 1 SECTION II Impacts of Proposition 218............................................................. .3 SECTION III Engineer’s Report ........................................................................... 5 Part A - Plans and Specifications............................................................... 7 Part B - Estimate of Cost ........................................................................... 9 Part C - Assessment District Diagram...................................................... 11 Part D - Method of Apportionment of Assessment................................... 13 Part E - Property Owner List & Assessment Roll ..................................... 28 Appendix A – Maximum Assessment Roll .........................................................A-1 Appendix B – Benefit Boundary Diagrams ........................................................B-1

Formation of LLAD No. 24-2 (Trumark Trailside)
Engineer’s Report Fiscal Year 2024-25 CITY DIRECTORY
ii

CITY OF BRENTWOOD

FORMATION OF LANDSCAPE & LIGHTING
ASSESSMENT DISTRICT No. 24-2
(TRUMARK TRAILSIDE)
FISCAL YEAR 2024-25

CITY COUNCIL MEMBERS AND CITY STAFF
Joel R. Bryant
Mayor
Susannah Meyer Jovita Mendoza
Vice Mayor Council Member
Pa'tanisha Pierson Tony Oerlemans
Council Member Council Member
Tim Ogden
City Manager
Allen Baquilar
City Engineer
Kerry Breen
Director of Finance & Information Systems
Amanda McVey
Acting City Clerk
Bruce Mulder
Director of Parks & Recreation
Francisco & Associates
Assessment Engineer

Formation of LLAD No. 24-2 (Trumark Trailside)
Engineer’s Report Fiscal Year 2024-25 CERTIFICATES
iii

ENGINEER'S REPORT

CITY OF BRENTWOOD
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-2 (TRUMARK TRAILSIDE)
FISCAL YEAR 2024-25
The undersigned, acting on behalf of Francisco & Associates, respectfully submits the enclosed Engineer’s Report as directed by the City of Brentwood City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution and provisions of the Landscaping and Lighting Act of 1972 commencing with Section 22500 et. seq. of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: August 15, 2024 By:

Eduardo Espinoza, P.E.

CE No. 83709
I HEREBY CERTIFY that the Engineer’s Report, together with the Assessment Roll and Assessment District Diagram thereto attached was filed with me on the ___________ day of _________, 2024.

Amanda McVey, Acting City Clerk
City of Brentwood
Contra Costa County, California
By:

I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment District Diagram thereto attached, was approved and confirmed by the City Council of the City of Brentwood, Contra Costa County, California, on the ____ ________day of ________, 2024.

Amanda McVey, Acting City Clerk
City of Brentwood
Contra Costa County, California
By:

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION I Engineer’s Report Fiscal Year 2024-25 INTRODUCTION
1 SECTION I

INTRODUCTION
ENGINEER’S REPORT
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-2 (TRUMARK TRAILSIDE)
FISCAL YEAR 2024-25
To ensure the proper flow of funds for the ongoing operation, maintenance, servicing and replacement of specific improvements within the City of Brentwood (the “City”), the City Council, through the Landscaping and Lighting Act of 1972, has previously approved the formation of sixty-seven (67) Landscape & Lighting Assessment Districts (LLADs) and is currently proposing the formation of one (1) additional LLAD, which is the purpose of this Report. Improvements, which may be operated, maintained, serviced, and replaced by the LLADs, include, but are not limited to, landscaping, park, streetlighting, and trail improvements.

Generally, as a part of the conditions of approval to develop property within the City, property owners/developers are required to mitigate their project’s financial impact to the City. Developers can provide their own financing mechanism to mitigate their impacts or they can form a new LLAD or when applicable, annex into an existing LLAD. The formation of these LLADs ensure that the operation, maintenance, servicing, and replacement costs of these improvements are specifically paid for by those property owners who directly benefit from the improvements.

LLAD No. 24-2 (the “District”) will include the Trumark Trailside development which is located north of Sand Creek Road and west of Fairview Avenue. The Trumark Trailside development will consist of 57 single-family homes and six duets at build-out. In order to form the District, it will require approval from the District property owner(s), prior to final approval from City Council. This process is discussed in Section II, ‘Impacts of Proposition 218’ of this Report.

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

The City of Brentwood will hold a public hearing on September 10, 2024, regarding the formation of the District. At the public hearing the City will provide an opportunity for any interested person to be heard. After the public input portion of the public hearing, the City Clerk will tabulate the assessment ballots. If the assessment ballot tabulation is favorable, the City Council may adopt a resolution forming the District and confirming the maximum assessment rates as originally proposed or as modified.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION I Engineer’s Report Fiscal Year 2024-25 INTRODUCTION
2 Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION II Engineer’s Report Fiscal Year 2024-25 PROPOSITION 218
3 SECTION II
IMPACT OF PROPOSITION 218
FORMATION OF LIGHTING & LANDSCAPE ASSESSMENT DISTRICT No. 24-2 (TRUMARK TRAILSIDE)
FISCAL YEAR 2024-25
On November 5, 1996, California voters approved Proposition 218 entitled "Right to Vote On Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.

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

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

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION II Engineer’s Report Fiscal Year 2024-25 PROPOSITION 218
4 commercial, industrial and institutional activities. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

All property owners will be noticed in accordance with Proposition 218 a minimum of 45 days prior to the public hearing, unless a shorter notice period is agreed to by all affected property owners. After the public hearing and after the ballots have been tabulated, if a majority of the weighted ballots are in favor of the assessment, then the City Council may adopt a resolution forming the District and confirming the maximum assessment rate.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 ENGINEER'S REPORT 5 SECTION III

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

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), Proposition 218 and in accordance with the Resolution of Intention accepting the Preliminary Engineer’s Report, adopted by the City Council of the City of Brentwood, on July 23, 2024, and in connection with the proceedings for:

CITY OF BRENTWOOD
FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 24-2 (TRUMARK TRAILSIDE)
FISCAL YEAR 2024-25
Herein after referred to as the “District", I, Eduardo Espinoza, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of five (5) parts as follows:

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

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

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

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 ENGINEER'S REPORT 6 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part contains the method of apportionment of assessments, based upon parcel classification of land within the District, in proportion to the estimated benefits to be received.

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

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART A
7 PART A

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

The operation, maintenance, servicing and replacement of streetlighting, landscaping, walls, monuments, trails, parks, open space areas, and associated facilities including but not limited to; personnel, electrical energy, utilities such as water, materials, contractual services, and other items necessary for the satisfactory operation, maintenance, servicing and replacement of the facilities as described below.

Streetlighting Facilities Along Arterial and Major Roadways Median and roadside street lights located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Boundary Diagram (Appendix page B-2) and described in Table 2 of this Report consist of, but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, utilities and other appurtenant facilities within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Landscaping Facilities Along Arterial and Major Roadways Median and roadside landscaping facilities located along arterial and major roadways as shown on the Arterial and Major Roadway Benefit Boundary Diagram (Appendix page B2) and described in Table 3 of this Report consist of, but are not limited to landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, fences, utilities, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Parks Facilities
Community and neighborhood parks and open space facilities as shown on the Parks Benefit Boundary Diagram (Appendix page B-3) and described in Table 4 of this Report consist of, but are not limited to parks, open space, drainage areas, creeks, ponds, pathways, landscaping, trees, shrubbery, sidewalks, tot lots, park equipment, playgrounds, fences, etc. including the removal of trash and debris, and other appurtenant facilities within the public park areas, public rights-of-way, and easements benefitting parcels within the boundaries of the District.

In-Tract Streetlighting Facilities
In-tract streetlights located along in-tract roadways of the District are shown on the InTract Benefit Boundary Diagram (Appendix page B-4) and described in Table 5 of this

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART A
8 Report consist of, but are not limited to poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, utilities and other appurtenant facilities within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

In-Tract Landscaping Facilities
In-tract landscaping facilities located within or adjacent to the District are shown on the In-Tract Benefit Boundary Diagram (Appendix page B-4) and described in Table 6 of this Report consist of, but are not limited to landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, walls, monuments, fences, utilities, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements benefitting parcels within the boundaries of the District.

Trail Facilities
Maintenance of trail facilities as shown on the Trail Benefit Diagram (Appendix page B-5) and described in Table 7 of this report consist of, but are not limited to: operation, maintenance, servicing, and replacement of open space areas, trails, etc. including landscaping, irrigation, hardscapes, pathway materials, removal of trash and debris, and other appurtenant facilities within the public rights-of-way and easements that benefit parcels within the boundaries of the District.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART B
9 PART B

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

Incidental expenses including administration of the LLADs, engineering fees, legal fees and all other associated costs of the District can also be included.

Table No. 1 on the following page shows the total operation, maintenance, servicing, and replacement budgets upon completion of all improvements which could be assessed against the benefiting parcels within the District in FY 2024-25 dollars.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART B
10 Revenues collected from the assessment shall be used only for the purposes as stated herein. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year.

FY 2024-25 LLAD Other Other Non- General
Improvement Type Cost No. 24-2 LLAD Parcels 1 LLAD Parcels 2 Benefit 3 Arterial Streetlighting $412,637.59 $988.31 $315,560.10 $84,500.51 $11,588.67 Arterial Landscaping $4,417,302.28 $11,969.13 $3,821,674.31 $511,682.93 $71,975.91 Community and Neighborhood Parks $9,260,167.53 $13,860.88 $7,903,110.85 $1,028,493.98 $314,701.82 In-Tract Streetlighting4 $5,550.00 $5,439.00 N/A N/A $111.00 In-Tract Landscaping4 $28,147.01 $27,584.07 N/A N/A $562.94 Trail Landscaping $1,113,292.39 $10,950.69 $896,746.48 $127,664.75 $77,930.47 Maintenance Subtotal $15,237,096.80 $70,792.08 $12,937,091.74 $1,752,342.17 $476,870.81 Local In-Tract Reserves
Capital Reserves5 $8,424.23 $8,255.74 N/A N/A $168.49
Operating Reserves/Contingency5 $8,424.23 $8,255.74 N/A N/A $168.49 Reserves Subtotal $16,848.46 $16,511.48 N/A N/A $336.98 Total $15,253,945.26 $87,303.56 $12,937,091.74 $1,752,342.17 $477,207.79 1 This represents the special benefit amounts allocated to parcels located within other existing City of Brentwood LLADs. These amounts will be paid for by parcels located within those LLADs. 2 This represents the special benefit amounts allocated to parcels not located within existing City of Brentwood LLADs. These amounts will be funded by the City's General Fund or by some other non-LLAD funds until new development occurs on these parcels. 3 General Benefit will be funded by the City's General Fund or by some other non-LLAD funds. 4 Incidental costs such as County Collection Fees, Assessment Engineering, and City Administration costs have been applied exclusively to in-tract improvements and are included in the cost estimate shown for In-Tract Street Lighting and In-Tract Landscaping. 5 The Operating and Capital Reserves shown above only apply to In-Tract Improvements. Since the City transfers funds to LLAD No. 24-2 on July 1, there is no need to collect operating reserves from Other Non-District Parcels and the General Fund.

Table No. 1 - LLAD No. 24-2 Cost Estimate (FY 2024-25 Dollars) Special Benefit

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART C
11 PART C

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

A reduced copy of the Assessment Diagram for the District is included on the following page.

City of Brentwood
LLAD No. 24-2 (Trumark Trailside) Assessment Diagram
Legend
LLAD 24-2 Boundary
Parcel Lines
±
150 75 0 150 300
Feet
APN
019-092-013
APN
019-092-034

ASHBOURNE PL

BRAMPTON PL

MONTCLAIR PL

STRATHAVEN PL

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
13 PART D

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

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

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

The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. Additionally, it’s required that the City separate the general benefits from the special benefits, because only special benefits may be assessed.

ASSESSMENT METHODOLOGY
The operation, maintenance, servicing, and replacement costs for the landscaping, streetlighting, parks, open space areas, and trail facilities are apportioned in accordance with a methodology that is consistent with standard assessment engineering practices.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
14 Since the assessments are levied on the owners of properties as shown on the secured property tax rolls, the final assessments must be assigned by Assessor's Parcel Number.

If assessments were to be allocated by parcel, not considering land use, benefit would not be allocated accurately, because a single-family parcel would be paying the same as a 50-unit apartment parcel or a large commercial establishment. Therefore, as previously stated, the total assessment costs are allocated to each parcel of land based on the benefit received by each parcel. The assessment methodology is based on Equivalent Dwelling Units (EDUs) as discussed below.

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

Condominium, Duet, Townhome and Mobile Home Parcels - Condominiums, duets, townhomes, and mobile homes on average have approximately 75% of the building square footage compared to a single-family home. Furthermore, studies consistently show that these types of residential products impact public infrastructure approximately 75% as much as a single-family residential parcel. Therefore, all condominium, townhome and mobile home parcels are assessed 0.75 EDUs per parcel.

Multi-Family Residential Units - Multi-family residential units on average have approximately 50% of the building square footage compared to a single-family home.

Furthermore, studies consistently show that multi-family residential units impact public infrastructure approximately 50% as much as a single-family home. Therefore, all multifamily parcels are assessed 0.50 EDUs per unit.

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

Therefore, EDUs assigned to non-residential property are assessed three (3) EDUs per acre of land because they have been discounted by 50% to account for the differences in benefit from improvements conferred on residential and non-residential property.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
15 Undeveloped Parcels – All undeveloped properties are assessed at 25% of the developed EDUs assigned for each parcel of land based on the properties land use classification.

Undeveloped properties benefit less from the improvements than developed property because undeveloped properties do not have structures which house residents or utilize employees. However, the improvements funded by the City’s LLADs do benefit undeveloped property because improvements have already been installed that allows for development to occur and to use the improvements immediately upon the initiation of development making the property more attractive. Based on this information, it is reasonable to assume that undeveloped property benefits less than developed property.

To determine the difference in special benefit conferred on developed and undeveloped property, the Contra Costa County Assessor’s assessed values for property within the City were reviewed to determine what percentage of assessed value is typically associated with the underlying land and what percentage is typically associated with the structure. Based upon the review, it was determined that approximately 25% of the assessed value of developed property in the City is associated with the underlying land.

Based on the comparison of benefits of developed property to undeveloped property it is reasonable to assess the undeveloped property at 25% of the rate for developed property.

Therefore, EDUs assigned to undeveloped residential and non-residential property have been discounted by 75% to account for the differences in benefit from improvements conferred on developed and undeveloped property.

Exempt Parcels - Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways (all of which are typically not assigned an APN by the County), and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities (such as office buildings like a City Hall, etc.). Also exempted from the assessment would be utility rights-of-ways, common areas (such as in condominium complexes), and any other property that is deemed to be unable to develop by the City. These types of parcels do not benefit from the improvements. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

Furthermore, parcels within the District may be assessed as developed once the final maps have been approved by the City of Brentwood and/or it is anticipated that improvements will need to be maintained or reserve funds will need to be collected for the ensuing fiscal year.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
16 QUANTIFICATION OF BENEFIT
The District will provide a funding source for the operation, maintenance, servicing and replacement of streetlighting, landscaping, park, and open space area facilities authorized under the statute that benefit properties within the boundaries of the District. As previously discussed, it’s required that the City separate the general benefits from the special benefits, because only special benefits may be assessed. In order for the City to separate out the costs associated with general and special benefits for each improvement type, an analysis of each improvement was conducted as described below.

Streetlighting Along Arterial and Major Roadways
Streetlighting located along the City’s arterial and major roadways provide a benefit to parcels inside and outside the City. The benefits from streetlights are enhanced illumination which allows for:
• Safer vehicle and pedestrian access to and from property. • Enhanced deterrence of criminal or suspicious activity such as property theft, vandalism, criminal acidity, illegal dumping, and damage to improvements and property.
• Improved ability of pedestrians and motorists to see. • Improved traffic circulation and reduced nighttime accidents and personal property loss.
• Increased nighttime visibility resulting in enhanced safety on roads, streets, and in public areas.

To determine which properties benefit from streetlighting along the City’s arterial and major roadways a benefit analysis was performed. The analysis utilized Google Maps to determine which arterial and major roadways within the City were most likely to be used by property owners/residents when driving or walking to various destinations inside and outside of the City. The analysis showed that all properties within the City would utilize the City’s arterial and major roadway system when traveling to destinations within the City or to other cities and communities. The analysis also found that there are additional properties located outside the City limits that would utilize the City’s arterial and major roadway system when traveling through the City to various destinations outside the City.

Vehicular or pedestrian traffic flow commencing outside of the City but traveling to a destination inside the City was determined to be a special benefit to the destination parcel within the City. The analysis used each parcel’s physical location as a starting destination and then selected ending destinations were inputted (e.g., neighboring cities or communities surrounding the City of Brentwood). If Google Maps showed the property owner/resident located outside the City would pass through and utilize the City’s arterial and major roadway system to travel to a destination outside of the City, then they were considered to receive a benefit from the City’s arterial and major roadway system. In addition, the analysis showed that most parcels outside of the City did not benefit from the improvements because they did not utilize the City’s roadways to travel to a destination parcel outside of the City, but would in most circumstances, if not all rather

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
17 utilize Highway 4 to traverse the City or use an alternative route, therefore circumventing the City’s arterial and major roadways.

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

To quantify and separate the special benefits received by property owners within the City limits and the general benefit received by the property owners outside the City, EDUs were assigned to all benefiting properties (both inside and outside the City). The analysis resulted in a benefit boundary being drawn and EDUs being assigned to one of three categories of parcels: special benefits assigned to properties that lie within the City and not in a LLAD, special benefits assigned to properties that lie within the City and in a LLAD, and general benefits assigned to properties that lie outside the City. The aggregated EDU assignments for each categorization of property determined that 2.81% of the EDUs were attributed to properties located outside of the City. Therefore, it is estimated that 97.19% of the annual cost to operate, maintain, service and replace the arterial and major roadway streetlighting would be a special and direct benefit to the parcels within the City and 2.81% of the annual cost to operate, maintain, service and replace the arterial and major roadway streetlighting would be a general benefit.

Streetlighting Along Arterial and Major Roadway Cost Allocation The 1,396 roadside and median streetlights located along arterial and major roadways within the Arterial and Major Roadway Benefit Boundary cost approximately $412,638 per year to maintain in FY 2024-25 dollars. The cost to maintain the streetlighting along the arterial and major roadways are spread to all benefitting parcels identified within the Arterial and Major Roadway Benefit Boundary. The parcels identified to be within the Arterial and Major Roadway Benefit Boundary equate to 25,678 EDUs which results in an annual cost allocation of $16.07 per EDU in FY 2024-25 dollars. As previously discussed,

97.19% of the annual cost to operate and maintain the streetlights would be a special and direct benefit to the parcels within the Arterial and Major Roadway Benefit Boundary.

Table No. 2 shows the streetlight cost allocation associated with arterials and major roadways.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
18 Landscaping Along Arterial and Major Roadways
Landscaping located along the City’s arterial and major roadways provide a benefit to parcels within and outside the City. The benefits from landscaping include enhanced beautification which allows for:
• Enhanced desirability of property through association with the improvements. • Improved aesthetic appeal of properties providing a positive representation of the area and properties.
• Enhanced beautification to the adjacent developments. • Increased sense of pride in ownership of property within the LLADs resulting from well-maintained improvements associated with the properties. • Enhanced quality of life through well-maintained green space and landscaped areas.
• Reduced criminal activity and property-related crimes (especially vandalism) against properties in the LLADs through well-maintained surroundings and amenities including abatement of graffiti.
• Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
• Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation, and attenuating noise.

To determine which properties benefit from landscaping along the City’s arterial and major roadways a benefit analysis was performed. The analysis utilized Google Maps to determine which arterial and major roadways within the City were most likely to be used by property owners/residents when driving or walking to various destinations inside and outside of the City. The analysis showed that all properties within the City would utilize the City’s arterial and major roadway system when traveling to destinations within the City or to other cities and communities. The analysis also found that there are additional properties located outside the City limits that would utilize the City’s arterial and major roadway system when traveling through the City to various destinations outside the City.

Vehicular or pedestrian traffic flow commencing outside of the City but traveling to a destination inside the City was determined to be a special benefit to the destination parcel within the City. The analysis used each parcel’s physical location as a starting destination and then selected ending destinations were inputted (e.g. neighboring cities or communities surrounding the City of Brentwood). If Google Maps showed the property owner/resident located outside the City would pass through and utilize the City’s arterial LLAD No. 24-2
LLAD Other Other Non General Cost per EDU
Improvement No. 24-2 LLAD Parcels LLAD Parcels Benefit (FY 2024-25 Type 0.24% 76.47% 20.48% 2.81% Dollars)1
Arterial and Major Roadway
Streetlighting $988.31 $315,560.10 $84,500.51 $11,588.67 $16.07 1 The LLAD No. 24-2 Cost per EDU was determined by dividing the LLAD No. 24-2 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-2.

Special Benefit
Table No. 2 - Arterial and Major Roadway Street Lighting Cost Allocation

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
19 and major roadway system to travel to a destination outside of the City, then they were considered to receive a benefit from the City’s arterial and major roadway system. In addition, the analysis showed that most parcels outside of the City did not benefit from the improvements because they did not utilize the City’s roadways to travel to a destination parcel outside of the City, but would in most circumstances, if not all rather utilize Highway 4 to traverse the City or use an alternative route, therefore circumventing the City’s arterial and major roadways.

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

To quantify and separate the special benefits received by property owners within the City limits and the general benefit received by the property owners outside the City, EDUs were assigned to all benefiting properties (both inside and outside the City). The analysis resulted in a benefit boundary being drawn and EDUs being assigned to one of three categories of parcels: special benefits assigned to properties that lie within the City and not in a LLAD, special benefits assigned to properties that lie within the City and in a LLAD, and general benefits assigned to properties that lie outside the City. It was determined that parcels within the categories that are not in a LLAD benefit less than parcels within the LLADs due to the proximity of the landscaping to the properties within the LLADs. This finding resulted in the EDUs assigned to parcels in the City and not in a LLAD and parcels outside the City being reduced by 50%. The aggregated EDU assignments for each categorization of property determined that 1.63% of the EDUs were attributed to properties located outside of the City. Therefore, it is estimated that 98.37% of the annual cost to operate, maintain, service and replace the arterial and major roadway landscaping would be a special and direct benefit to the parcels within the City and 1.63% of the annual cost to operate, maintain, service and replace the arterial and major roadway landscaping would be a general benefit.

Landscaping Along Arterial and Major Roadway Cost Allocation The 117.493 acres of City-maintained landscaping along the arterial and major roadways within the Arterial and Major Roadway Benefit Boundary cost approximately $4,417,302 per year to maintain in FY 2024-25 dollars. The cost to maintain the arterial and major roadway landscaping is spread to all benefitting parcels identified within the Arterial and Major Roadway Benefit Boundary. The parcels identified on the Arterial and Major Roadway Benefit Boundary equate to 22,697 EDUs which results in an annual cost

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
20 allocation of $194.62 per EDU in FY 2024-25 dollars. As previously discussed, 98.37% of the annual cost to operate and maintain the roadside and median landscaping would be a special and direct benefit to the parcels within the Arterial and Major Roadway Benefit Boundary. Table 3 shows the landscaping cost allocation associated with arterials and major roadways.

Park Facilities
The City of Brentwood’s General Plan policy is aimed at ensuring that recreational opportunities will continue to exist throughout the City and that an adequate park system continues to be developed and maintained to serve the City. In keeping with these policies, the City Council formed a Citywide Park Assessment district for park maintenance in 1997 to secure a funding mechanism for a portion of the benefits and associated costs to maintain community parks and neighborhood parks. In addition, the City’s LLADs were also established to fund park costs associated with each benefiting property for the community and neighborhood parks that could not be funded from the Citywide Park Assessment District. For the purposes of this report, community parks are defined as typically being larger parks that are designed with amenities to serve the City as a whole as described further in the Parks, Trails and Recreation Master Plan originally approved on August 23, 1994 and subsequently approved on June 25, 2002.

Neighborhood parks are defined as being generally smaller than community parks and typically benefit those residents located within a one-half mile radius from the park and as further defined within the Parks, Trails and Recreation Master Plan previously referenced.

There are 99 Parks spread throughout the City serving a population of approximately 67,000 residents. Community and neighborhood parks provide a special and direct benefit to the parcels within the City. The special and direct benefit to the parcels consists of enhanced recreational opportunities, including baseball, soccer, swimming, basketball, walking, jogging, etc. and the use of improvements such as: picnic tables, barbequing, playground equipment, community center rooms, green spaces, benches, bioswales, etc.

The parks and the associated recreational opportunities provide for more aesthetically pleasing neighborhoods, environmental and health benefits, community gathering places, and an overall improved and healthier community image, etc. If these park improvements were not installed, property within the City’s LLADs would not look as appealing to property owners, prospective property buyers, and patrons alike, which would adversely affect the value of their property. Based on the Parks and Economic Development Report LLAD No. 24-2
LLAD Other Other Non General Cost per EDU
No. 24-2 District Parcels District Parcels Benefit (FY 2024-25 Improvement Type 0.27% 86.52% 11.58% 1.63% Dollars)1
Arterial and Major Roadway
Landscaping $11,969.13 $3,821,674.31 $511,682.93 $71,975.91 $194.62 1 The LLAD No. 24-2 cost per EDU was determined by dividing the LLAD No. 24-2 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-2.

Special Benefit
Table No. 3 - Arterial and Major Roadway Landscaping Cost Allocation

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
21 published in the American Planning Association, homes adjacent and near parks and open space are typically valued at 8-20% higher than comparable properties, with positive price effect declining to zero about ½ mile away. Therefore, park improvements provide a special and direct benefit to property located within ½ miles of park improvements.

Furthermore, the Brentwood Parks, Trails, and Recreation Master Plan development guidelines as previously referenced herein, states that, neighborhood parks should service residents within a ½ mile +/- radius or approximately 1,000 to 2,000 people. The City maintains on average one neighborhood park per 800 residents. In addition to the special and direct benefits the property owners receive within the City from these enhanced park improvements, there are also some incidental benefits received by residents located from outside the City that may utilize the City’s community and neighborhood parks. Even though these are incidental benefits, they must be accounted for and cannot be assessed to the properties within the City’s LLADs.

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

Park Facilities Cost Allocation
The approximate 253.06 acres of community and neighborhood parks within the Park Benefit Boundary cost approximately $9,260,168 to maintain in FY 2024-25 dollars. The cost to maintain the parks is spread to all benefiting parcels identified within the Parks Benefit Boundary.

The community parks within the Park Benefit Boundary cost approximately $4,316,616 to maintain in FY 2024-25 dollars. As previously discussed, 95% of the annual cost to operate and maintain community parks is considered a special and direct benefit to the parcels within the park benefit boundary and 5% of the annual cost to operate and maintain community parks is considered a general benefit. The parcels identified within the Park Benefit Boundary equate to 22,840 EDUs, which results in an annual cost allocation of $84.83 per EDU in FY 2024-25 dollars for community parks. Table 4A shows the cost allocation associated with community parks.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
22 The neighborhood parks within the Park Benefit Boundary cost approximately $4,943,552 to maintain in FY 2024-25 dollars. As previously discussed, approximately 98% of the annual cost to operate and maintain neighborhood parks is considered a special and direct benefit to the parcels within the park benefit boundary and 2% of the annual cost to operate and maintain neighborhood parks is considered a general benefit. The parcels identified within the Park Benefit Boundary equate to 22,840 EDUs, which results in an annual cost allocation of $140.55 per EDU in FY 2024-25 dollars for neighborhood parks.

Table 4B shows the cost allocation associated with neighborhood parks.

The total annual cost allocation needed to maintain the community and neighborhood parks within the Park Benefit Boundary is $225.38 per EDU in FY 2024-25 dollars as summarized in Table 4C below.

In-Tract Streetlighting
To determine which properties benefit from in-tract or development specific streetlighting a benefit analysis was performed. Streetlighting located along and adjacent to the in-tract streets provide a special and direct benefit to parcels within the developments. The special and direct benefits from streetlights within the development consists of enhanced illumination which allows for safer vehicle and pedestrian access to and from property. In addition, this enhanced illumination helps deter criminal or suspicious activity such as property theft, vandalism, illegal dumping, etc.

LLAD No. 24-2
LLAD Other Other Non General Cost per EDU
Improvement No. 24-2 District Parcels District Parcels Benefit (FY 2024-25 Type 0.12% 85.91% 8.97% 5.00% Dollars)1
Parks $5,217.05 $3,708,456.69 $387,111.30 $215,830.79 $84.83 1 The LLAD No. 24-2 cost per EDU was determined by dividing the LLAD No. 24-2 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-2.

Special Benefit
Table No. 4A - Community Park Cost Allocation
LLAD No. 24-2
LLAD Other Other Non General Cost per EDU
Improvement No. 24-2 District Parcels District Parcels Benefit (FY 2024-25 Type 0.17% 84.85% 12.97% 2.00% Dollars)1
Parks $8,643.83 $4,194,654.16 $641,382.68 $98,871.03 $140.55 1 The LLAD No. 24-2 cost per EDU was determined by dividing the LLAD No. 24-2 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-2.

Table No. 4B - Neighborhood Park Cost Allocation
Special Benefit
Community Park Neighborhood Park Parks
Cost per EDU Cost per EDU Cost per EDU
$84.83 $140.55 $225.38
Table No. 4C - Parks FY 2024-25 Annual Cost Allocation

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
23 Since the in-tract streets within the development are designed to have minimal flow through traffic, there are few reasons for vehicles to access the in-tract streets unless their destination is to or from a single-family residential parcel within the development.

However, it is reasonable to conclude that some vehicular traffic may on a rare occasion utilize the in-tract streets due to the need to turn around or a mistaken turn into the development. The rare circumstance where a pedestrian or vehicle mistakenly uses the in-tract streets, have been determined to be a rare and infrequent circumstance. Even though these are rare and infrequent circumstances, they must be accounted for and cannot be assessed to the properties within the City’s LLADs. Therefore, based on flowthrough traffic it is conservatively estimated that approximately 98% of the annual trips along in-tract roadways within the development would be a special and direct benefit to the parcels within the City’s LLADs and 2% of the annual trips along in-tract roadways within the development would be a general benefit.

To quantify and separate the special benefits received by all property within the development EDUs were assigned to all benefitting properties inside the development as identified. It was determined that 2% of the cost to operate, maintain, service and replace the in-tract street lighting were assigned to properties located outside of the development.

Therefore, it is estimated that 98% of the annual cost to operate, maintain, service and replace the in-tract streetlighting would be a special and direct benefit to the parcels within each development and 2% of the annual cost to operate, maintain, service and replace the in-tract streetlighting would be a general benefit.

In-Tract Streetlighting Cost Allocation
The thirty-seven (37) in-tract streetlights within the In-Tract Benefit Boundary cost approximately $5,550 to maintain in FY 2024-25 dollars. As previously discussed, 98% of the annual cost to operate and maintain the in-tract streetlights is a special and direct benefit to the parcels within the In-Tract Benefit Boundary and is spread to all benefitting parcels within the In-Tract Benefit Boundary. The parcels identified on the In-Tract Benefit Boundary equate to 61.50 EDUs which results in an annual cost allocation of $88.44 per EDU in FY 2024-25 dollars. Table 5 shows the cost allocation associated with in-tract streetlights.

LLAD No. 24-2
LLAD General Cost per EDU
Improvement FY 2024-25 No. 24-2 Benefit (FY 2024-25
Type Cost 98.00% 2.00% Dollars)1
In-Tract Streetlighting $5,550.00 $5,439.00 $111.00 $88.44 1 The LLAD No. 24-2 cost per EDU was determined by dividing the LLAD No. 24-2 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-2.

Table No. 5 - Local In-Tract Streetlighting Cost Allocation

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
24 In-Tract Landscaping
To determine which properties benefit from in-tract or development specific landscaping a benefit analysis was performed. Landscaping located along and adjacent to the in-tract streets provide a special and direct benefit to parcels within the development. The special and direct benefits from in-tract landscaping within the development consists of enhanced beautification to the entrances and along the roadsides within the development. Property owners who reside within these developments realize this enhanced aesthetic benefit when they are entering and exiting the development. If these in-tract landscape improvements were not installed, the developments would not look as appealing to property owners and prospective property buyers which would adversely affect the value of their property. Therefore, these landscape improvements provide a specific enhancement to their property values and not a general enhancement of property values.

Since the in-tract streets within the development are designed to have minimal flow through traffic, there are few reasons for vehicles to access the in-tract streets unless their destination is to or from a single-family residential parcel within the development.

However, it is reasonable to conclude that some vehicular traffic may on a rare occasion utilize the in-tract streets due to the need to turn around or a mistaken turn into the development. The rare circumstance where a pedestrian or vehicle mistakenly uses the in-tract streets, have been determined to be a rare and infrequent circumstance. Even though these are rare and infrequent circumstances, they must be accounted for and cannot be assessed to the properties within the City’s LLADs. Therefore, based on flowthrough traffic it is conservatively estimated that approximately 98% of the annual trips along in-tract roadways within the development would be a special and direct benefit to the parcels within the LLADs and 2% of the annual trips along in-tract roadways within the development would be a general benefit.

To quantify and separate the special benefits received by all property within the development EDUs were assigned was applied to all benefitting properties inside the development as identified. It was determined that 2% of the cost to operate, maintain, service and replace the in-tract landscaping were assigned to properties located outside of the development. Therefore, it is estimated that 98% of the annual cost to operate, maintain, service and replace the in-tract landscaping would be a special and direct benefit to the parcels within the development and 2% of the annual cost to operate, maintain, service and replace the in-tract landscaping would be a general benefit.

In-Tract Landscaping/Fencing and Soundwall Cost Allocation The 2.77 acres of in-tract landscaping and 2,200 square feet of soundwall within the InTract Benefit Boundary cost approximately $28,147 to maintain in FY 2024-25 dollars. As previously discussed, 98% of the annual cost to operate and maintain the in-tract landscaping is a special and direct benefit to the parcels within the In-Tract Benefit Boundary and is spread to all benefitting parcels within the In-Tract Benefit Boundary.

The parcels identified on the In-Tract Benefit Boundary equate to 61.50 EDUs which results in an annual cost allocation of $448.52 per EDU in FY 2024-25 dollars. Table 6 shows the cost allocation associated with in-tract landscaping.

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
25 Trails
Trails provide special and direct benefits to the parcels located within a certain proximity to the trails. These special and direct benefits consist of enhanced recreational opportunities such as walking, jogging, biking, etc. within and along their developments.

These benefits allow for:
• Increases in options to exercise and incorporate recreational opportunities into daily routines.
• Increases in opportunities to travel and connect with places people may need or want to go.
• Enhanced environmental opportunities because of improvement in air quality due to people utilizing the trail verse driving to nearby destinations. • Specific enhancements in property values due to the increase in walkability of an area and the increase in amenities.

In addition, the trails provide general benefits to the public-at-large since it is a public trail system and anyone from the public can access it. To determine who is most likely to use trails, the City’s Parks and Recreation Department staff performed a trail user survey over multiple days at different times and locations along existing trail segments over a threemonth period. Based upon their survey findings, ninety-three percent (93%) of trail users were benefitting property owners located both within the City and those outside the City limits, who lived within ½-mile (+/-) of trails. The ½-mile benefit boundaries from each respective trail can vary slightly for trail segments due to the location of geographical features and major roadways. Therefore, it is estimated that 93% of the annual cost to operate, maintain, service and replace the trail improvements would be a special and direct benefit to the parcels within the ½-mile (+/-) distance both within and outside the City and 7% of the annual cost to operate, maintain, service and replace the trail improvements would be a general benefit. Special benefits assigned to properties that lie within a ½ mile (+/-) of trails that are not within a LLAD (in or outside the City), are special benefits that will be paid by the City because they cannot be assessed to parcels within LLADs. Only the benefits associated with properties within the City and within a LLAD that are within a ½ mile (+/-) distance of trails will be assessed.

Trails Assessment Allocation
The 27.782 acres of trails within the District Trail Benefit Boundary (Appendix B) cost approximately $1,113,293 to maintain in FY 2024-25 dollars. As previously discussed, LLAD No. 24-2
LLAD General Cost per EDU
Improvement FY 2024-25 No. 24-2 Benefit (FY 2024-25
Type Cost 98.00% 2.00% Dollars)1
In-Tract Landscaping/Fencing and Soundwalls $28,147.01 $27,584.07 $562.94 $448.52 1 The LLAD No. 24-2 cost per EDU was determined by dividing the LLAD No. 24-2 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-2.

Table No. 6 - Local In-Tract Landscaping Cost Allocation

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
26 93% of the annual cost to operate and maintain these trail segments are a special and direct benefit to the parcels within the Trail Benefit Boundary and is spread to all benefitting parcels within the Trail Benefit Boundary. The parcels identified to be within the Trail Benefit Boundary equate to 5,815 EDUs which results in an annual cost allocation of $178.06 per EDU in FY 2024-25 dollars. Table No. 7 below shows the cost allocation associated with the District Trail Benefit Boundary.

DISTRICT MAXIMUM ASSESSMENT RATE
The maximum assessment rate may be adjusted each subsequent fiscal year to correspond with the annual increase in the San Francisco Bay Area Urban Wage Earners Consumer Price Index from December to December of each year (Base Year of 2023), or 2% whichever is greater.

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

The following table outlines the total maximum assessment rate in FY 2024-25 dollars.

LLAD No. 24-2
LLAD Other District Non District General Cost per EDU
Improvement No. 24-2 Parcels Parcels Benefit (FY 2024-25 Type 0.98% 80.55% 11.47% 7.00% Dollars)1
City Trails $10,950.69 $896,746.48 $127,664.75 $77,930.47 $178.06 1 The LLAD No. 24-2 cost per EDU was determined by dividing the LLAD No. 24-2 costs attributed to special benefit by the projected number of EDUs for LLAD No. 24-2.

Table No. 7 - Trail Cost Allocation
Special Benefit

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART D
27 Other Other Non LLAD No. 24-2
LLAD No. 24-2 District Parcel District Parcel Rate per EDU FY 2024-25 Special Special Special General (FY 2024-25
Improvement Type Cost Benefit Benefit1 Benefit2 Benefit3 Dollars) Arterial and Major Roadway Streetlighting $412,637.59 $988.31 $315,560.10 $84,500.51 $11,588.67 $16.07 Arterial and Major Roadway Landscaping $4,417,302.28 $11,969.13 $3,821,674.31 $511,682.93 $71,975.91 $194.62 Community and Neighborhood Parks $9,260,167.53 $13,860.88 $7,903,110.85 $1,028,493.98 $314,701.82 $225.38 In-Tract Streetlighting4 $5,550.00 $5,439.00 N/A N/A $111.00 $88.44 In-Tract Landscaping4 $28,147.01 $27,584.07 N/A N/A $562.94 $448.52 Trail Landscaping $1,113,292.39 $10,950.69 $896,746.48 $127,664.75 $77,930.47 $178.06 Subtotal $15,237,096.80 $70,792.08 $12,937,091.74 $1,752,342.17 $476,870.81 $1,151.09 Local In-Tract Reserves
Capital Reserves5 $8,424.23 $8,255.74 N/A N/A $168.49 $134.24 Operating Reserves/Contingency5 $8,424.23 $8,255.74 N/A N/A $168.49 $134.24 Subtotal $16,848.46 $16,511.48 N/A N/A $336.98 $268.48
Total $15,253,945.26 $87,303.56 $12,937,091.74 $1,752,342.17 $477,207.79 $1,419.57 1 This represents the special benefit amounts allocated to parcels located within other existing City of Brentwood LLADs. These amounts will be paid for by parcels located within those LLADs.
2 This represents the special benefit amounts allocated to parcels not located within existing City of Brentwood LLADs. These amounts will be funded by the City's General Fund or by some other non-LLAD funds until new development occurs on these parcels. 3 General Benefit will be funded by the City's General Fund or by some other non-LLAD funds. 4 Incidental costs such as County Collection Fees, Assessment Engineering, and City Administration costs have been applied exclusively to in-tract improvements and are included in the cost estimate for In-Tract Street Lighting and In-Tract Landscaping. 5 The Operating and Capital Reserves shown above only apply to In-Tract Improvements. Since the City transfers funds to LLAD No. 24-2 on July 1, there is no need to collect operating reserves from Other Non-District Parcels and the General Fund.

Table No. 8 - Total Maximum Assessment Calculation (FY 2024-25 Dollars)

Formation of LLAD No. 24-2 (Trumark Trailside) SECTION III Engineer’s Report Fiscal Year 2024-25 PART E
28 PART E

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

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

Formation of LLAD No. 24-2 (Trumark Trailside)
Engineer’s Report Fiscal Year 2024-25 APPENDIX A
A-1

APPENDIX A

MAXIMUM ASSESSMENT ROLL

Formation of LLAD No. 24-2 (Trumark Trailside)
Engineer’s Report Fiscal Year 2024-25 APPENDIX A
A-2
Assessor Parcel Development FY 2024-25
Number(s) Name Maximum Assessment
019-092-013 Trumark Trailside $53,943.66
019-092-034 Trumark Trailside $33,359.90
LLAD No. 24-2 (Trumark Trailside)

Formation of LLAD No. 24-2 (Trumark Trailside)
Engineer’s Report Fiscal Year 2024-25 APPENDIX B
B-1

APPENDIX B

BENEFIT BOUNDARY DIAGRAMS

*
*
Street Lighting and Landscaping along Arterial and Major Roadways Benefit Boundary Diagram
LLAD No. 24-2
¯ 0 2,500 5,000
Feet
4 4
Brentwood Blvd
Sellers Ave
Sunset Rd
Concord Ave
Byron Hwy
Bixler Rd
Chestnut St
Brentwood Blvd
Minnesota Ave
Trumark Trailside
Project Site
B-2
Neroly Rd Delta Rd
Brentwood Blvd
O'Hara Ave
Sycamore Ave
Sand Creek Rd
Oak St
Lone Tree Wy
Fairview
Ave
Empire Ave
Shady Willow Ln
Jeffrey Wy Sand Creek Rd
Balfour Rd
Central Blvd
Fairv ei w
Ave
Griffith Ln
Walnut Blvd
Vineyards Pkwy
Legend
LLAD No. 24-2 Boundary
City Limit
Parcel Lines
Parcels outside of City Limits - East/South Bound
Parcels outside of City Limits - North/West Bound
Parcels within City Limits
City Arterial/Major Roadways

LLAD No. 24-2
Parks Benefit Diagram
Lone Tree Wy
Sand Creek Rd
Balfour Rd
Brentwood Blv
F
d
airview
Ave
Minnesota Ave
Grant St
O'Hara Ave
Brentwood Blvd
John Muir Pkwy
4 ¯
Sunset
Park
Aquatic Complex
& Skate Park
King
Park
Miwok Park
Oak Meadow
Park
Apple Hill
Park
Arbor View
Park
Garin
Park
Summerset
Commons
Park
Sand Creek
Soccer
Trumark Trailside
Project Site
B-3
4 2,000 1,000 0 2,000
Feet
Legend
LLAD No. 24-2 Boundary
City Limit
Parcel Lines
Parcels within the
Neighborhood Park Boundary
Community Park
Neighborhood Park

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City of Brentwood - LLAD No. 24-2 In-Tract Benefit Diagram

PONZA ST

ARIONE ST

SLEPPY ST
SLE
P
P
Y
S
T
S
T
R
AT
H
AV
E
N
PL
P
O
N
Z
A
S
T
P
O
N
Z
A
S
T
± 150 75 0 150
Feet
Legend
LLAD 24-2 Boundary
Parcel Lines
Proposed Landscaping
Proposed Bio Retention
Proposed Pathway
!( Proposed Streetlights
Proposed 6ft Masonry Wall

ASHBOURNE PL
WAT
E
R
S
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Parcel B
Parcel A
B-4 Page 153 of 372
City of Brentwood - LLAD No. 24-2 Trail Benefit Diagram B-5
Trumark Trailside
Project Site
Fairview
Ave
Brentwood Blvd
O
H' ara Ave
E
mpire Ave
Lone Tree Wy
Sand Creek Rd
4 850
¯0 850
Feet
Legend
LLAD No. 24-2 Boundary
City Limit
Parcel Lines
Grant Street Trail Benefit Boundary
Parcels within Grant Street Trail Benefit Boundary
Grant Street Trail

CITY COUNCIL AGENDA ITEM NO. I.1
09/24/2024
SUBJECT: Review of City Council and Commission process for public comments to reduce hate speech and the use of virtual platforms for public comments; and consider drafting a statement of values DEPARTMENT: City Manager’s Office
STAFF: Darin Gale, Assistant City Manager
Tim Ogden, City Manager

TITLE/RECOMMENDATION
Provide direction to staff regarding the process for public comments made at City Council and Commission meetings and the use of virtual platforms for public comments; and direct to staff to work with the Diversity, Equity, Belonging and Inclusion Committee to draft a City Council statement of values.

FISCAL IMPACT
There is no fiscal impact associated with this action at this time.

BACKGROUND
On October 1, 2023, the City Council updated the City Council Meeting Rules and Procedures Policy and provided direction to staff to allow for continued virtual public comments for agenized items only. Public comments on items not on the agenda would be take in person only, to protect the City from what is described by many as being “Zoom bombed” with hate speech. Based upon the current process, the City was protected from being Zoom bombed with hate speech on three separate occasions.

At the March 12, 2024, City Council meeting, a future agenda item was approved to spend staff time and resources to determine what additional steps could be taken to limit hate speech during City Council meetings, allow for virtual public comments and create a City value or mission statement. Staff reviewed a number of steps that have been taken around the region and throughout the state to limit hate speech during public comments. In reviewing other city processes referenced by the City Council, staff was unable to find a staff report or council meeting where legal counsel

CITY COUNCIL AGENDA ITEM NO. I.1
09/24/2024
supported a process that recommended restricting a person from exercising their First Amendment rights.

It is important to note that the First Amendment to the U.S. Constitution protects most forms of speech or expression in a limited public forum such as City Council meeting, providing:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

The City Council’s current public comment framework does not infringe upon this right. Members of the public who choose not to attend City Council or City Commission meetings may still express themselves regarding items not on the agenda through a number of avenues, including email, traditional mail, and telephonic messages.

The United States Supreme Court has found that “speech on public issues occupies the ‘highest rung of the hierarchy of First Amendment values’ and is entitled to special protection.” (Snyder v. Phelps (2011) 562 U.S. 443, 452, internal citations omitted.) According to the Court:

Speech deals with matters of public concern when it can “be fairly considered as relating to any matter of political, social, or other concern to the community,” [citation omitted] or when it “is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public.” [Citations omitted.] The arguably “inappropriate or controversial character of a statement is irrelevant to the question whether it deals with a matter of public concern.” In addition, the Brown Act (the State’s open meeting law) specifically protects speakers at public meetings who wish to criticize the body’s policies, procedures, programs, or services of the agency, or the acts or omissions of the legislative body. (Government Code § 54954.3(c).) The Brown Act specifically addresses meeting disruptions in a number of ways:

1. Adoption of reasonable regulations. The law allows bodies subject to the Act to adopt reasonable regulations to ensure that the public has the opportunity to address the body and individuals do not disrupt the

CITY COUNCIL AGENDA ITEM NO. I.1
09/24/2024
proceedings. These regulations may include rules limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. (Government Code § 54954.3(b)(1).) In the context of a limited public forum, such as a public meeting, such regulations are reviewed for whether they constitute reasonable time, place, and manner restrictions, and any content-based prohibitions must be narrowly drawn to carry out a compelling governmental interest. (See, e.g., Kindt v. Santa Monica Rent Control Board (1995) 67 F.3d 266, 271, finding that “limitations on speech at those meetings must be reasonable and viewpoint neutral, but that is all they need to be.”)

2. Removal of disruptive speakers. The law also allows for speakers to be removed if the speaker’s behavior is disrupting the meeting and the speaker does not heed a warning to cease such behavior. (Government Code § 54957.95.) Under these provisions, “disrupting” is very narrowly defined to mean:
engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
(A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to [Government Code] Section 54954.3 or any other law.
(B) Engaging in behavior that constitutes use of force or a true threat of force.

For these purposes, a “true threat of force” is “a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.”

3. Clearing disruptive groups. Moreover, if a group or groups of individuals interrupt a public meeting subject to the Brown Act “so as to render the orderly conduct of such meeting infeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting,” the body’s members may order the meeting room cleared in order to allow the meeting to continue. In that event, members of the press or other news

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media (except those participating in the disturbance) must be allowed to attend the meeting as it continues. (Government Code § 54967.9.) Notably, the Brown Act does not define – or explicitly prohibit - ‘hate speech.’ Working within this legal framework, cities are left with a limited array of tools to combat hate speech. Cities can encourage speakers to engage in constructive, rather than abusive, dialogue. Councils can also model good behavior by remaining civil and constructive, even when there are disagreements. What the Council cannot do is entirely stop or stifle constitutionally protected speech it disagrees with, even if that speech is inconsistent with the Council’s norms for civil discourse. However according to at least one California Attorney General opinion1, the legislative body of a local agency may prohibit members of the public, who speak during the time permitted on the agendas for public expression, from commenting on matters that are not within the subject matter jurisdiction of the legislative body.

Currently, the City Council allows public comment to occur both in person and virtually through Zoom for all agenized items, but does not allow Zoom public comments for items not on the agenda. The vast majority of verbal attacks across the state and country have occurred virtually, not in person, and during public comments for items not on the agenda. The City is not required to offer public participation via Zoom or any other virtual platform when public meetings are taking place and all members are participating in person. Virtual participation was instituted during the early days of the pandemic, when it was judged unsafe to meet in person and the public needed a way to participate; it has been carried over as a courtesy by the City Council. The majority of local governments across the state are not allowing virtual public comments at this time.

Options to reduce opportunities for hate speech
The City Council is in support of continuing to allow for virtual public comment for items on the agenda and expressed interest in expanding virtual comment for items not on the agenda. Below are options for the City Council to consider. None of the options below will stop future hate speech entirely, but are rather tools that might discourage or protect residents from having to listen to the comments.

1 78 Ops. Cal. Atty Gen. 224 (1995)

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Option Action Discussion
A Include a statement discouraging
hate speech on the agenda and
have the Mayor or Chair read the
statement at the beginning of each
meeting and repeat the statement
as needed during the meeting.

Attachment 2 includes examples of
statements for City Council
consideration.

B For all public comments, enforce
City Council/Administrative Policy
110-1 (‘Meeting Rules &
Procedures’), Section 5.2 (‘Rules of
Decorum’), which requires, among
other things, that “[t]he comments
must be pertinent to the agenda
item under discussion.”
Often during City Council meetings,
speakers stray from addressing
items on the agenda. Ensuring the
Council’s Meetings Rules &
Procedures are followed with all
speakers is key in discouraging
hate speech.

C Require verified Zoom accounts for
all virtual comments.

This has not been shown to be
effective in other communities and
could hinder individuals from
participating virtually if they do not
regularly use Zoom.

D Require both registration and
authentication on Zoom prior to the
start of a meeting.

Authentication allows the City to
restrict webinar attendees to signin users only, confirming that they have a legitimate email account.

This registration allows the City to
view and manage the registrants,
be aware of how many will
potentially join, and it ensures that
attendees do not share their
attendance link with others
This process would limit ability of
virtual comments if someone did
not register prior to the start of a
meeting. It also would not allow
the City to prohibit speakers on the
basis of their email address.

E Report all virtual hate speech to
Zoom.

Staff can report hate speech to
Zoom but it will not stop a person
from making inappropriate

CITY COUNCIL AGENDA ITEM NO. I.1
09/24/2024
Option Action Discussion
comments or creating a new
account to log into Zoom.

F Move public comments for items not
on the agenda to the end of the
meeting.

Most cases of virtual hate speech
happen at the start of the meeting
and not at the end. Moving public
comments to the end could hinder
the ability of individuals to
participate virtually as most Council
meetings adjourn after 10 p.m.

City Council Statement of Values
As part of the motion for this future agenda item, the City Council discussed the possibility of adopting a “Statement of Values.” If the City Council desires a Statement of Values, it is recommended that the City Council either appoint two council members to a new Ad Hoc Committee or assign the effort to the Diversity, Equity, Belonging and Inclusion (DEBI) Committee to draft a Statement of Values for future City Council consideration.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. City Council Meeting Rules and Procedures Policy (110-1)

2. Public Statement Options

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 1 of 10

CITY OF BRENTWOOD

MEETING

RULES AND PROCEDURES

TABLE OF CONTENTS
Page

1. PURPOSE; APPLICABILITY ........................................................................................... 2

2. MEETINGS: GENERAL RULES ...................................................................................... 2

3. ELECTION OF CITY COUNCIL OFFICERS; DUTIES ..................................................... 4

4. MEETING AGENDA: PREPARATION AND CONTENTS.................................................. 6

5. DECORUM ....................................................................................................................... 7

6. VOTING AND DECISION; RECONSIDERATION ............................................................. 8

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 2 of 10

1. PURPOSE; APPLICABILITY

1.1 Purpose. The purpose of the Council Meeting Rules and Procedures (these “Rules”) is to establish protocols that will be convenient for the public and contribute to the orderly conduct of City business. These Rules apply in addition to:
• the Ralph M. Brown Act Open Meeting Law (Brown Act, Gov’t. Code §55950 and following);
• the Political Reform Act (Gov’t. Code §81000 and following); and • any other California laws that govern the conduct of City Council meetings.

1.2 Applicability. These Rules apply to meetings of the City Council and all City Commissions (unless: a provision is clearly not applicable, stated otherwise in the ordinance establishing a particular commission, or stated otherwise in state law). Reference to Mayor, Council, Council Member, and City Clerk shall respectively mean Chairperson, Commission, Commissioner and Secretary, when applicable to a City commission.

1.3 Effect. Failure to observe these Rules does not invalidate any otherwise lawful action.

2. MEETINGS: GENERAL RULES

2.1 Meeting – Definition. The term meeting means the gathering together of three or more members of the City Council (or a majority of the total members of any commission) to hear, discuss, deliberate, or take action on any matter within its jurisdiction. (Gov’t. Code §54952.2(a).)
1 2.2 Meetings Open to the Public. Unless otherwise authorized by law to be held in closed session, all City Council meetings are open and public. (Cal. Const. art I, §3(b)(1); Gov’t.

Code §54953(a).)

2.3 Time and Place of City Council Meetings. The City Council shall hold regular meetings at the dates, time, and location set forth in Municipal Code Chapter 2.04 and any related resolutions, or as modified by the Council.

2.4 Quorum. A majority of the total members of the Council shall constitute a quorum and is sufficient to transact regular business. A Council Member present but abstaining is counted for purposes of constituting a quorum. A Council Member disqualified from voting by law is not counted for purposes of constituting a quorum. (See Section 3.4a below.) If there is no quorum, the Mayor or City Clerk shall adjourn the meeting to a stated time and place.

2.5 Presiding Officer. The Mayor is the presiding officer of the Council. In the absence of the Mayor or in case of conflict under Section 3.4a, the Vice-Mayor shall preside. In the absence of the Mayor and Vice-Mayor, the City Manager shall preside over the election of a temporary chair.

The temporary chair will preside until the return of one of the officers. 1 The Brown Act prohibits a majority of a city council, outside an open and noticed meeting, from using a series of communications of any kind (including telephone or email, or through intermediaries) to discuss, deliberate or take any action on city business. (Gov’t. Code §54952.2(b)(2).

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 3 of 10

2.6 Types of meetings.
a. Regular meetings. This is the regular City Council meeting generally held twice per month, as established by the Municipal Code (Chapter 2.04) and City Council Resolution. b. Special Meetings. A special meeting may be called by the Mayor or by a majority of the City Council. Notice must be given in conformance with Government Code §54956 at least 24 hours before the special meeting.
c. Closed Sessions. The City Council may meet in closed session (not open to the public), as provided by California law. No member of the City Council, City employee or person present during a Closed Session may disclose to anyone not present at the Closed Session the content or substance of any confidential written materials or confidential discussions which took place during the session, unless the City Council votes to authorize disclosure of such information by a majority vote, except as otherwise required by law. (Gov’t. Code § 54956.5.) d. Adjourned Meetings. The City Council may adjourn a regular or special meeting to a specific time and place. (If there is less than a quorum at any scheduled meeting or if all members are absent, the Mayor or City Clerk may declare the meeting adjourned to a stated time and place and post notice of that fact consistent with Government Code § 54955. e. Continued Hearings. The City Council may continue any hearing to a subsequent meeting, stating the specific date, time, and place. (Government Code § 54955.1). f. Emergency Meetings. The City Council may hold an emergency meeting under Government Code section 54956.5 if a majority of the members of the City Council determine that there is 1) a work stoppage or other activity which severely impairs public health, safety, or both, or 2) a crippling disaster which severely impairs public health, safety, or both. Notice shall be given as provided in Government Code section 54956.5. g. Teleconferences. The City Council may use teleconferencing for any City Council meeting. Each teleconference location must be open to the public, and an agenda posted at each location. Each teleconference location shall be identified in the notice and agenda of the meeting. At least a quorum of the Council Members must be present at locations within the City.

All votes taken during a teleconferenced meeting shall be by roll call vote. (Gov’t. Code § 54953.)
h. Meetings with City Commissions. The City Council may hold a joint meeting with a City Commission, or with another public agency, in conformance with the Brown Act.

2.7 Minutes; Record-keeping. The City Clerk or his or her designee will take action minutes, consisting of the names of individuals speaking about an item, and the action taken by Council on each item including the motion and the vote. City Council and Planning Commission meetings are generally broadcast live and are also available for viewing later on the City‘s website. The City maintains audio recordings for other commission meetings. Copies or transcripts are available upon request, with prior payment of fees established by City Council resolution.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 4 of 10
3 ELECTION OF CITY COUNCIL OFFICERS; DUTIES

3.1 Election of Vice Mayor. The City Council shall elect a Vice Mayor for a two-year term, at the meeting when new Council Members are sworn in after a general municipal election. If the office of Vice Mayor becomes vacant for any reason (including resignation, incapacity, death, recall, municipal election, or removal by majority vote), the City Council shall elect one of its members to fill the vacancy at the next regular meeting. The election or removal of the ViceMayor requires three affirmative votes.

3.2 Duties of Mayor. The Mayor has the power, authority, and discretion, without a vote of the majority of the Council (except as noted) to:
a. Preside over Council meetings:
1) maintain order and proper decorum (See Rule 5 below); 2) announce the business before the Council in the order set forth in the agenda (or as such order may be changed per Rule 4.3 below);
3) call for votes on each matter requiring a decision, and announce the results. The Mayor may make a motion, second and debate matters, subject only to the same limitations of debate as are imposed upon all members.);
4) when requested, make these Rules known and decide questions of order, subject to an appeal of the Council;
5) set time limits on Council discussion (subject to Council concurrence) and on communications from members of the public, consistent with the Brown Act; and 6) open public hearings.”
b. Agendas. Work with the City Manager in the preparation of agendas, and place items on a future Council meeting agenda, under Rule Sections 4.2 and 4.4 below. c. Signing. Sign all documents as authorized by the City Council, and ceremonial documents.
d. Subcommittees. Create subcommittees, with a concurrence of the Council, under Section

3.4b.
e. Appointments. Make appointments to a public office or position, with the confirmation of a majority of the City Council.
f. City Spokesperson. Serve as the chief spokesperson and representative for the City and City Council for matters concerning public policy.
g. Other duties. Perform other duties as are required by law or as pertain to the office of Mayor.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 5 of 10

3.3 Duties of Vice Mayor. The Vice Mayor has the power and authority to:
a. Exercise the duties and powers of the Mayor, in the Mayor’s absence. b. Serve with the Mayor as spokesperson and representative for the Council. c. Assist the Mayor in anticipating an issue that may warrant a special meeting.

3.4 Duties of all Council Members. It is the duty of each Council Member to attend Council meetings, adhere to these Rules, and to cast votes as outlined below. a. Abstention from voting. A Council Member must abstain from voting if:
1) the Council Member has a personal or financial interest in the matter as defined in the California Political Reform Act (Government Code §§ 81000 et seq.) 2 ; or
2) the law otherwise declares the Council Member's participation to be a conflict of interest (e.g., Government Code §§ 1090, 1126, 81000 et seq.; or case law); or 3) the member is disqualified as to a particular matter because of his or her absence from a prior public hearing and inability or failure to review the prior testimony and evidence presented.

If a Council Member is disqualified, he or she shall declare this fact and the reason for it on the record, and shall leave the room until the matter is concluded. However, if the matter on which the Council Member is disqualified is on the Consent Calendar, and is not pulled from the Consent Calendar, the Council member does not need to step down from the dais during the vote. Rather, before the Consent Calendar vote, he or she should declare this fact and the reason for it on the record and state that he or she is not voting on that item. b. Committees and Boards. The business of the City Council will from time to time require work in Council committees (either a standing committee or ad hoc committee), and through Council Member participation on boards of other governmental agencies.

The Mayor, a majority of the Council, or staff may recommend formation of a committee. A committee assists in the resolution or study of issues arising from a specific area of Council concern. All communications and advice from a committee shall be made to the Council. A committee serves until discharged by a majority of the Council.

It is the duty of any Council Member sitting on such a committee, or outside board, to make periodic reports to the City Council as a whole and to the general public at regular City Council meetings. It is also the duty of a Council Member to timely advise his or her alternate, if any, if the Council Member will be absent from any committee or board meeting.

3.5 Absences. A Council Member should endeavor to give notice to the Mayor, City Manager, or City Clerk in advance if he or she will be absent or late to a Council meeting. If a Council Member is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy. (Gov’t. Code §36513.)

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 6 of 10
4 MEETING AGENDA: PREPARATION AND CONTENTS

4.1 General. The City Council will not discuss any item of business not appearing on the written agenda, except as provided in Government Code section 54954.2.

If other matters (not on the agenda) are raised by the public, the City Council or staff may refer the matter to staff or to a subsequent meeting.3 (Gov’t. Code §54954.2.)

4.2 Agenda Preparation; Distribution. There shall be a written agenda for each City Council meeting. The agenda shall contain a brief general description of each item of business to be transacted or discussed and shall include other matters as set forth in this Section 4. The City Clerk shall prepare the agenda in conjunction with the City Manager’s office. Anonymous communications will not be considered nor placed on the agenda. Only the City Manager, City Attorney, the Mayor and Council Members may add items to a Council agenda. If a member of the public wishes an item to be added, he or she must have a Council Member sponsor the item. The agenda will be posted and distributed as required by the Brown Act. (Gov’t. Code §§54954.2, 54954.1.)

4.3. Agenda Contents; Order of Business. The agenda shall include general information, a brief description of items of business, and the order of business (See Government Code § 54954.2).

The order of business is as follows, subject to change by the Mayor, Vice-Mayor (in the Mayor’s absence), City Manager or a majority vote of the City Council:

Call to Order and Roll Call
Pledge of Allegiance
Presentations (and Proclamations) (these may also be included on the Consent Calendar.) Public Comments (for items not on the public hearings or business items portions of the agenda, or requests for future agenda items)
Informational Reports from Council Members, committees, liaisons, and staff Consent Calendar
Public Hearings4
Business Items
Request for Future Agenda Items (by Council Members)
Adjournment
2 A Council Member may not make, participate in making, or in any way attempt to use their official position to influence a governmental decision in which they know (or have reason to know) they have a financial interest. (Gov’t. Code § 81000.) 3 No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights, ask a question for clarification, or provide a reference to staff or other resource for factual information. (Gov’t. Code §54954.2) 4 Public Hearings. Public hearings are those having specific notice requirements by state law or City ordinance. At the hearing, the Council shall afford any interested person (and his or her representative) the opportunity to speak, present witnesses and evidence, subject to these Rules. Public hearings will be conducted in the following order: (1) Staff Reports and Council Member questions to staff; (2) Public hearing opened by Mayor; (3) Public testimony; (4) Mayor closes the public hearing, by majority vote; (5) Discussion among Council Members; and (6) Action by majority vote

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 7 of 10

4.4 Adding Future Agenda Items.

An item may be added to a future agenda, and staff time authorized, in either of the following ways:
a. Standard agenda process for agenda preparation, under Rule Section 4.2 above, including:
1) by the City Manager, City Attorney, or staff; or
2) by written request to the City Manager by the Mayor or two Council Members at least one week before the publication of the next agenda (Thursday by 5:00 p.m.) and the City Manager determines that there is adequate staff time to prepare discussion and recommendation materials; or
b. By an individual Council Member making:
1) a written request to the City Manager at least one week before the publication of the next agenda to place the item under Request for Future Agenda Items on the next agenda; or
2) a verbal request at a Council meeting to have an item placed on the next agenda under Request for Future Agenda Items.

In either case (b.1 or b.2), the listed item will identify the Council Member making the request and briefly describe the nature of the request. Council discussion will be limited to whether staff time and City resources should be spent on the item and the time period for scheduling. Staff will not spend time on the requested item unless and until the Council wishes additional information, except that if staff has already worked on a matter or the City Manager deems an item to be urgent, he or she may place it on the next agenda as an action item.
5 DECORUM

5.1 Decorum Generally - City Council Members. The Mayor and Council Members shall preserve order and decorum at City Council meetings. Council Members shall confine their remarks to the agenda item under consideration and speak only when recognized by the Mayor, except as otherwise provided in these Rules. Once a Council Member is recognized, he or she will not be interrupted unless called to order by the Mayor. A Council Member may not, by conversation or otherwise, disturb or disrupt the proceedings or the peace of the City Council in any way, nor disturb any other Council Member or member of the public while speaking, nor refuse to obey the instruction of the Mayor or City Council.

During a quasi-judicial hearing5
, an applicant or appellant is entitled to due process of law, including a meaningful opportunity to be heard. Council Members should not receive information outside of the hearing on the matter unless they disclose the nature of the communications. Council Members will give full attention to speakers at the hearing. 5 A quasi-judicial hearing is one that involves the application of rules to a specific project or set of existing circumstances.

Examples include land use matters (but not legislative decisions such as General Plan or zoning amendments, or development agreements), employee disciplinary proceedings, and proceedings for the revocation, suspension, or reinstatement of permits, licenses, and franchises.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 8 of 10
Council meetings will be governed by common sense and good taste. In case of a dispute concerning a procedural matter not specifically covered in these Rules, the majority vote of the Council will control.

5.2 Decorum Generally - Public.

Members of the public wishing to speak during the public discussion are requested to fill out the speaker form provided and hand the card to the City Clerk at the beginning of (or during) the meeting. Comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. A speaker may not allocate his or her time to another speaker. The Mayor will invite public testimony on each item at the appropriate time. Written documents or messages to the City Council or any Council Member while the City Council is in session, which pertain to the Council’s business, shall be made only through the City Clerk.

A member of the audience must come forward to the lectern so that their remarks may be accurately recorded. All remarks shall be addressed to the Mayor, except that answers to questions posed by a City Council Member recognized by the Mayor may be addressed to the questioner. No person other than a member of the City Council and the person having the floor shall enter into any discussion, either directly or through a Council Member, without the permission of the Mayor. The comments must be pertinent to the agenda item under discussion. A member of the public may not ask a question of a Council Member or staff member, except through the Mayor. Speakers are urged to avoid unnecessary repetition in their remarks and instead simply indicate agreement with previous speakers.

If a meeting is willfully interrupted by any individual, group or groups of people so as to render the orderly conduct of the meeting unfeasible, the Mayor may recess the meeting and require the removal of individuals who are interrupting the meeting, or clear the room and continue the meeting allowing only members of the press to remain. (Gov’t. Code §§ 54957.9.)”
6 VOTING AND DECISION; RECONSIDERATION

6.1 Voting and Decision. Ordinances, resolutions and other matters submitted to the Council must be adopted by a majority vote of the total membership of the Council unless a greater number of votes is required by law. A majority means three votes for the City Council (and for each City commission with a total of five members). If one or more Council Members is absent and a majority vote cannot be obtained, and no additional action is taken, the matter shall automatically be added to a future agenda, to be considered at least once with all Council Members present.

If a member (qualified to vote) does not vote in the affirmative or negative, the member shall be deemed to have voted in the affirmative.

A tie vote means the motion is not approved.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 9 of 10
After a vote is taken on a matter, if an appropriate resolution is not already prepared, the Council may direct the staff to prepare a resolution reflecting the City Council’s findings and decision. A resolution brought back to the Council may be placed on the Consent Calendar. (No public comments can be received or considered unless a public hearing is re-noticed.) The vote is not considered final until the City Council reviews and approves the resolution at a later meeting.

6.2 Reconsideration. This section 6.2 does not apply to City Commissions. a. Reconsideration of Quasi-Judicial Actions. (See footnote 5.) A motion to reconsider any quasi-judicial action taken by the City Council may be made by any Council Member who voted with the majority on a question, and may be seconded by any Council Member. The motion must be approved by a majority vote of the entire City Council. The City Clerk shall provide notice to all interested parties as soon as possible when a matter becomes the subject of a motion to reconsider.
1) Timing. The motion must be made at the same meeting at which the action was taken (including an adjourned or continued meeting), at the next regular meeting, or at any intervening special meeting. If a request for reconsideration is communicated to the City Manager by any Council Member who voted in the majority, at least 24 hours before the state law deadline for posting the City Council meeting agenda, then the request shall appear on the posted agenda for the next regular meeting or intervening special meeting. Otherwise, no City Council discussion or action on reconsideration may occur unless the item is appropriately added to the agenda under Government Code section 54954.2(b) which addresses adding items that are not listed on a posted agenda, when immediate action is necessary. (See Rule Section 4.1b.) 2) Effect of Approval of Motion; Notice. If the motion to reconsider is made and approved at the same meeting at which the initial action was taken and all interested persons (including applicants, owners, supporters, and opponents) are still present, the matter may be reconsidered at that meeting or at the next regular meeting or intervening special meeting (subject to the discretion of the maker of the motion) and no further public notice is required.

If the motion to reconsider is made and approved at the same meeting at which the initial action was taken but all interested persons are not still present, or if the motion is made and approved at the next regular meeting or intervening special meeting, the item shall be scheduled for consideration at the earliest feasible City Council meeting and shall be re-noticed in accordance with state law and the Municipal Code. In certain circumstances, a right may have vested after the initial decision, precluding reconsideration.
b. Reconsideration of Legislative or Other Non-Quasi-Judicial Actions. The City Council may rescind, repeal or amend its prior legislative or other non-quasi-judicial actions (unless precluded from doing so under applicable laws) at any regular or special meeting of the City Council. Noticing and scheduling of such actions shall be consistent with Rule Section 4 (Meeting Agenda: Preparation and Contents) and any required notice provisions.

COUNCIL/ADMINISTRATIVE POLICY

CITY OF BRENTWOOD
Subject:

Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 10 of 10
Revision History
Date Resolution
11/13/2001 2399 adopted policy
04/27/2004 2004-97 amended Rules 1-27 added rules 28-36 05/25/2005 2005-260 deleted Rule 8
04/11/2006 2006-73 deleted Rule 36
01/23/2007 2007-15 added Rule 13A
10/09/2007 2007-225 amended Rule 13A
05/24/2011 2011-67 deleted a portion of Rule 32 & amended Rule 28H 01/22/2013 2013-11 amended Rule 26 Priority of Business 12/10/2013 2013-174 amended Rule 35 in its entirety
12/09/2014 2014-182 amended Rule 13 A
6/14/2016 2016-74 Re-adopting new Meeting Rules and Procedures 12/12/2017 2017-162 Quorums and reconsideration of matters by City commissions 10/10/2023 2023-123 – Amended Rule 3.2 and 5.2

Attachment 2
Hate Speech Statements
Option 1 – Under the Brown Act, public comment for matters on the agenda must relate to that agenda item and public comments for matters not on the agenda must relate to the subject matter jurisdiction of this legislative body. This is a warning that if a member of the public attending this meeting remotely or in-person fails to comply with these requirements of the Brown Act, then the Mayor or Chair may request that speaker be muted. If a member of the public attending this meeting in-person engages in disruptive behavior that disturbs the orderly conduct of the meeting, they may be removed from the meeting after a warning, pursuant to Council Policy 110-

1. Option 2 – Read at the beginning of the meeting
The City strongly denounces hate speech and does not tolerate disruptive behavior in our meetings. Brentwood prides itself on the rich diversity of our residents. We are committed to creating a culture of belonging where members of our diverse community feel included, safe, and respected.

This Council meeting is considered a “limited public forum,” which means the Council can regulate the time, place, and manner of speech to prevent our meetings from being disrupted. This protects the rights of other speakers, and ensures the Council can accomplish its business in a reasonably efficient manner.

Speaker comments must be limited to the agenda item being considered by the Council or, for matters not on the agenda, comments must relate to the subject matter jurisdiction of this legislative body.

The Mayor or Chair will make a determination as to whether a speaker’s comment is related to an agenda item being considered by this body.

If a speaker does not comply, the Mayor or Chair will rule the speaker out of order.

The Mayor or Chair will not rule speech out of order because the Mayor or Chair disagrees with the content of the speaker’s speech.

Specific statement when Speaker is out of order:

This speaker is out of order, as the speaker is not commenting on the agenda item being considered by the Council.

Statement if Speaker uses derogatory language or hate speech:

The City strongly denounces hate speech and does not tolerate disruptive behavior in our meetings. Brentwood prides itself on the rich diversity of our residents. We are committed to creating a culture of belonging where members of our diverse community feel included, safe, and respected. If members of the public or staff would

like to leave the Council chambers, they may do so at this time, so as not to be subject to hate speech.

Specific statement to call for a recess to provide a break or consult with staff:

At this time, the meeting will recess until X:XX a.m./p.m. or for XX minutes.

Option 3 -- Brentwood City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.

CITY COUNCIL/SUCCESSOR AGENCY AGENDA ITEM NO. I.2
09/24/2024
SUBJECT: Request for Proposals for Purchase of the Former CD Manufacturing Building (400 Guthrie Lane)
DEPARTMENT: City Manager’s Office
STAFF: Darin Gale, Assistant City Manager
Ricardo Noguera, Economic Development Manager
Abraham Salinas, Senior Analyst

TITLE/RECOMMENDATION
Adopt a Resolution approving and authorizing the Executive Director, or designee to issue a request for proposals for the sale of Successor Agency-Owned Property located at 400 Guthrie Lane.

City staff is responding to the City Council's direction to solicit proposals from qualified developers and businesses to sell the property as required by state law. The goal is to find a suitable party to acquire and renovate the building for industrial and/or office uses generating employment.

FISCAL IMPACT
There is no fiscal impact associated with soliciting the Request for Proposals (RFP) and offering the property for sale at this time, and the fiscal impact at the time of the sale is unknown at this time. Prior to presenting a sale price to the full City Council for consideration, the City will obtain a Broker’s Price Opinion (BPO) to determine the property's fair market value. As this is a Successor Agency-owned property, most of the revenue fr20,om the sale will be allocated to the appropriate taxing entities, with the City’s General Fund expected to receive only approximately 16% of the total sale revenue.

BACKGROUND
The CD Building is located at 400 Guthrie Lane, and consists of 20,278 square feet of office and industrial space. The property originally served as a Compact Disc (CD) manufacturing facility until operations ceased shortly after the year 2000. In September 2003, the City Council authorized the purchase of the former CD building as part of an overall transaction to acquire 9100 Brentwood Boulevard for use as the City’s Police Facility.

CITY COUNCIL/SUCCESSOR AGENCY AGENDA ITEM NO. I.2
09/24/2024
The former CD Building was then transferred to the Brentwood Redevelopment Agency for future development potential. With the dissolution of Redevelopment Agencies in California, the property is now owned by the Brentwood Successor Agency, and is obligated to sell the property for the benefit of the taxing entities in the City.

Currently, the building offers limited parking with 16 stalls and has other issues that might restrict its potential uses. However, the building and space that was not occupied by the Police Department has been utilized for various purposes, including month-to-month use agreements with community groups and businesses, and temporary storage of City property.

PRIME LOCATION AND POTENTIAL USES
The property is located across from the Harvest Commerce Center, near Brentwood Boulevard—a major north-south arterial on the eastern end of the city. This prime location offers a future owner the potential to renovate the building for a variety of uses. The building, equipped with a 2,200 amp electrical service, 20-foot ceilings, and a 12,000 sq. ft. clear-span area (i.e., open, with no columns) can be converted for single-purpose or multi-use light industrial, manufacturing, or office purposes.

The intended and preferred future owner and/or occupant of this property is a privately owned and operated business that will contribute to employment opportunities and generate tax revenue for the city.

Potential uses for the property to maximize property tax valuation and higher wage job generation include:

1. Light Industrial and Manufacturing: The building's robust electrical capacity makes it ideal for light industrial activities, such as electronics assembly, advanced manufacturing, contractor-related operations, small-scale fabrication, or other manufacturing operations.

2. Office Space: Given the high demand for office space in the city, the building can be transformed into modern office suites suitable for tech companies, professional or medical services, or creative industries.

3. Mixed-Use Development: The property can be developed into a mixed-use facility combining office and light industrial spaces, providing flexibility for businesses requiring both administrative and operational areas.

4. Research and Development: The electrical capacity and location make it a good candidate for R&D facilities, particularly for companies in the technology or life sciences sectors.

CITY COUNCIL/SUCCESSOR AGENCY AGENDA ITEM NO. I.2
09/24/2024
Given the strong demand for light industrial and office spaces citywide, coupled with consistently low vacancy rates, the City is seeking an experienced owner/business to acquire and transform the property into a site that will deliver significant economic benefits to Brentwood.

SURPLUS LAND ACT PROCESS
In 2020, the former CD manufacturing building, along with 13 other properties, was declared as surplus. The City disposition or sale of surplus real property procedures are governed by the California Surplus Lands Act (SLA) (Government Code 54220 et seq.) and the Agency disposition procedures are governed by the California Redevelopment Dissolution Law (California Health & Safety Code section 34170 et seq). Final decisions regarding the disposition of City-owned real estate rest with the City Council, whereas for Successor Agency-owned parcels, the State of California’s Department of Finance has the final authority. Additionally, with Successor Agency parcels, the Successor Agency is prohibited from restricting or conditioning the sale of the property for a specific type of use.

In May 2023, the City Council updated the Council/Administrative Policy No. 10-20 (Attachment 3), which provides detailed guidelines for the sale of City and Successor Agency-owned property. Staff has adhered to the SLA process and is now moving forward with the disposition of the property in accordance with City Council/Administrative Policy 10-20.

The Request for Proposals (RFP) included as Attachment 4, provides further details regarding the building, scoring criteria, and selection process. If approved by the City Council, the following process will be followed to facilitate the sale of the property:

1. Staff will publish and advertise the RFP to interested parties, including listing on the multiple listing service (MLS) and through the city’s economic development contacts.

2. Proposals will be due within sixty (60) days of release.

3. A City staff selection committee will review received submittals and finalists will be interviewed.

4. Staff will present the selected proposal and present a Purchase and Sale Agreement (PSA) to the full City Council for consideration.

5. If approved, staff will forward the PSA to the County Oversight Board for consideration. Subsequently, the agreement would be reviewed and finalized by California’s Department of Finance.

CITY COUNCIL/SUCCESSOR AGENCY AGENDA ITEM NO. I.2
09/24/2024

CITY COUNCIL STRATEGIC INITIATIVE
This action supports the FY 2022/23 – 2023/24 Strategic Plan Initiatives, Focus Area 3 - Economic Development:

1.a. Encourage private – reinvestment through the sale of Successor Agency and City owned real properties.

1.b. Incentivize higher tier, unique business and development to the Brentwood Blvd. and Downtown areas.

PREVIOUS ACTION
Previous Action by the City Council/Successor Agency 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.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Council/Administrative Policy No. 10-20

4. Request for Proposals (RFP)

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 December 14, 2010, City Council, by way of Resolution No. 2010-176, adopted Council/Administrative Policy No. 10-20, Disposition of City/Agency Real Estate to provide guidance for the disposition of excess or surplus real estate owned in fee title by the City of Brentwood (“City”) or the former City of Brentwood Redevelopment Agency (“Agency”).

On February 9, 2016, the City Council adopted Resolution No. 2016-11 to approve the FY 2016/ 17 and FY 2017/ 18 City of Brentwood Strategic Plan, including Strategic Initiative 4.1.f., preparation of a City- owned Parcels Plan.

On November 13, 2018, the City Council adopted Resolution 2018-153 approving an agreement with Carpenter/ Robbins Commercial Real Estate, Inc. to prepare and complete a City-owned Parcels Plan in an amount not to exceed $73,033 and amending the 2018/19 Operating Budget.

On July 14, 2020, the City Council adopted the Amended City of Brentwood Strategic Plan for FY 2020/ 21 — FY 2021/22, which include Strategic Priorities to facilitate development and encourage investment and implement the City's Economic Development Action Plan.

On October 13, 2020, the City Council adopted Resolution 2020-132 declaring certain real property as surplus and authorizing the City or designee to provide notification to required parties under state law and offer the properties for sale.

On May 23, 2023, the City Council adopted Resolution 2023-62 amending City Council Administrative Policy No. 10-20, Disposition of City/Agency Real Estate, which updated the City’s guidelines for disposal of real property.

RESOLUTION NO. 2024-XX-SA

A RESOLUTION OF THE SUCCESSOR AGENCY BOARD TO THE

BRENTWOOD REDEVELOPMENT AGENCY AUTHORIZING THE

EXECUTIVE DIRECTOR OR DESIGNEE TO ISSUE A REQUEST FOR

PROPOSALS REGARDING THE SALE OF THE REAL PROPERTY
LOCATED AT 400 GUTHRIE LANE.

WHEREAS, On December 14, 2010, City Council, by way of Resolution No:
2010-176, adopted Council/Administrative Policy No. 10-20, Disposition of City/Agency Real Estate to provide guidance for the disposition of excess or surplus real estate owned in fee title by the City of Brentwood (“City”) or the former City of Brentwood Redevelopment Agency (“Agency”); and
WHEREAS, On July 14, 2020, City Council adopted the Amended City of Brentwood Strategic Plan for FY 2020/21 – FY 2021/22 which include Strategic Priorities to facilitate development and encourage investment and implement the City’s Economic Development Action Plan; and
WHEREAS, on October 13, 2020, by way of Resolution No. 2020- 132, the City Council approved a resolution declaring certain real property as surplus and authorizing the city manager or designee to provide notification to required parties under State Law and offered the properties for sale; and WHEREAS, Government Code 54220 et seq. and AB 1485 require certain actions by a public agency to surplus real property, which may but is not limited to notifying public agencies and affordable housing developers of the availability of the real properties and provide a 60-day period to consider making an offer to purchase a property or properties; and
WHEREAS, the Successor Agency to the Redevelopment Agency of the City of Brentwood is the owner in fee simple of certain real property known as the former CD Manufacturing Building located at 400 Guthrie Lane, Brentwood, California 94513, Assessor Parcel Number 010-160-035, consisting of 55,669.68 square feet on 1.278 acres (the “Property”); and
WHEREAS, the sale and potential development of surplus property will provide fiscal and economic benefits for the City and community.

NOW, THEREFORE BE IT RESOLVED that the Successor Agency Board to the Redevelopment Agency of the City of Brentwood does hereby resolve as follows:

Authorize the Executive Director, or designee, to issue a Request for Proposals, marketing the Real Property located at 400 Guthrie Lane for sale, and to receive any proposals submitted in response on behalf of the Successor Agency Board to the Redevelopment Agency of the City of Brentwood.

PASSED, APPROVED AND ADOPTED by the Successor Agency Board to the Redevelopment Agency of the City of Brentwood at a regular meeting held on the 24th day of September 2024 by the following vote:

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Disposition of City/Agency Real
Estate
Policy No: 10-20 Date: 05/23/2023
Resolution No: 2023-62 Page 1 of 3

CITY OF BRENTWOOD

1. PURPOSE
It is the purpose of this policy to provide guidance for the disposition of excess or surplus real estate owned in fee title by the City of Brentwood (“City”) or the City of Brentwood Successor Agency (“Agency”). The City disposition procedures are governed by the California Surplus Lands Act (California Government Code section 542200 et seq.) (the “SLA”) and the Agency disposition procedures are governed by both the SLA and the California Redevelopment Dissolution Law, California Health & Safety Code section 34170 et. seq. (the “Dissolution Law”)

2. POLICY
This policy provides guidance on the disposition of real estate. Real Estate is defined as any parcel owned in fee title by the City or Agency. All final decisions on the disposition of City and Agencyowned real estate is reserved for the City Council. For Successor Agency-owned parcels, the County-wide Oversight Board makes all final decisions, subject to review by the State Department of Finance. All other non-real estate assets are governed by the Council / Administrative Policy 10-07, Purchasing.

3. CITY REAL ESTATE

3.1 GENERAL GUIDELINES

3.1.1 In accordance with Section 54221(b)1) of the SLA, prior to the disposition of City owned real estate, the property must be declared surplus or exempt surplus land by the City Council of the City of Brentwood, during a regular public meeting.

3.1.2 The City will comply with the requirements of the SLA as they may be amended from time to time, in seeking to dispose of City owned real estate.

3.1.3 In the event the City complies with the requirements of the SLA and the SLA Guidelines, but does not dispose of the property, the City may pursue alternative means of disposition as set forth in this policy.

3.1.4 Disposition methods following completion of the SLA process may include:

Requests for Proposals (RFPs), Auction, Negotiated Sale or Exchange in order to maximize the benefit to the taxpayers.

3.1.5 The City shall optimize the benefit of the disposition of City-owned excess or surplus real estate based on relevant factors including:

3.1.5.1 The value of the real estate based on an appraisal or brokers opinion of value, as appropriate, which is no more than 12 months old at the time the sales agreement is presented to the City Council, except that an appraisal will not be needed on real estate that does not exceed $200,000 in value based on fair market value supported by a written report from staff.

3.1.5.2 The City is required to follow applicable State laws related to disposition of surplus property at the same time of disposition. Any

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Disposition of City/Agency Real
Estate
Policy No: 10-20 Date: 05/23/2023
Resolution No: 2023-62 Page 2 of 3

CITY OF BRENTWOOD
special benefits to accrue from the sale or exchange.

3.1.6 Generally, the City shall represent itself in real estate transactions; however, the City may from time to time authorize a brokerage agreement for the disposition of real estate. In such cases, the brokerage fee shall be as specified in the agreement between the City and the broker. The selection of a real estate broker to provide real estate services shall be subject to the Council / Administrative Policy 10-07, Purchasing.

In certain circumstances when a broker is not under contract with the City, the City, in its sole discretion, may negotiate and pay a real estate brokerage fee for qualified representation of a party purchasing City real estate (“broker participation”). In no case shall the broker participation exceed one-half of the generally accepted local brokerage fee for the type of real estate being sold.

When the amount of purchase price offered is a criterion for selecting a purchaser in competitive situations, the selection will be based on the highest net purchase price, without taking into account any brokerage fees involved in the competition/evaluation. When such broker participation is contracted by the City, it shall be subject to all of the following:

3.1.6.1 The party represented by the broker shall provide written certification that the broker represents said party; and

3.1.6.2 The broker shall provide written certification that broker is not an employee of said party; and

3.1.6.3 The broker shall possess a valid California real estate broker license.

3.2 PROCESS

3.2.1 Staff will prepare a report for the City Council’s or Agency’ consideration recommending the declaration of certain stated real estate as surplus real estate.

3.2.2 The City will comply with the SLA and any other applicable guidelines or regulations as determined with the City Attorney’s office.

3.2.3 Since it is generally not in the City's best interest for a real estate transaction to be negotiated in open session, pursuant to Section 54956.8 of the Government Code, the City Council may discuss either approval, disapproval, or continuation for further negotiation or study any recommendation regarding the disposition of City real estate in closed session. Any final action, however, shall occur in open session and comply with the California Environmental Quality Act and shall disclose the revenue from any sale and the appraised value of the real estate involved in accordance with the Ralph M. Brown Act, California Government Code section 54950 et seq.

3.3 PAYMENT FOR CITY SURPLUS REAL ESTATE
Sales of real estate shall be on an all cash basis, or on such other terms that in the

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Disposition of City/Agency Real
Estate
Policy No: 10-20 Date: 05/23/2023
Resolution No: 2023-62 Page 3 of 3

CITY OF BRENTWOOD
discretion of the City Council results in the optimum public benefit.

3.4 USE OF PROCEEDS
Proceeds from sales shall be assigned to the appropriate fund, as follows:
• To enterprise accounts if the real estate was purchased using these funds. • To the General Fund, or other funds, if required by law. • As directed by the City Council.

3.5 COSTS ASSOCIATED WITH THE DISPOSITION OF REAL ESTATE Unless otherwise directed, the costs associated with the disposition of surplus real estate shall be charged to the appropriate fund(s). Expenditures for this purpose will be budgeted as part of the normal budgeting cycle or budget amendment process if needed. If the real estate is owned by a fund other than the General Fund, the fund may be reimbursed for the costs associated with purchasing, managing, maintaining and disposing of surplus or excess real estate.

4. AGENCY OWNED REAL ESTATE
With the passage of the 2011 Budget Act (AB x1 26), the State of California eliminated Redevelopment Agencies (RDAs) and RDAs were officially dissolved as of February 1, 2012. As part of the dissolution law former RDAs are required to sell their assets “as is” and “expeditiously and in a manner aimed at maximizing value.” The County-wide Oversight Board is required to approve disposition of Agency-owned properties, with all Oversight Board decisions being subject to review and approval by the State of California’s Department of Finance. The Successor Agency must also comply with the SLA prior to disposition of former RDA property.

Once the Successor Agency Board takes action in support of the disposition of a property, a resolution is forwarded to the County Oversight Board for consideration and approval prior to Department of Finance ultimately approving or denying the transaction.

Request for Proposals (RFP)
Former CD Manufacturing/Warehouse
Building – City-Owned Property
400 Guthrie Lane, Brentwood CA 94513
For More Information Contact:

C/O: Ricardo Noguera, Economic Development Manager
City of Brentwood - Economic Development Office
925-516-5118 or 925-516-5440
[email protected]
Proposal Packages Due By 5:00PM PDT
[Date TBD] by Email to [email protected]
Cc: [email protected]

A. Development Opportunitty
The City of Brentwood, California (“City”) is soliciting proposal offers from interested parties for the purchase and renovations of an existing 20,278 square foot, warehouse/manufacturing building on a 1.28 acre (55,670 square feet) parcel within the “Harvest Commerce Center”, APN 010-160-035, located immediately east and adjacent to the Brentwood Police Department Headquarters. This facility is located just off Brentwood Boulevard, a major north-south arterial running along the eastern end of the city. Brentwood Boulevard at one time served as the primary arterial from Pittsburg eastward to the Delta. The Brentwood Boulevard Corridor continues to serve as the entryway to the city from eastern communities such as Mountain House, Tracy and Manteca.

The property presents an excellent opportunity for an owner or developer to renovate and convert the building for light industrial, manufacturing, or multi-tenant office use. With the City's low vacancy rates and high demand for these spaces, the site is well-positioned for redevelopment.

The City seeks an experienced developer or business to acquire and transform the property into a hub for employment-generating sectors such as technology, advanced manufacturing, light industry, healthcare, or professional services. Interior renovations, including HVAC and electrical upgrades, are required. As part of the RFP process, City staff will conduct a walkthrough and provide on-site inspections.

B. About Brentwood
Brentwood continues to be a location of choice for families in the San Francisco Bay Area seeking a high quality of life and reasonably priced housing within a safe and family focused community.

Brentwood benefits from its presence in the San Francisco Bay Area, including major job centers

in the East Bay Area. Several thousand technology and healthcare workers reside in Brentwood.

The City currently contains three business parks: Sunset Industrial Park, Sand Creek Business Park and the Harvest Commerce Center; all with single digit vacancies. The City is also embarking on the implementation of the Innovation Center; a 260-acre town center development straddling Highway 4. Over the coming years, the City envisons a mix of technology, light industry, mixeduse and multi-family developments being developed.

The community also offers unique agri-tourism experiences, a quaint and thriving downtown, exceptional parks and recreational facilities and easy access to various tourism activities such as the California Delta, Mt. Diablo State Park and other regional amenities. Brentwood is home to 66,789 residents and growing, with a regional trade market of 300,000 individuals within a 30 minute drive time. Average household income in Brentwood is $148,000, with 58% of Brentwood households earning in excess of $100,000 annually. Residents with some level of college attainment or above is 73% and 45% have an Associate’s degree or higher. Median single home value is estimated at $855,000.

C. The Property
The property originally served as a Compact Disc (CD) manufacturing building along with the adjacent building which is now the headquarters of the Brentwood Police Department. It is located within the Harvest Commerce Center, which consists of a mix of light industrial and commercial uses.

Key aspects of the property include:

 Height: 20 foot clear height in the interior and can be used for a variety of uses from office to light industrial and manufacturing;
 Interior Space: Approximately 20% of the existing space is reserved for office but can be expanded. The exisiting building can be divided to support multiple tenants, one business or multiple uses;
 Power: Access of up to 2,200 amps of power. There is an existing system of compressed air lines in the building, however prospective buyer will need to determine its functionality further;
 Parking: A total of sixteeen (16) onsite parking stalls. Accridng to the City’s zoning code, light industrial or manufacturing uses require 1 parking stall per 1,000 square feet of space, which equates to 20 stalls for this building. Office uses, however, require 1 stall per 250 square feet, resulting in a total of 80 parking stalls. A new owner may increase on-site parking by removing some of the existing landscaping. Additionally, the City is considering the installation of diagonally striped on-street parking along Guthrie Lane. The construction of any additional on-site parking will be the financial responsibility of the buyer;
 Rear Access: Access to the rear of the site is limited with exception to a small gate and cannot be accessed by a vehicle. The building is situated near the property line on the east with residential development immeditately adjacent to the property;  Adajecent Uses: The east and south sides of the property are adjacent to residential uses, the Brentwood Police Department is to the west, and Harvest Center Development is to the north.

The property is located along the Brentwood Boulevard Corridor which extends from north to south. Balfour Road is located less than one half mile north of the site and connects the site to Highway 4. Driving south from the site along Brentwood Boulevard provides access to Vasco Road leading to Livermore and Highway 580.

1. Street Address: 400 Guthrie Lane, Brentwood, CA 94513

2. APN: 010-160-035

3. Current Owner: City of Brentwood (former Successor Agency property)

4. Year of Construction: 1996

5. Lot size: 1.28 acres; 55,757 square feet

6. Building Size: 20,278 square foot 1-story

7. Office Space: 6,800 square feet

8. General Plan Designation: Brentwood Boulevard Specific Plan

9. Zoning: Brentwood Boulevard Specific Plan – PD12

10. FEMA Flood Zone: Zone X

11. Utilities: City provided wet utiltiies including water, sewer, storm drain in use. Electric and gas utiltiies are provided by Pacific Gas & Electric (PG&E).

12. Parking: 16 onsite parking stalls

Subject Site
Floor Plan

Rear Interior
Northeast Access
Garage Door

D. Request for Proposals (RFP)
The City of Brentwood is seeking written proposals from prospective buyers to acquire, and renovate the building for an industrial or commercial project that aligns with the City’s vision for a commercial corridor.

Contents of Written Proposal Submittal
Respondents are encouraged to provide all information requested in this RFP and address them in the following order:

A. Letter of Intent (LOI) from Respondent containing the following:

1. Competitive Offer Price

2. Project Narrative including number of full-time jobs projected

3. Acceptance of the Property in As-Is Condition, subject to due diligence and delivery of clear and free fee title by Seller.

4. A clause that no brokerage fees will be due to Buyer’s agent. City shall selfrepresent as Seller. This is a Successor Agency owned property.

5. Due Diligence Period (90 Days).

6. Conditions to Close. This transaction will require approval from the Brentwood City Council; Contra Costa County Oversight Board and State Department of Finance.

7. Provide statement whether Respondent (or an agent on behalf of Respondent) has made any political contribution(s) totaling more than $250 to any City Officer, such as the Mayor and/or Councilmembers, in the twelve (12) months preceding the date of the submission of this Proposal.

B. Statement of qualifications including previous project or business experience, which may include office/industrial type developments and other uses outlined in the RFP. Must include a description of the buyer’s proposed ownership structure.

C. Proposed project goals and development type including a preliminary site plan, floor plan and project description.

D. Three (3) professional references for projects previously completed, or business partners previously collaborated with.

For inquiries regarding this solicitation, please contact Ricardo Noguera, Economic Development Manager at 925-516-5118 or 925-516-5440, [email protected] and carbon copy (cc) [email protected].

The City will host a voluntary walk through of the property. [Date TBD].

Submittal Process
Formal written proposals are due by 5:00PM Pacific Daylight Time on [Date TBD] by email to [email protected], with a carbon copy (cc) to [email protected]
Following receipt of written proposals, the City of Brentwood may choose to conduct interviews with any or all of the respondents. City staff will recommend a finalist to the City Council for selection. The City Council will then consider and ultimately approve the selection of a company or developer. The selected developer or company will then have up to ninety (90) days to conduct