Agenda packet, second session — Brentwood City Council, December 10, 2024 (part 2 of 7)

17 Development Impact Fee Report
Description FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24

REVENUES
Fees 280,710 $ 52,843 $ - $ - $ - $
Interest 313,924 15,094 59,776 - -
Other Revenues - - 351,295 (1) - -
Total Revenues 67,937 594,634 411,071 - -

EXPENDITURES
Expenditures 27,051 18,172 7,170,696 - -
Total Expenditures 18,172 27,051 7,170,696 - -

REVENUES OVER (UNDER)
EXPENDITURES 49,765 567,583 (6,759,625) - -
Fund Balance, Beginning of Year 6,709,860 6,142,277 6,759,625 - - Fund Balance, End of Year $ 6,759,625 6,709,860 $ - $ (4) $ - (4) $ - (4) Revenue Available:

Current Fiscal Year 594,634 $ 67,937 $ - $ - $ - $
Prior Fiscal Year (2-yr Old Funds) 578,394 594,634 - - - Prior Fiscal Year (3-yr Old Funds) 359,824 578,394 - - - Prior Fiscal Year (4-yr Old Funds) 482,093 359,824 - - - Prior Fiscal Year (5-yr Old Funds) 466,711 482,093 - - - In Excess of Five Prior Fiscal Years 4,228,204 (3) 4,676,743 (3) - - - Total Revenue Available 6,709,860 $ 6,759,625 $ - $ (4) $ - (4) $ - (4) Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
(3)
(4)
Other revenues include transfers associated with the closure of a CIP project.

In using the revenue and expenditure reports to report fees that have been held past the fifth year of first deposit, the total revenues received over the five-year period must be subtracted from the ending fund balance. Any fund balance in excess of the prior five years' revenue must have findings reported in accordance with Government Code 66001 (d). See pages 6 to 7.

The Fire DIF Fund reports funds being held past the fifth year of first deposit.

During FY 2021/22, all funds were transferred to ECCFPD.

Five-Year Revenue Test Using First In First Out Method (2) Fire Development Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years

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18 NOTES TO THE DEVELOPMENT IMPACT FEE
REPORT

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19 Notes to the Development Impact Fee Report
The Notes address two items required by California Government Code Section 66006 (b). First, Notes #1 to #4 provide information on any interfund transfer or loan made from a DIF account or fund, including the public improvement on which the transferred or loaned fees will be expended. In the case of an interfund loan, the date on which the loan will be repaid and the rate of interest the account or fund will receive on the loan is also provided. Second, Note #5 provides information on the amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.

NOTE # 1 – BONDS
A. WATER REVENUE REFUNDING BONDS SERIES 2014
On December 4, 2014, the Authority issued $42,810,000 in Water Revenue Refunding Bonds Series 2014 to (1) refund a portion of the Authority’s Water Revenue Bonds, Series 2008 and (2) pay costs of issuance incurred in connection with the issuance, sale and delivery of the 2014 Water Bonds, with interest rates ranging from 3.0 to 5.0%.

During FY 2023/24, the Water DIF Fund paid $674,194 in principal and interest payments on the obligation. Future payment obligations for the 2014 Water Bonds are as follows:

The Authority has pledged future water customer revenues, net of specified operating expenses, through 2038 to repay the 2014 Water Bonds.

On October 16, 2024, the Authority issued $26,855,000 in Water Revenue Refunding Bonds, Series 2024 (“2024 Water Bonds”) to 1) refund the Authority’s Water Revenue Refunding Bonds Series 2014 and 2) pay costs of issuance incurred in connection with the issuance, sale and delivery of the 2024 Water Bonds. The refunding reduced the total debt service payments over 14 years by $4,185,085 and resulted in an economic gain (difference between the present values of the debt service payments on the old and new debt) of $3,546,868. Total annual debt service payments, at a 5.0% rate, range from $3,221,115 to $2,546,250.

B. CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS SERIES 2021 A & B (ROADWAY) On January 11, 2012, the Authority issued $24,060,000 in Brentwood Capital Improvement Revenue Refunding Bonds, Series 2012. A portion of the original bond issuance, $5,940,000, is attributable to the refinance of the 1996 Roadway Bonds. Proceeds from the 1996 bonds were used to fund a portion of Balfour Road; Oak Street; O’Hara Avenue; Sand Creek Road; Lone Tree Way; Griffith Lane; the Walnut Year Ending
June 30 Principal Interest Total
2025 612,904 $ 61,290 $ 674,194 $
2026 612,904 61,290 674,194
2027 612,904 61,290 674,194
2028 612,904 61,290 674,194
2029 612,904 61,290 674,194
2030-2034 3,064,519 306,451 3,370,970
2035-2038 2,451,615 245,161 2,696,776
Total $ 858,062 8,580,654 $ 9,438,716 $

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20 Notes to the Development Impact Fee Report
Boulevard extension and the Sand Creek Road extension. Total future annual debt service payments to be paid by the Roadway DIF Fund, including interest at 5.00% to 5.375%, range from $404,125 to $407,500. During FY 2023/24, the Roadway DIF Fund paid $405,000 in principal and interest payments on the obligation. Future payments for these bonds are as follows:

On November 2, 2021, the Authority issued $14,450,491 in Capital Improvement Revenue Refunding Bonds Series 2021A (tax exempt) and 2021B (taxable) in a direct purchase with City National Bank to finance the refunding of the 2012 Capital Improvement Revenue Refunding Bonds. The proceeds were used to refinance the existing Brentwood Infrastructure Financing Authority Capital Improvement Revenue Refunding Bonds Series 2012, including the portion of the issuance attributable to the refinance of the 1996 Roadway Bonds. The refunded 2012 bonds were issued to: 1) finance the refund of the 2001 CIP Bonds under a facilities lease and 2) refund a series of tax allocation bonds issued by the Brentwood Redevelopment Agency. The Brentwood Family Aquatic Complex is pledged as collateral for the 2021 bonds and the interest rates on these bonds range from 0.63% to 1.35%.

The bonds are repayable from any source of the City’s available funds and a portion will be funded from the Roadway Development Impact Fee Fund and prior bond refinance savings.

NOTE # 2 – NOTES PAYABLE
A. State Water Resources Loan (Recycled Water Projects) In July 2017, the City entered into a loan and grant agreement with the State of California’s State Water Resources Control Board for a not-to-exceed amount of $20,802,000 to fund the City’s Recycled Water Projects, which consists of two projects: the Non-Potable Storage Facility, and Citywide Non-Potable Water Distribution System. Project financing consists of a SRF loan and grant funding in the amounts of $14,596,500 and $6,205,500, respectively.

Certain terms of the agreement were amended in September 2018, under which the City was to start construction no later than June 25, 2018, and amended again in March 2021, under which the construction was to be completed by June 30, 2022 and final disbursement request completed by December 30, 2022. Construction on the project began December 2017 and final disbursements were received during FY 2022/23. The loan bears annual interest of 1.0%, which begins accruing with each financing disbursement. During FY 2022/23 accrued construction period interest, in the amount of $235,434, was recorded as principal, resulting in total principal due to the State of $14,831,934. As of June 30, 2024, the City’s gross repayment obligation was $13,959,450. The Wastewater DIF Fund is responsible for 50% of principal and interest payments. During FY 2023/24, the Wastewater DIF Fund’s principal and interest paid on this loan was $287,037. Future payment obligations for this loan are on the following page:

Year Ending
June 30 Principal Interest Total
2025 360,000 $ 47,500 $ 407,500 $
2026 375,000 29,125 404,125
2027 395,000 9,875 404,875
Total $ 86,500 1,130,000 $ 1,216,500 $

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21 Notes to the Development Impact Fee Report
B. State Water Resources Loan (Wastewater Treatment Plant Expansion – Phase II Project) In December 2019, the City entered into a loan agreement with the State of California’s State Water Resources Control Board for a not-to-exceed amount of $65,102,000 to fund the City’s Wastewater Treatment Plant Expansion – Phase II Project. Project financing will consist of a State Revolving Fund loan of a not-to-exceed amount of $61,246,000 and a principal forgiveness component of $3,856,000.

Certain terms of the agreement were amended in April 2021, under which the City was to have construction completed by December 30, 2024. Construction on the project began in September 2020. The loan bears annual interest of 1.3%, which begins accruing with each financing disbursement. Beginning one year after completion of construction, repayment of the loan principal plus interest will be made annually according to the final payment schedule provided by the state.

As of June 30, 2024, the City has incurred $50,625,736 of eligible project costs and financing disbursement requests have been submitted to the State. During FY 2023/24 accrued construction period interest, in the amount of $916,652, was recorded as principal, resulting in total principal due to the State of $51,540,388. Of this amount, $3,856,000 was allocated by the State as loan forgiveness in FY 2020/21, and the net amount of the note payable is $47,684,388. The Wastewater DIF will be responsible for 69% of the total loan repayment costs. Additionally, the Wastewater DIF is allocated 69% of the loan forgiveness.

NOTE # 3 – DEFERRED DEVELOPMENT IMPACT FEES
A. SILENT SECOND
In April 2002, the City established the Police Officer Recruitment Incentive Program (Silent Second).

Under this program, the City deferred a portion of the DIFs on a single family home for an officer who purchased a new home in the City of Brentwood. The DIF Funds receive payment for these deferred development fees at a rate of 5% of the original deferral amount per year over 20 years. The General Fund is obligated to make the annual 5% payments unless the officer’s employment with the City is terminated prior to full repayment of the deferred DIFs, at which time the remaining balance is immediately due and payable by the officer. The program is now closed to new applicants and will terminate once all of the existing loans have been paid. As of June 30, 2024, the gross repayment obligation to the Water DIF Fund totaled $4,610. During FY 2023/24, the Water DIF Fund received $1,425 in payments on deferred fees.

Year Ending
June 30 Principal Interest Total
2025 217,240 $ 69,797 $ 287,037 $
2026 219,412 67,625 287,037
2027 221,607 65,431 287,038
2028 223,823 63,215 287,038
2029 226,061 60,976 287,037
2030-2034 1,164,669 270,518 1,435,187
2035-2039 1,224,078 211,107 1,435,185
2040-2044 1,286,519 148,667 1,435,186
2045-2049 1,352,144 83,041 1,435,185
2050-2052 844,172 16,940 861,112
Total $ 1,057,317 6,979,725 $ 8,037,042 $

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22 Notes to the Development Impact Fee Report
B. COMMERCIAL, OFFICE & INDUSTRIAL
In 2000, the City enacted a Deferred Fee Payment Program for development fees associated with commercial, office and industrial development. This program allows for the deferral of a portion of the Water, Roadway, Wastewater, and Community Facility Fees. Highlights of the plan include payment of 10% of development fees at permit issuance with the remaining balance, including administrative and interest charges set at 4%, collected as a special assessment on the developer’s property tax bill. In 2009, the program’s repayment schedule was changed from ten years to five years. As of June 30, 2024, there are two developers with outstanding agreements.

NOTE # 4 – DEVELOPMENT REIMBURSEMENTS
A. DEVELOPMENT REIMBURSEMENTS
The Subdivision Map Act requires the City enter into a reimbursement agreement when a developer constructs excess improvements. Per the reimbursement agreement, the City shall reduce the DIFs collected from the developer, in the form of DIF credits, for the costs associated with the design, financing, construction and installation of the excess improvements. The value of credits does not increase for inflation nor do they accrue interest. As of June 30, 2024 the total value of credits was $1,232,978, after a total of $684,979 was used as credits and an additional $625,192 was added by agreements during FY 2023/24. Any unused credits from one development project may be transferred by a developer to another project located elsewhere in the City. Occasionally, credits exceed the fees attributable to the development and another development project is not available to which the excess credits can be transferred to. In these limited situations, the reimbursement agreement requires the City to make annual installment payments to the developer from like DIF funds and no other. Currently, there are two such outstanding agreements, as shown on the following page:

Balance Balance
Receivable Fund June 30, 2023 Payoffs June 30, 2024
Water Development Impact Fee 6,035 $ (1,425) $ 4,610 $
Total $ (1,425) 6,035 $ 4,610 $
Principal
Developer Receivable Fund Outstanding
Brentwood Walnut B, LLC Water DIF 4,671 $
Brentwood Walnut B, LLC Roadway DIF 17,429
Brentwood Walnut B, LLC Wastewater DIF 6,461
Brentwood Walnut B, LLC Community Facilities DIF 1,478
Rodda Electric Water DIF 12,971
Rodda Electric Roadway DIF 39,626
Rodda Electric Wastewater DIF 13,316
Rodda Electric Community Facilities DIF 97
Total $ 96,049

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23 Notes to the Development Impact Fee Report
NOTE # 5 – REFUNDS PAYABLE
A. REFUNDS OF DEVELOPER FEES
When the City no longer needs the funds for the purposes collected, or if the City fails to make required findings or perform certain administrative tasks prescribed by AB 1600, the City may be required to refund, on a prorated basis, to owners of the properties upon which the fees for the improvement were imposed, the monies collected for that project and any interest earned on those funds. At this time, all fees being collected pursuant to the DIF Program have been earmarked for current or future capital projects necessary to maintain the current levels of service within existing service areas to serve new development.

Credits
Developer Payable Fund Outstanding
Signature Homes Parks and Trails DIF 39,280 $
Lennar Homes Water DIF (3,132)
Lennar Homes Wastewater DIF (1,500)
Lennar Homes Roadway DIF (18,105)
Lennar Homes Parks and Trails DIF 162,823
Total $ 179,366

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24 DEVELOPMENT IMPACT FEE PROJECT

IDENTIFICATION

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25 Development Impact Fee Project Identification
The Development Impact Fee Project Identification table, on page 26, illustrates the following reporting requirements defined by California Government Code Section 66006 (b):
 An identification of each public improvement on which fees were expended and the amount of expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
 An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement.

All of the current projects including all funding sources and approximate dates of funding can be found in the 2024/25 – 2028/29 CIP budget on the City’s website at www.brentwoodca.gov.

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26 Development Impact Fee Project Identification
Project
Estimated
Construction
Estimated
Completion
Estimated
Project Budget Funding
Estimated
% of
Project
Funded
Did
construction
begin on the
date noted in Reason for change in
Current Projects Phase Start Date Date Cost (1) To Date (1) To Date (1) with Fees (2) previous report? construction start date Water Development Impact Fee
56420 Canal Replacement Cost Share - Segment 5 Construction 2022/23 2026/27 $ 2,405,259 5,870,952 $ 1,333,670 $ 41% Yes N/A56410 O'Hara Ave/Lone Tree Way Water Upgrade Preliminary 2025/26 2025/26 673,250 1,346,500 - 50% Yes N/A56415 Pump Station 2.4 Installation Preliminary 2025/26 2026/27 4,035,000 4,035,000 - 100% Yes N/A56320 Underground Water System Corrosion Mitigation Construction 2006/07 2024/25 272,666 469,216 272,666 58% Yes N/A 56421 Water Line Improvement - Kent Drive Design 2024/25 2024/25 670,000 335,000 335,000 50% No Adjusted timing due to availability of resources56417 Water Line Improvement - Pearson Drive/Foothill Drive Design 2024/25 2024/25 970,000 485,000 485,000 50% No Adjusted timing due to delays in right of way acquisition Total Water Development Impact Fee $ 8,206,175 13,361,668 $ 2,426,336 $ Roadway Development Impact Fee
31620 Brentwood Boulevard Widening North - Phase I Design 2020/21 2026/27 $ 3,140,127 10,199,000 $ 318,127 $ 31% Yes N/A31695 Innovation Center @ Brentwood Infrastructure Design 2018/19 2024/25 6,675,000 11,827,000 6,675,000 56% Yes N/A 31701 Lone Tree Way Roadway Improvements Design 2021/22 2025/26 7,600,000 18,563,336 3,450,836 41% Yes N/A31340 Lone Tree Way - Union Pacific Undercrossing Design 2020/21 2028/29 2,383,584 38,608,000 2,383,584 6% Yes N/A31700 Sand Creek Road Extension Construction 2021/22 2024/25 8,694,359 12,800,000 8,694,359 68% Yes N/A Total Roadway Development Impact Fee $ 28,493,070 91,997,336 $ 21,521,906 $ Parks and Trails Development Impact Fee
52446 Sand Creek Sports Complex Design 2024/25 2025/26 19,209,718 7,764,696 7,764,696 40% No Adjusted timing due to design phase has been extended and still in progress Total Parks and Trails Development Impact Fee $ 7,764,696 19,209,718 $ 7,764,696 $ Wastewater Development Impact Fee
Highland Way Wastewater Upgrade Preliminary 2028/29 2028/29 1,750,000 $ 175,000 $ - $ 10% No Adjusted timing due to changes in priority of this project 59140 Wastewater Treatment Plant Expansion - Phase II Construction 2018/19 2024/25 93,635,000 14,404,221 14,404,221 61% Yes N/A Wastewater Treatment Plant Headworks Rehabilitation Preliminary 2027/28 2027/28 2,000,000 700,000 - 35% No Adjusted timing and length of project due to expansion of project scope Wastewater Treatment Plant Tertiary Filter Expansion Preliminary 2025/26 2025/26 3,500,000 - 3,500,000 100% Yes N/A Total Wastewater Development Impact Fee $ 18,779,221 100,885,000 $ 14,404,221 $ Total Project Funding $ 46,117,159 63,243,162 $
(1)(2)
Project
Number
Development Impact Fees
Development Impact Fee Project Identification
As of June 30, 2024
Estimated Project Cost and Budget to Date amounts are from the 2024/25 - 2028/29 CIP . Funding to Date amounts are as of June 30, 2024. Budget to Date and Funding to Date include DIF amounts only. For information on additional funding sources please see the CIP.Estimated funding with DIFs may include funding that is anticipated to occur in future years and will be budgeted accordingly in future years' Capital Improvement Programs.

Construction

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CITY COUNCIL AGENDA ITEM NO. F.12
12/10/2024
SUBJECT: Combined Community Facility Facilities District (CFD) Annual Report for Special Taxes Levied for Fiscal Year 2023/24 DEPARTMENT: Finance and Information Systems
STAFF: Kerry Breen, Director of Finance and Information Systems Angela Ausemus, Accountant II

TITLE/RECOMMENDATION
The Combined Community Facilities District (CFD) Annual Report for Special Taxes Levied ensures compliance with Section 50075.3 of the California Government Code, which requires an annual report be filed with the Legislative body for voter approved special taxes. Staff recommends that the City Council receive and file the Combined Community Facilities District (CFD) Annual Report for Special Taxes Levied for Fiscal Year 2023/24.

FISCAL IMPACT
There is no fiscal impact associated with receiving the annual CFD report. For the fiscal year ended June 30, 2024, the City collected $8.4 million in CFD revenues, which was spent primarily on police services ($7.9 million), with the remaining amount spent on debt service and administrative costs. The CFD funds have a June 30, 2024 ending balance of $2.1 million.

BACKGROUND
CFDs are a special tax mechanism to provide funding for the increased cost of public services and facilities from the impact of new development. CFD taxes can be used to fund the following facilities and services:
 Public Protection and Safety,
 Community Amenities,
 Joint Use School Sites,
 Flood and Storm Drainage Improvements,
 Roadway Maintenance,
 Utility Undergrounding; and
 Open Space

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CITY COUNCIL AGENDA ITEM NO. F.12
12/10/2024
Historically, approximately 90% of the special taxes collected have been used to fund police services.

As a standard condition of approval, all new development is required to mitigate its own impacts. To meet this condition of approval, property owners must annex projects into a CFD prior to development. Once annexed into the CFD, special tax revenue is provided annually to fund the additional associated services and facilities costs.

California Government Code Section 50075.3 requires an annual report to be filed with the governing body for voter approved special taxes, including the total of all special taxes collected and expended. If requested by a property owner, Section 53343.1 Government Code requires that a detailed annual report be prepared for each CFD. Although no request has been received, the 2023/24 Combined CFD Annual Report, included as Attachment 2, satisfies the requirements of both of these Government Code Sections.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)

1. The Council may choose to not receive and file the annual report, however, compliance with Section 50075.3 of the California Government Code would not be met.

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CITY COUNCIL AGENDA ITEM NO. F.12
12/10/2024

ATTACHMENT(S)

1. Previous Action

2. FY 2023/24 Combined CFD Annual Report for Special Taxes Levied

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

On March 12, 2002, by Resolution No. 2489, the City Council approved Local Goals, Policies and Appraisal Standards Concerning the Use of the Community Facilities Act of 1982.

On May 14, 2002, by Resolution Nos. 2544, 2545 and 2546, the City Council established the formation of CFD No. 2.

On June 24, 2003, by Resolution Nos. 2907, 2908 and 2909, the City Council established the formation of CFD No. 3.

On November 9, 2004, by Resolution Nos. 2004-263, 2004-264 and 2004-265, the City Council established the formation of CFD No. 4.

On June 26, 2007, by Resolution Nos. 2007-152, 2007-153 and 2007-154, the City Council established the formation of CFD No. 5.

The City Council has taken numerous actions since 2002 to annex property into the various CFDs.

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150 City Park Way
Brentwood, CA 94513

COMBINED COMMUNITY FACILITIES

DISTRICT ANNUAL REPORT

FOR SPECIAL TAXES LEVIED
Fiscal Year Ended
June 30, 2024

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2 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied City Council as of June 30, 2024
Joel Bryant ......................................................................................................................................... Mayor Susannah Meyer ................................................................................................................... Vice Mayor Jovita Mendoza .......................................................................................................... Council Member Tony Oerlemans ......................................................................................................... Council Member Pa’tanisha Pierson ..................................................................................................... Council Member Executive Team as of June 30, 2024
Tim Ogden ............................................................................................................................. City Manager Katherine Wisinski ................................................................................................................ City Attorney Allen Baquilar ....................................................................... Director of Engineering/City Engineer Sukari Beshears ...................................................... Director of Human Resources/Risk Manager Kerry Breen ................................City Treasurer/Director of Finance and Information Systems Darin Gale ............................................................................................................ Assistant City Manager Tim Herbert .......................................................................................................................... Chief of Police Alexis Morris .......................................................................... Director of Community Development Bruce Mulder ...................................................................................Director of Parks and Recreation Casey Wichert ................................................................................................. Director of Public Works

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3 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Table of Contents
City Council and Executive Team .............................................................................................................. 2 Table of Contents ............................................................................................................................................ 3 Executive Summary ......................................................................................................................................... 5 Community Facilities District No. 2 .......................................................................................................... 8 Community Facilities District No. 3 ........................................................................................................ 12 Community Facilities District No. 4 ........................................................................................................ 16 Community Facilities District No. 5 ........................................................................................................ 20 Bonded Indebtedness ................................................................................................................................. 24 Boundary Diagrams ...................................................................................................................................... 28 Formation Resolutions ................................................................................................................................ 34

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4 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied

EXECUTIVE SUMMARY

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5 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Executive Summary
Since 2002, the City Council of the City of Brentwood has formed four Community Facilities Districts (CFDs) under the Mello-Roos Community Facilities Act of 1982. The CFDs were formed to provide an annual revenue stream from all new development within the City to: 1) fund the purchase, construction and/or expansion of various authorized public facilities and 2) fund the operation and maintenance of authorized improvements and services within the City. These authorized public facilities and services are summarized below and described in detail within the applicable exhibits attached to the CFD formation resolutions beginning on page 34.

The Mello-Roos Community Facilities Act of 1982 does not require that an annual report be prepared unless requested by a person who resides in or owns property within the district; however, City staff believes it is prudent to be proactive in preparing the report in the event it is ever requested. The MelloRoos Community Facilities Act of 1982, specifically Section 53343.1 of the California Government Code, provides guidelines for the content of an annual report and states an annual report shall include the following:
(a) The amount of special taxes collected for the year. (b) The amount of other monies collected for the year and their source, including interest earned. (c) The amount of monies expended for the year.
(d) A summary of the amount of monies expended for the following:
1) Facilities, including property.
2) Services.
3) The costs of bonded indebtedness.
4) The costs of collecting the special tax under Section 53340. 5) Other administrative and overhead costs.
(e) For monies expended for facilities, including property, an identification of the categories of each type of facility funded with amounts expended in each category, including the total percentage of the cost of each type of facility that was funded with bond proceeds or special taxes. (f) For monies expended for services, an identification of the categories of each type of service funded with amounts expended in each category, including the total percentage of the cost of each type of service that was funded with bond proceeds or special taxes.

FACILITIES
CFD
No. 2
CFD
No. 3
CFD
No. 4
CFD
No. 5
Flood and Storm Drainage X X X
Governmental and Community X
Joint Use School/Park X X X
Library X X
Open Space X X
Police X
Public Protection and Safety X
Roadway Construction and Rehabilitation X X
Utility Undergrounding X X

SERVICES
CFD
No. 2
CFD
No. 3
CFD
No. 4
CFD
No. 5
Flood and Storm Drainage X X X X
Joint Use School/Park X X X
Open Space X X X
Public Protection and Safety X X X X

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6 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Executive Summary
(g) For monies expended for other administrative costs, an identification of each of these costs. (h) The annual report shall contain references to the relevant sections of the resolution of formation of the district so that interested persons may confirm that bond proceeds and special taxes are being used for authorized purposes. The annual report shall be made available to the public upon request.

A summary of the revenues and expenditures for each of the four CFDs is presented below with detailed information presented in each of the CFD sections beginning on page 8. Maps showing the combined CFD boundaries as well as individual CFD boundary maps can be found beginning on page 28.

CFD No. 2 CFD No. 3 CFD No. 4 CFD No. 5 Total
Fund Balance July 1, 2023 $ 590,939 46,242 $ 763,610 $ 654,662 $ 2,055,453 $ Revenues
Annual CFD Special Tax 709,037 $ 1,780,750 $ 3,091,084 $ 2,857,677 $ 8,438,548 $ Interest 10,243 1,294 19,386 16,369 47,292
Other - 575,801 138,145 42,281 756,227
Total Revenues 710,331 $ 2,366,794 $ 3,248,615 $ 2,916,327 $ 9,242,067 $ Expenditures
Facilities $ - - $ - $ - $ - $
Services
Reimburse City for Public Safety Services 693,952 1,454,958 3,001,243 2,819,109 7,969,262 Costs of Bonded Indebtedness
Debt Service Obligations - 880,992 211,367 64,691 1,157,050 Costs of Collecting the Special Tax
Contra Costa County Property Tax Administration 2,043 1,659 2,803 2,357 8,862 Administration
CFD Special Tax Administration 4,963 9,798 6,455 6,136 27,352 Investment Administration 29 275 455 388 1,147
Administration Subtotal 4,992 10,073 6,910 6,524 28,499 Total Expenditures 700,987 $ 2,347,682 $ 3,222,323 $ 2,892,681 $ 9,163,673 $ Fund Balance June 30, 2024 $ 610,051 55,586 $ 789,902 $ 678,308 $ 2,133,847 $ Revenues and Expenditures Summary

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7 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied COMMUNITY FACILITIES DISTRICT NO. 2

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8 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Community Facilities District No. 2
On May 14, 2002 the City Council of the City of Brentwood, through Resolution No. 2544, established Community Facilities District No. 2 (CFD No. 2). A notice of special tax lien has been recorded at the County Recorder’s office identifying a continuing lien in force and effect until the special tax obligation is either permanently satisfied on June 30, 2053 or is cancelled by the City Council at an earlier date. In compliance with the proceedings governing the formation of CFD No. 2, the special tax has been levied on each taxable parcel within the District according to the provisions of the Rate and Method of Apportionment of Special Taxes. The Rate and Method of Apportionment of Special Taxes is available from the City Clerk.

As of June 30, 2024, CFD No. 2 consisted of 1,931 taxable single-family residential parcels, 120 taxable residential condominium parcels and 108.70 acres of taxable non-residential property. Parcels became taxable if a building permit was issued prior to January 1, 2023.

A. BOUNDARY MAP
A map showing the boundary diagram of CFD No. 2 can be found on page 29.

B. FACILITIES AND SERVICES FINANCED BY THE DISTRICT
The public facilities and services which may be financed by CFD No. 2 are described within the applicable exhibits attached to the formation resolution which can be found beginning on page 34.

C. REVENUES AND EXPENDITURES
CFD No. 2 – Table 1 shows the Fiscal Year (FY) 2023/24 revenues and expenditures of special tax funds for CFD No. 2. Per Section 53343.1 of the California Government Code, monies expended for facilities and/or services shall include an identification of the categories of each type of facility/service funded, and the total percentage of the cost of each type of facility/service funded with either bond proceeds or special taxes. For monies expended for other administrative costs, each of the costs is identified.

Fund Balance July 1, 2023 $ 46,242
Revenues
Annual CFD Special Tax 709,037 $
Interest 1,294
Total Revenues 710,331 $
Expenditures Comments
Facilities $ -
Services
Reimburse City for Public Safety Services 693,952 100% from Special Taxes Costs of Collecting the Special Tax
Contra Costa County Property Tax Administration 2,043 100% from Special Taxes Administration
CFD Special Tax Administration 4,963
Investment Administration 29
Administration Subtotal 4,992
Total Expenditures 700,987 $
Fund Balance June 30, 2024 $ 55,586
CFD No. 2 – TABLE 1
Revenues and Expenditures

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9 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Community Facilities District No. 2
i. Revenues
a. Special Tax Levy
The maximum special tax rate has been levied each year since FY 2002/03 per the Rate and Method of Apportionment of Special Taxes. CFD No. 2 – Table 2 outlines the FY 2023/24 tax rates and the revenue by parcel classification.

ii. Expenditures
Aside from the minor expenditures associated with the costs of collecting the special tax and the administration of the CFD, the funds in CFD No. 2 were expended on Public Safety Services incrementally required by development of properties within the CFD.

D. SPECIAL TAX ROLL
A list of each parcel within the boundaries of CFD No. 2, upon which the special tax has been levied for FY 2023/24, may be requested through the City Clerk.

E. DELINQUENCY RATES
Each year the special taxes are levied and due concurrently with general ad-valorem property taxes (December and April respectively). If the special taxes are not paid by these deadlines, they are considered delinquent. CFD No. 2 – Table 3, on the following page, shows the last ten years delinquency rates by fiscal year.

Parcel
Classification
Levied
Rate
Number of Taxable
Residences/Units
Number of
Taxable Acres
Single-Family $265/residence $265/residence 1,931 - 512,178 $ Condominium $199/residence $199/residence 120 - 23,870
Multi-Family $133/unit $133/unit - - -
Commercial $1,591/acre $1,591/acre - 69.64 110,829
Industrial $1,591/acre $1,591/acre - 32.73 52,080
Rural $265/residence $265/residence - - -
Institutional $1,591/acre $1,591/acre - 6.33 10,080
Total 108.70 2,051 709,037 $
Total
Revenue
CFD No. 2 – TABLE 2
Special Tax Revenue Summary for FY 2023/24
(1) Maximum rates are increased annually by 2%.

Maximum
Rate (1)

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10 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Community Facilities District No. 2

CFD No. 2 – TABLE 3
Delinquency History
Fiscal Amount Delinquent Delinquency
Year Levied Amount As of June 30
14/15 583,573 $ 13,538 $ 2.32%
15/16 595,246 $ 11,970 $ 2.01%
16/17 596,105 $ 6,436 $ 1.08%
17/18 608,031 $ 11,305 $ 1.86%
18/19 620,211 $ 5,105 $ 0.82%
19/20 634,755 $ 10,152 $ 1.60%
20/21 661,180 $ 9,883 $ 1.49%
21/22 677,236 $ 9,720 $ 1.44%
22/23 694,606 $ 4,226 $ 0.61%
23/24 709,037 $ 3,150 $ 0.44%

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11 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied COMMUNITY FACILITIES DISTRICT NO. 3

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12 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Community Facilities District No. 3
On June 24, 2003 the City Council of the City of Brentwood, through Resolution No. 2907, established Community Facilities District No. 3 (CFD No. 3). A notice of special tax lien has been recorded at the County Recorder’s office identifying a continuing lien in force and effect until the special tax obligation is either permanently satisfied on June 30, 2104 or is cancelled by the City Council at an earlier date. In compliance with the proceedings governing the formation of CFD No. 3, the special tax has been levied on each taxable parcel within the District according to the provisions of the Rate and Method of Apportionment of Special Taxes. The Rate and Method of Apportionment of Special Taxes is available from the City Clerk.

As of June 30, 2024, CFD No. 3 consisted of 1,635 taxable single-family residential parcels, 120 taxable multi-family residential units, and 40.87 acres of taxable non-residential property. Parcels become taxable if a building permit was issued prior to January 1, 2023.

A. BOUNDARY MAP
A map showing the boundary diagram of CFD No. 3 can be found on page 30.

B. FACILITIES AND SERVICES FINANCED BY THE DISTRICT
The public facilities and services which may be financed by CFD No. 3 are described within the applicable exhibits attached to the formation resolution which can be found beginning on page 40.

C. REVENUES AND EXPENDITURES
CFD No. 3 – Table 1 shows the FY 2023/24 revenues and expenditures of special tax funds for CFD No.

3. Per Section 53343.1 of the California Government Code, monies expended for facilities and/or services shall include an identification of the categories of each type of facility/service funded, and the total percentage of the cost of each type of facility/service funded with either bond proceeds or special taxes. For monies expended for other administrative costs, each of the costs is identified.

Fund Balance July 1, 2023 $ 590,939
Revenues
Annual CFD Special Tax 1,780,750 $
Interest 10,243
Other 575,801
Total Revenues 2,366,794 $
Expenditures Comments
Facilities $ -
Services
Reimburse City for Public Safety Services 1,454,958 100% from Special Taxes Costs of Bonded Indebtedness
Debt Service Obligations 880,992 33% from Special Taxes Costs of Collecting the Special Tax
Contra Costa County Property Tax Administration 1,659 100% from Special Taxes Administration
CFD Special Tax Administration 9,798
Investment Administration 275
Administration Subtotal 10,073
Total Expenditures 2,347,682 $
Fund Balance June 30, 2024 $ 610,051
CFD No. 3 – TABLE 1
Revenues and Expenditures

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13 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Community Facilities District No. 3
i. Revenues
a. Special Tax Levy
The maximum special tax rate has been levied each year since FY 2003/04 per the Rate and Method of Apportionment of Special Taxes. CFD No. 3 – Table 2 outlines the FY 2023/24 tax rates and the revenue by parcel classification.
b. Other
As discussed in the Bonded Indebtedness section beginning on page 24, in FY 2023/24 the City elected to allocate additional savings available from the 2019 refinance of the Civic Center Bonds to CFD No. 3. This savings allocation is in addition to the amount allocated in the debt service tables on page 26.
ii. Expenditures
Aside from the minor expenditures associated with the costs of collecting the special tax and the administration of the CFD, the funds in CFD No. 3 were expended on Public Safety Services incrementally required by development of properties within the CFD and debt service obligations.

Additional information regarding the debt service obligations of CFD No. 3 can be found in the Bonded Indebtedness section beginning on page 24.

D. SPECIAL TAX ROLL
A list of each parcel within the boundaries of CFD No. 3, upon which the special tax has been levied for FY 2023/24, may be requested through the City Clerk.

E. DELINQUENCY RATES
Each year the special taxes are levied and due concurrently with general ad-valorem property taxes (December and April respectively). If the special taxes are not paid by these deadlines, they are considered delinquent. CFD No. 3 – Table 3, on the following page, shows the last ten years delinquency rates by fiscal year.

Parcel
Classification
Levied
Rate
Number of Taxable
Residences/Units
Number of
Taxable Acres
Single-Family $892/residence (1) $892/residence 1,635 - 1,457,701 $ Condominium $669/residence (1) $669/residence - - -
Multi-Family $446/unit (1) $446/unit 120 - 53,494
Commercial $6,596/acre (2) $6,596/acre - 36.94 243,628
Industrial $6,596/acre (2) $6,596/acre - 3.93 25,927
Rural $892/residence (1) $892/residence - - -
Institutional $6,596/acre (2) $6,596/acre - - -
Total 40.87 1,755 1,780,750 $
(2) Non-Residential maximum rates are increased annually by the Consumer Price Index (CPI) for San Francisco Bay Area Urban Wage Earners with a minimum of 2%.

Total
Revenue
CFD No. 3 – TABLE 2
Special Tax Revenue Summary for FY 2023/24
(1) Residential maximum rates are increased annually by 2%.

Maximum
Rate

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14 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Community Facilities District No. 3

CFD No. 3 – TABLE 3
Delinquency History
Fiscal Amount Delinquent Delinquency
Year Levied Amount As of June 30
14/15 1,423,464 $ 16,785 $ 1.18%
15/16 1,467,151 $ 17,502 $ 1.19%
16/17 1,498,883 $ 22,897 $ 1.53%
17/18 1,531,151 $ 24,938 $ 1.63%
18/19 1,565,488 $ 15,343 $ 0.98%
19/20 1,605,492 $ 17,297 $ 1.08%
20/21 1,643,733 $ 25,624 $ 1.56%
21/22 1,697,377 $ 24,423 $ 1.44%
22/23 1,745,029 $ 14,422 $ 0.83%
23/24 1,780,750 $ 16,048 $ 0.90%

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15 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied COMMUNITY FACILITIES DISTRICT NO. 4

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16 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Community Facilities District No. 4
On November 9, 2004 the City Council of the City of Brentwood, through Resolution No. 2004-263, established Community Facilities District No. 4 (CFD No. 4). A notice of special tax lien has been recorded at the County Recorder’s office identifying a continuing lien in force and effect until the special tax obligation is either permanently satisfied on June 30, 2105 or is cancelled by the City Council at an earlier date. In compliance with the proceedings governing the formation of CFD No. 4, the special tax has been levied on each taxable parcel within the District according to the provisions of the Rate and Method of Apportionment of Special Taxes. The Rate and Method of Apportionment of Special Taxes is available from the City Clerk.

As of June 30, 2024, CFD No. 4 consisted of 2,917 taxable single-family residential parcels, 275 taxable multi-family residential units and 47.95 acres of taxable non-residential property. Parcels become taxable if a building permit was issued prior to January 1, 2023.

A. BOUNDARY MAP
A map showing the boundary diagram of CFD No. 4 can be found on page 31.

B. FACILITIES AND SERVICES FINANCED BY THE DISTRICT
The public facilities and services which may be financed by CFD No. 4 are described within the applicable exhibits attached to the formation resolution which can be found beginning on page 46.

C. REVENUES AND EXPENDITURES
CFD No. 4 – Table 1 shows the FY 2023/24 revenues and expenditures of special tax funds for CFD No.

4. Per Section 53343.1 of the California Government Code, monies expended for facilities and/or services shall include an identification of the categories of each type of facility/service funded, and the total percentage of the cost of each type of facility/service funded with either bond proceeds or special taxes. For monies expended for other administrative costs, each of the costs is identified.

Fund Balance July 1, 2023 $ 763,610
Revenues
Annual CFD Special Tax 3,091,084 $
Interest 19,386
Other 138,145
Total Revenues 3,248,615 $
Expenditures Comments
Facilities $ -
Services
Reimburse City for Public Safety Services 3,001,243 100% from Special Taxes Costs of Bonded Indebtedness
Debt Service Obligations 211,367 25% from Special Taxes Costs of Collecting the Special Tax
Contra Costa County Property Tax Administration 2,803 100% from Special Taxes Administration
CFD Special Tax Administration 6,455
Investment Administration 455
Administration Subtotal 6,910
Total Expenditures 3,222,323 $
Fund Balance June 30, 2024 $ 789,902
CFD No. 4 – TABLE 1
Revenues and Expenditures

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17 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Community Facilities District No. 4
i. Revenues
a. Special Tax Levy
CFD No. 4 has separate maximum special tax rates for facilities and services. The maximum special tax rate was levied each year, for both facilities and services, per the Rate and Method of Apportionment of Special Taxes from FY 2005/06 to FY 2007/08. Since then, the actual levied rate was reduced to more closely match the levied rates within CFDs No. 3 and No. 5.

CFD No. 4 – Table 2 outlines the FY 2023/24 tax rates and the revenue by parcel classification. b. Other
As discussed in the Bonded Indebtedness section beginning on page 24, in FY 2023/24 the City elected to allocate additional savings available from the 2019 refinance of the Civic Center Bonds to CFD No. 4. This savings allocation is in addition to the amount allocated in the debt service tables on page 26.
ii. Expenditures
Aside from the minor expenditures associated with the costs of collecting the special tax and the administration of the CFD, the funds in CFD No. 4 were expended on Public Safety Services incrementally required by development of properties within the CFD and debt service obligations.

Additional information regarding the debt service obligations of CFD No. 4 can be found in the Bonded Indebtedness section beginning on page 24.

D. SPECIAL TAX ROLL
A list of each parcel within the boundaries of CFD No. 4, upon which the special tax has been levied for FY 2023/24, may be requested through the City Clerk.

E. DELINQUENCY RATES
Each year the special taxes are levied and due concurrently with general ad-valorem property taxes (December and April respectively). If the special taxes are not paid by these deadlines, they are considered delinquent. CFD No. 4 – Table 3, on the following page, shows the last ten years delinquency rates by fiscal year.

Parcel
Classification
Total
Maximum
Rate
Combined
Levied
Rate
No. of
Taxable
Residences/
Units
No. of
Taxable
Acres
Total
Revenue (4)
Single-Family $248/residence (1) $1,192/residence (2) $1,440/residence $918/residence 2,917 - 2,678,448 $ Condominium $186/residence (1) $894/residence (2) $1,080/residence $689/residence - - - Multi-Family $124/unit (1) $596/unit (2) $720/unit $459/unit 275 - 126,256 Commercial $1,832/acre (3) $7,329/acre (3) $9,161/acre $5,954/acre - 33.50 200,340 Industrial $1,832/acre (3) $7,329/acre (3) $9,161/acre $5,954/acre - 8.21 48,867 Rural $248/residence (1) $1,192/residence (2) $1,440/residence $918/residence - - - Institutional $1,832/acre (3) $7,329/acre (3) $9,161/acre $5,954/acre - 6.24 37,173 Total 47.95 3,192 3,091,084 $
(4) Levy amount may be subject to prior year adjustment by Contra Costa County.

Services
Maximum
Rate
(2) Residential maximum rates for Services are increased annually by the CPI for San Francisco Bay Area Urban Wage Earners with a minimum of 2% and maximum of 5%. (3) Non-Residential maximum rates are increased annually by the CPI for San Francisco Bay Area Urban Wage Earners with a minimum of 2%.

CFD No. 4 – TABLE 2
Special Tax Revenue Summary for FY 2023/24
Facilities
Maximum
Rate
(1) Residential maximum rates for Facilities are increased annually by 2%.

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18 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Community Facilities District No. 4

Fiscal Amount Delinquent Delinquency
Year Levied Amount As of June 30
14/15 1,624,537 $ 19,033 $ 1.17%
15/16 1,891,347 $ 19,303 $ 1.02%
16/17 2,160,261 $ 51,181 $ 2.37%
17/18 2,410,598 $ 29,710 $ 1.23%
18/19 2,635,687 $ 30,129 $ 1.14%
19/20 2,746,160 $ 42,696 $ 1.55%
20/21 2,832,550 $ 25,988 $ 0.92%
21/22 2,895,485 $ 33,010 $ 1.14%
22/23 2,971,450 $ 17,919 $ 0.60%
23/24 3,091,084 $ 22,334 $ 0.72%
CFD No. 4 – TABLE 3
Delinquency History

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19 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied COMMUNITY FACILITIES DISTRICT NO. 5

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20 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Community Facilities District No. 5
On June 26, 2007 the City Council of the City of Brentwood, through Resolution No. 2007-152, established Community Facilities District No. 5 (CFD No. 5). A notice of special tax lien has been recorded at the County Recorder’s office identifying a continuing lien in force and effect until the special tax obligation is either permanently satisfied on June 30, 2107 or is cancelled by the City Council at an earlier date. In compliance with the proceedings governing the formation of CFD No. 5, the special tax has been levied on each taxable parcel within the District according to the provisions of the Rate and Method of Apportionment of Special Taxes. The Rate and Method of Apportionment of Special Taxes is available from the City Clerk.

As of June 30, 2024, CFD No. 5 consisted of 2,465 taxable single-family residential parcels, 508 taxable multi-family residential units and 65.66 acres of taxable non-residential property. Parcels become taxable if a building permit was issued prior to January 1, 2023.

A. BOUNDARY MAP
A map showing the boundary diagram of CFD No. 5 can be found on page 32.

B. FACILITIES AND SERVICES FINANCED BY THE DISTRICT
The public facilities and services which may be financed by CFD No. 5 are described within the applicable exhibits attached to the formation resolution which can be found beginning on page 52.

C. REVENUES AND EXPENDITURES
CFD No. 5 – Table 1 shows the FY 2023/24 revenues and expenditures of special tax funds for CFD No.

5. Per Section 53343.1 of the California Government Code, monies expended for facilities and/or services include an identification of the categories of each type of facility/service funded, and the total percentage of the cost of each type of facility/service funded with either bond proceeds or special taxes. For monies expended for other administrative costs, each of the costs is identified.

Fund Balance July 1, 2023 $ 654,662
Revenues
Annual CFD Special Tax 2,857,677 $
Interest 16,369
Other 42,281
Total Revenues 2,916,327 $
Expenditures Comments
Facilities $ -
Services
Reimburse City for Public Safety Services 2,819,109 100% from Special Taxes Costs of Bonded Indebtedness
Debt Service Obligations 64,691 9% from Special Taxes
Costs of Collecting the Special Tax
Contra Costa County Property Tax Administration 2,357 100% from Special Taxes Administration
CFD Special Tax Administration 6,136
Investment Administration 388
Administration Subtotal 6,524
Total Expenditures 2,892,681 $
Fund Balance June 30, 2024 $ 678,308
CFD No. 5 – TABLE 1
Revenues and Expenditures

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21 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Community Facilities District No. 5
i. Revenues
a. Special Tax Levy
The maximum special tax rate has been levied each year since FY 2006/07 per the Rate and Method of Apportionment of Special Taxes. CFD No. 5 – Table 2 outlines the FY 2023/24 tax rates and the revenue by parcel classification.

b. Other
As discussed in the Bonded Indebtedness section beginning on page 24, in FY 2023/24 the City elected to allocate additional savings available from the 2019 refinance of the Civic Center Bonds to CFD No. 5. This savings allocation is in addition to the amount allocated in the debt service tables on page 26.
ii. Expenditures
Aside from the minor expenditures associated with the costs of collecting the special tax and the administration of the CFD, the funds in CFD No. 5 were expended on Public Safety Services incrementally required by development of properties within the CFD and debt service obligations.

Additional information regarding the debt service obligations of CFD No. 5 can be found in the Bonded Indebtedness section beginning on page 24.

D. SPECIAL TAX ROLL
A list of each parcel within the boundaries of CFD No. 5, upon which the special tax has been levied for FY 2023/24, may be requested through the City Clerk.

E. DELINQUENCY RATES
Each year the special taxes are levied and due concurrently with general ad-valorem property taxes (December and April respectively). If the special taxes are not paid by these deadlines, they are considered delinquent. CFD No. 5 – Table 3, on the following page, shows the last ten years delinquency rates by fiscal year.

Parcel
Classification
Levied
Rate
Number of Taxable
Residences/Units
Number of
Taxable Acres
Total
Revenue (3)
Single-Family $892/residence (1) $892/residence 2,465 - 2,198,157 $ Condominium $669/residence (1) $669/residence - - -
Multi-Family $446/unit (1) $446/unit 508 - 226,458
Commercial $6,596/acre (2) $6,596/acre - 48.90 322,546
Industrial $6,596/acre (2) $6,596/acre - 3.99 26,316
Rural $892/residence (1) $892/residence - - -
Institutional $6,596/acre (2) $6,596/acre - 12.77 84,200 Total 65.66 2,973 $ 2,857,677
(3) Levy amount may be subject to prior year adjustment by Contra Costa County.

CFD No. 5 – TABLE 2
Special Tax Revenue Summary for FY 2023/24
(1) Residential maximum rates are increased annually by 2%.

Maximum
Rate
(2) Non-Residential maximum rates are increased annually by the CPI for San Francisco Bay Area Urban Wage Earners with a minimum of 2%.

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22 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Community Facilities District No. 5

CFD No. 5 – TABLE 3
Delinquency History
Fiscal Amount Delinquent Delinquency
Year Levied Amount As of June 30
14/15 420,015 $ 8,447 $ 2.01%
15/16 488,117 $ 17,243 $ 3.53%
16/17 644,000 $ 24,795 $ 3.85%
17/18 923,419 $ 17,214 $ 1.86%
18/19 1,195,477 $ 22,893 $ 1.91%
19/20 1,425,381 $ 13,608 $ 0.95%
20/21 1,721,402 $ 29,767 $ 1.73%
21/22 1,994,900 $ 32,723 $ 1.64%
22/23 2,522,935 $ 24,443 $ 0.97%
23/24 2,857,677 $ 24,991 $ 0.87%

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23 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied

BONDED INDEBTEDNESS

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24 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Bonded Indebtedness
The Mello-Roos Community Facilities Act of 1982 allows local governments to establish Community Facilities Districts, which encompass areas to be served by proposed facilities or services. The CFDs have bonding and taxing authority, so bonds can be issued to finance public facilities or services and the bonds will be repaid by a special tax levied by the CFD. Therefore, in a Mello-Roos bond financing, users of financed facilities pay for those facilities through the payment of a special tax. Mello-Roos bond financing provides some unique advantages to local government. Mello-Roos bond projects are initiated, approved and operated for and by the local community, so that only projects which are truly positive additions to the area will be financed. Mello-Roos bond financing gives local governments a tool with which to promote appropriate development and to provide the infrastructure needed in developing areas.

On October 16, 2009, the Brentwood Infrastructure Financing Authority (“Authority”) issued $48,000,000 in Civic Center Project Lease Revenue Bonds, Series 2009A $4,055,000 and Taxable Series 2009B $43,945,000 (“2009 Civic Center Bonds”), to finance the construction of a new City Hall, new Community Center and a new Senior Center, plus library improvements and other public capital improvements of which $20,210,526 is the CFDs portion. Total annual debt service payments from the CFDs, including interest at

3.00% to 7.647%, range from $1,318,306 to $1,831,665. These debt service amounts are prior to Federal interest rebates relating to the 2009B portion of the bonds as described below.

The taxable portion of the 2009B bonds were sold as “Build America Bonds” (BABs) pursuant to the American Recovery and Reinvestment Act of 2009. The interest on BABs was not tax-exempt and therefore the bonds carried a higher interest rate. However, this higher interest rate was offset by a subsidy payable by the United States Treasury to the Authority, or its designee, equal to 35% of the interest payable on the bonds. The subsidy was payable on or about the date the City made its debt service payments. Due to the Federal sequestration, certain local government refundable credits, including the BABs rebate, were reduced beginning with refunds processed on or after March 1, 2013.

On April 2, 2019, the Authority issued $32,210,000 in Civic Center Project Lease Revenue Refunding Bonds, Series 2019 (“2019 Civic Center Bonds”), to refinance the 2009 Civic Center Bonds. The refunding resulted in overall debt service savings of $17,856,031, of which $10,655,412 has been allocated to the CFDs in part to replace the prior bonds’ BABs subsidy. Beginning in FY 2019/20, the new debt service savings exceed the prior projected total BABs subsidy by approximately $840,000, and are reflected in the debt service tables on page 26.

The 2019 Civic Center Bonds are secured, as were the 2009 Civic Center Bonds, by a lien on and pledge of revenues under the Trust Agreement. “Revenues” means all amounts received by the Trustee as payment on principal and interest. The City’s revenue sources are from the Successor Agency to the Brentwood Redevelopment Agency which has pledged future tax revenues for the repayment of a portion of the bonds, pledged payments from the CFD local obligations and pledged payments from the Civic Center Capital Improvement Financing Program revenues. However, should these revenue sources not be sufficient to cover the principal and interest payments due in any year, the City is obligated under the Facilities Lease to pay such shortfall from the General Fund.

A. FACILITIES FINANCED BY THE DISTRICTS
i. Brentwood Senior Activity Center
The development and construction of the Brentwood Senior Activity Center, an approximately 8,375 sq. ft. facility which is located directly south of the Aquatic Center, was completed in January 2009. This facility provides three meeting/classroom spaces, a large kitchen, a multi-purpose

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25 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Bonded Indebtedness
space of approximately 3,400 sq. ft., parking, a bus turnout, including a bus shelter on Balfour Road, landscaping, lighting and an art element.
ii. Brentwood Community Center
Construction of a 32,000 sq. ft., two story Community Center was completed in January 2012. The Community Center includes expanded services and offerings including space for art, multipurpose rooms, banquet facilities, catering kitchen, activity rooms, exercise rooms and exterior event spaces. All new structures were designed to meet the Leadership in Energy and Environmental Design (LEED) Certified-level standard of the U.S. Green Building Council (USGBC). iii. Library Relocation and New Construction
In order to construct the Civic Center, the existing library was relocated. Phase I of the project consisted of building an interim library in the 104 Oak Street portion of the City Hall annex building and consolidating staff in the remaining portion of the building. Phase I was completed in June 2009. Phase II began in 2013 with the preparation of a needs assessment and development alternatives which were presented to and reviewed by City Council. City Council agreed on the development alternative to tear down the three Oak Street buildings (104, 118 and 120 Oak Street).

In October 2015, City Council approved the Library – New Construction Capital Improvement Program (CIP) project which accounted for the tear down of the Oak Street buildings on the Cityowned parcels and the construction of a new, approximately 20,275 sq. ft. library that is two stories tall with a partial upper story. The new library, which was completed in September 2018, also includes an outdoor space for library patrons and an entrance courtyard.

B. BOND PROCEEDS AND STATUS OF CONSTRUCTION
As of September 2018, all of the facilities funded all, or in part, by CFD cash or CFD bond proceeds from the 2009 Civic Center Bonds have been constructed.

C. DEBT SERVICE
The debt service obligations for each CFD are shown on the following page.

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26 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Bonded Indebtedness

Year Ending
June 30
2025 480,892 $ 833,655 $ (428,404) $ 886,143 $
2026 501,731 798,353 (410,263) 889,821
2027 525,775 759,837 (390,471) 895,141
2028 551,423 719,458 (369,720) 901,161
2029 578,673 677,096 (347,951) 907,818
2030-2034 3,347,008 2,669,117 (1,371,626) 4,644,499
2035-2039 4,263,909 1,223,096 (628,534) 4,858,471
2040 984,226 37,632 (1,021,858) -
Total 11,233,637 $ 7,718,244 $ (4,968,827) $ 13,983,054 $ Year Ending
June 30
2025 115,375 $ 200,009 $ (102,782) $ 212,602 $
2026 120,375 191,540 (98,430) 213,485
2027 126,143 182,299 (93,681) 214,761
2028 132,297 172,611 (88,703) 216,205
2029 138,835 162,448 (83,480) 217,803
2030-2034 803,010 640,371 (329,079) 1,114,302
2035-2039 1,022,990 293,444 (150,797) 1,165,637
2040 236,134 9,029 (245,163) -
Total 2,695,159 $ 1,851,751 $ (1,192,115) $ 3,354,795 $ Year Ending
June 30
2025 35,312 $ 61,215 $ (31,458) $ 65,069 $
2026 36,842 58,623 (30,126) 65,339
2027 38,608 55,795 (28,672) 65,731
2028 40,491 52,830 (27,149) 66,172
2029 42,492 49,719 (25,550) 66,661
2030-2034 245,772 195,994 (100,719) 341,047
2035-2039 313,100 89,813 (46,153) 356,760
2040 72,272 2,763 (75,035) -
Total 824,889 $ 566,752 $ (364,862) $ 1,026,779 $
Total
CFD No. 3
Debt Service Obligations
Principal Interest 2019
Bond Savings Total
CFD No. 5
Debt Service Obligations
Principal Interest 2019
Bond Savings
Total
CFD No. 4
Debt Service Obligations
Principal Interest 2019
Bond Savings

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BOUNDARY DIAGRAMS

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33 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied

FORMATION RESOLUTIONS

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34 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
CFD NO. 2 FORMATION CITY COUNCIL RESOLUTION NO. 2544

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDED BOUNDARY MAP AND ESTABLISHING THE CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 2, AND PROVIDING FOR THE

LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN PUBLIC FACILITIES AND SERVICES IN AND FOR SUCH

COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS

WITHIN SUCH COMMUNITY FACILITIES DISTRICT THE QUESTION OF LEVYING SUCH SPECIAL TAX AND

8. WHEREAS, the City Council has determined that it is in the best interests of the City and the property owners within the Community Facilities District to amend the boundary map to remove certain property from the Community Facilities District and to provide that the boundaries of the Community Facilities District are as shown on the Amended Boundary Map, a copy of which is on file with the City Clerk; and
WHEREAS, the Director of Finance and Information Systems of the City has caused a report to be prepared on such proposal in accordance with the Resolution, which such report was submitted to the Council for review and has been reviewed by the Council, and which such report is incorporated herein and made a part of the record of the hearing hereinafter referred to on the Resolution; and WHEREAS, pursuant to the Resolution, a public hearing was set by the Council for Tuesday, May 14, 2002, at 7:30p.m., or as soon thereafter as the City may reach the matter, at the regular meeting place of the Council at the City Council Chambers at 734 Third Street, Brentwood, California 94513, at which hearing the Council considered the establishment of the Community Facilities District, the proposed rate and method of apportionment of such special tax, and all other matters set forth in the Resolution, and at such public hearing all persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District, were given an opportunity 'to appear and be heard, and the testimony of all interested persons and all taxpayers, property owners and registered voters for or against the establishment of the Community Facilities District and the levy of such special tax, or the extent of the, Community Facilities District, or any of the Facilities and Services proposed therefor, or on any other matters set forth in the Resolution, was heard and considered, and such special tax has not been precluded by a majority protest pursuant to Section 53324 of the Government Code of the State of California, and the Council at the conclusion of said hearing was fully advised in the premises, and was authorized to proceed as hereinafter provided; and WHEREAS, one hundred percent (100%) of the qualified electors within the Community Facilities District have filed with the City Clerk waivers of certain time requirements for the conduct of the election in the Community Facilities District and therefore, pursuant to the Act, tile Council is authorized to form the Community Facilities District and conduct the election as provided herein; and WHEREAS, on the basis of the foregoing, the Council has determined at this time to call an election in the Community Facilities District to authorize the levy of a special tax therein (as the rate and method of apportionment of such tax, is more particularly set forth in Exhibit D, attached hereto and incorporated herein and made a part hereof) to pay for the Facilities and the Services proposed to be provided in and for the Community Facilities District, and to establish an appropriations limit for the Community Facilities District;

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

Section 1. The above recitals are true and correct, and the Council so finds and determines.

Section 2. The Council hereby reapproves and readopts the Resolution, and reconfirms all of its findings and determinations contained therein.

Section 3. The Council hereby approves the Amended Boundary Map on file with the City Clerk and directs the City Clerk to have the Amended Boundary Map recorded in the office of the County Recorder of the County of Contra Costa no later than fifteen (15) days after the adoption of this resolution.

Section 5. The Council finds and determines that written protests to the establishment of the Community Facilities District and the levy of such special tax, or the extent of the Community Facilities District, or the acquisition and construction of any of the Facilities or the provision of any of the Services proposed therefor, are insufficient in number and in amount under the Act, and the Council hereby further orders and determines that all protests to the establishment of the Community Facilities District therefor, or the levy of the special tax proposed to be levied therein, or the extent of the Community Facilities District, or the acquisition and construction of any of the Facilities or provision of any of the Services therefor, or the establishment of an appropriations limit for the Community Facilities District, are hereby overruled.

Section 6. The Council finds and determines that all prior proceedings had and taken by the Council with respect to the establishment of the Community Facilities District are valid and in conformity with the requirements of the Act; and accordingly, the Council finds, determines and orders that, consistent with the Resolution, the Community Facilities District is hereby established under and pursuant to the terms and provisions of the Act, the boundaries of which, as amended, are as set forth in the Amended Boundary Map on file with the City Clerk.

Section 7. Except where funds are otherwise available, a special tax sufficient to pay for the Facilities and the Services, including the payment of interest on and principal of bonds to be issued to finance the acquisition and construction of the Facilities and including the repayment of funds advanced by the City for the Community Facilities District and including the repayment under any agreement (which shall not constitute a debt or liability of the City) of advances of funds or the reimbursement for the lesser of the value or cost of work in-kind provided by any person for the Community Facilities District, which tax shall be secured by recordation of a continuing lien against all nonexempt property in the Community Facilities District, will be annually levied within the boundaries of the Community Facilities District, and for particulars as to the rate and method of apportionment of such special tax reference is made to Exhibit D, attached hereto and incorporated herein and made a part hereof, which sets forth the rate and method of apportionment of such special tax in sufficient detail to allow each landowner or resident within the Community Facilities District to estimate the maximum amount that such person will have to pay for the Facilities and the Services.

Section 8. It is the intention of the Council, pursuant to Section 53317.3 of the Government Code of the State of California, to levy the special tax on property that is not otherwise exempt from the special tax and that is acquired by a public entity through a negotiated transaction, or by gift or devise.

Section 9. It is the intention of the Council, pursuant to Section 53317.5 of the Government Code of the State of California, to treat the special tax levied against property that is acquired by a public entity through eminent domain proceedings as if it were a special annual assessment.

Section 11. A special mailed-ballot election shall be and is hereby called and ordered to be held in the Community Facilities District on Tuesday, May 14, 2002, in accordance with and subject to the Act and applicable law and the terms hereof, at which special

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36 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
election there shall be submitted to the landowners within the Community Facilities District (which landowners are the electors and persons qualified to vote at said special election) the question of levying such special tax and the establishment of an appropriations limit in the amount of five million dollars ($5,000,000) per fiscal year in connection therewith for the Community Facilities District, as defined by Article XIIIB, Section 8(h) of the Constitution of the State of California, and the Council hereby directs that the election at which the question of levying such special tax and establishing such appropriations limit is submitted to the landowners within the Community Facilities District shall be consolidated with the election at which the question of incurring a bonded indebtedness in the amount of fifteen million dollars ($15,000,000) for the Facilities is submitted to the landowners within the Community Facilities District, and the question of levying such special tax and establishing such appropriations limit shall be combined in one ballot proposition with the question of incurring such bonded indebtedness to finance the acquisition and construction of the Facilities and to be secured by a special tax to be levied within the Community Facilities District, all as provided by the Act.

Section 12. The City Clerk of the City is hereby designated as the official to conduct said special election, in accordance with and subject to the Act and applicable law and the following provisions:
(a) Said special election shall be held and conducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascertained and determined, as provided herein; and in all particulars not prescribed by this resolution said special election shall be held and conducted and the votes received and canvassed in the manner provided by law for the holding of special elections in the City and consistent with the Act. (b) All landowners within the Community Facilities District upon the date of the special election herein provided for shall be qualified to vote upon the proposition to be submitted at said special election. (c) Said special election shall be conducted as a mailed-ballot election, in accordance with the provisions of Sections 1340 et seq. and Section 23511.1 of the Elections Code of the State of California and the prior proceedings of the City taken thereunder, and there shall be no polling places for said special election. All ballots shall be delivered by the City Clerk of the City to such landowners, and all voted ballots are required to be received at the office of the City Clerk of the City not later than 10:00 o'clock P.M. on the day of the election in order to be counted, except that if all qualified electors have voted on the proposition hereby submitted, the election shall be closed.
(d) Each voter to vote for the proposition to be submitted at said special election and for levying such special tax and establishing such appropriations limit and incurring such bonded indebtedness shall mark a cross (+) in the blank space opposite the word "YES" on the ballot to the right of said proposition, and to vote against said proposition and against levying such special tax and establishing such appropriations limit and incurring such bonded indebtedness shall mark a cross (+) in the blank space opposite the word "NO" on the ballot to the right of said proposition, which cross (+) may be marked with either pen or pencil. (e) The City Clerk of the City shall commence the canvass of the returns of said special election at 10:00 P.M. on Tuesday, May 14, 2002, at the City Council Chambers at 734 Third Street, Brentwood, California 94513, and at the conclusion thereof shall determine the results of said special election; provided, that if all the qualified voters have voted prior to such date and time, the City Clerk of the City shall close said special election and thereupon shall proceed to canvass the returns of said special election and to determine the results thereof.
(f) The Council shall meet at its regular meeting on Tuesday, May 14, 2002, at its usual meeting place and declare the results of said special election, and shall cause to be spread upon its minutes a statement of the results of said special election as ascertained by said canvass.

Section 13. The Council hereby approves the form of Waiver and Consent Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in the Community Facilities District, a copy of which is attached hereto as Exhibit E.

The Council hereby finds that the rights, procedures and time periods therein waived are solely for the protection of the voters, may be waived under Government Code Section 53326(a), and that the waiver constitutes a full and knowing waiver, by any voter who has executed the form, of those rights, procedures and time periods.

Section 14. The Council hereby accepts the Certificate of the City Clerk certifying that 100% of the voters eligible to vote in this election have delivered to the City Clerk properly executed waivers in the form of Exhibit E.

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37 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
subject to the Act, except that such special tax may be levied at a rate lower than that specified herein. Such special tax may be levied only so long as it is needed to pay for the Facilities and the Services referred to in Section 4 of this resolution, or so long as it is needed to pay the principal of and interest on the bonded indebtedness incurred in order to finance the acquisition and construction of the Facilities (including the repayment of funds advanced for the Community Facilities District).

Section 16. The Director of Finance and Information Systems of the City at 708 Third Street, Brentwood, California 94513 (telephone (925)516-5400) will be responsible for preparing annually a current roll of special tax levy obligations by Contra Costa County Assessor's parcel numbers, and will be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 14th day of May, 2002 by the following vote:

AYES: Councilmembers: Beckstrand, Gomes, Petrovich, Mayor McPoland NOES: None
ABSENT: Councilmember Hill

APPROVED:

Michael A. McPoland, Sr.

Mayor
ATTEST:

Karen Diaz
Karen Diaz, CMC
City Clerk

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38 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions

EXHIBIT A

AUTHORIZED FACILITIES

FACILITIES
I. Open Space Facilities.
a) Acquisition of open space lands, easements and rights-of-way and necessary incidental costs to acquire the land including title reports, appraisals, etc.
b) Construction of trails, drainage structures, fire breaks, etc. to allow for safe pedestrian access within and throughout the open space areas.

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39 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions

EXHIBIT B

AUTHORIZED SERVICES

SERVICES
I. Fire Suppression, Emergency Medical and Public Safety Services. a) Fire fighting, emergency medical and public safety personnel salaries, benefits and other associated costs which may include uniforms, safety equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.

II. Open Space Services.

Maintenance and operation of open space and natural wildlands owned or otherwise controlled by the City of Brentwood.

Maintenance and operation may include, but is not limited to:
a) Maintenance workers and patrol guard salaries, benefits and other associated costs which may include uniforms, safety equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.

III. Flood and Storm Drainage Services.

Maintenance and operation of flood and storm drainage improvements owned or otherwise controlled by the City of Brentwood. Maintenance and operation may include, but is not limited to:
a) Maintenance workers salaries, benefits and other associated costs which may include uniforms, maintenance equipment, etc. which is needed for the daily activities and normal employment of these types of personnel.

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40 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
CFD NO. 3 FORMATION CITY COUNCIL RESOLUTION NO. 2907

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDED BOUNDARY MAP AND ESTABLISHING THE CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO.3, AND PROVIDING FOR THE

LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN PUBLIC FACILITIES AND SERVICES IN AND FOR SUCH

COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS

WITHIN SUCH COMMUNITY FACILITIES DISTRICT THE QUESTION OF LEVYING SUCH SPECIAL TAX AND

11. WHEREAS, the City Council has determined that it is in the best interests of the City and the property owners within the Community Facilities District to amend the boundary map to remove certain property from the Community Facilities District and to provide that the boundaries of the Community Facilities District are as shown on the Amended Boundary Map, a copy of which is on file with the City Clerk; and
WHEREAS, the Director of Finance and Information Systems of the City has caused a report to be prepared on such proposal in accordance with the Resolution, which such report was submitted to the Council for review and has been reviewed by the Council, and which such report is incorporated herein and made a part of the record of the hearing hereinafter referred to on the Resolution; and WHEREAS, pursuant to the Resolution, a public hearing was set by the Council for Tuesday, June 24, 2003, at 7:00p.m., or as soon thereafter as the City may reach the matter, at the regular meeting place of the Council at the City Council Chambers at 734 Third Street, Brentwood, California 94513, at which hearing the Council considered the establishment of the Community Facilities District, the proposed rate and method of apportionment of such special tax, and all other matters set forth in the Resolution, and at such public hearing all persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District, were given an opportunity to appear and be heard, and the testimony of all interested persons and all taxpayers, property owners and registered voters for or against the establishment of the Community Facilities District and the levy of such special tax, or the extent of the Community Facilities District, or any of the Facilities and Services proposed therefore, or on any other matters set forth in the Resolution, was heard and considered, and such special tax has not been precluded by a majority protest pursuant to Section 53324 of the Government Code of the State of California, and the Council at the conclusion of said hearing was fully advised in the premises, and was authorized to proceed as hereinafter provided; and WHEREAS, pursuant to Section 53325 of the Government Code of the State of California, the Council has modified the rate and method of apportionment of the special tax as attached to the Resolution of Intention to increase the rates of the special tax to be paid by the owner of any lot or parcel as described in the Formation Hearing Report on file with the City Clerk and as shown in the Rate and Method of Apportionment of Special Taxes, a copy of which is attached hereto as Exhibit D; and WHEREAS, one hundred percent (100%) of the qualified electors within the Community Facilities District have filed with the City Clerk waivers of certain time requirements for the conduct of the election in the Community Facilities District and consented to the

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41 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
increase in the maximum special tax rates, therefore, pursuant to the Act, the Council is authorized to form the Community Facilities District and conduct the election as provided herein; and WHEREAS, on the basis of the foregoing, the Council has determined at this time to call an election in the Community Facilities District to authorize the levy of a special tax therein (as the rate and method of apportionment of such tax, is more particularly set forth in Exhibit D, attached hereto and incorporated herein and made a part hereof) to pay for the Facilities and the Services proposed to be provided in and for the Community Facilities District, and to establish an appropriations limit for the Community Facilities District; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Brentwood, as follows:

Section 1. The above recitals are true and correct, and the Council so finds and determines.

Section 2. The Council hereby re-approves and readopts the Resolution (except as to the amendment of the Rate and Method of Apportionment of Special Taxes provided for herein), and reconfirms all of its findings and determinations contained therein.

Section 4. The Council hereby approves the rate and method of apportionment of the special tax in and for the Community Facilities District as set forth in Exhibit D attached hereto and incorporated herein and made a part hereof, and upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the Community Facilities District, which lien shall continue in force and effect until (as to the public facilities portion of the special tax) the special tax obligation (or any portion thereof) is paid or prepaid and permanently satisfied and the public facilities portion of the special tax lien is cancelled in accordance with law, or until (as to the services portion of the special tax) collection of the special tax by the City ceases. The rate and method of apportionment of the special tax is set forth in Exhibit D attached to this resolution. The special tax with respect to the construction of facilities shall not be levied after Fiscal Year 2098-2099. The special tax with respect to the authorized services shall not be levied after Fiscal Year 2103-04. In the case of any special tax to pay for public facilities and to be levied against any parcel used for private residential purposes, under no circumstances will the special tax levied against any parcel be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within CFD No. 3 by more than 10 percent.

Section 5. The Council finds and determines that written protests to the establishment of the Community Facilities District and the levy of such special tax, or the extent of the Community Facilities District, or the acquisition and construction of any of the Facilities or the provision of any of the Services proposed therefore, are insufficient in number and in amount under the Act, and the Council hereby further orders and determines that all protests to the establishment of the Community Facilities District therefore, or the levy of the special tax proposed to be levied therein, or the extent of the Community Facilities District, or the acquisition and construction of any of the Facilities or provision of any of the Services therefore, or the establishment of an appropriations limit for the Community Facilities District, are hereby overruled.

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42 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
Section 9. It is the intention of the Council, pursuant to Section 53317.5 of the Government Code of the State of California, to treat the special tax levied against property that is acquired by a public entity through eminent domain proceedings as if it were a special annual assessment.

Section 10. It is the intention of the Council, pursuant to Section 53340.1 of the Government Code of the State of California, to levy the special tax on the leasehold or possessory interests in property owned by a public agency {which property is otherwise exempt from the special tax) to be payable by the owner of the leasehold or possessory interests in such property.

Section 11. A special mailed-ballot election shall be and is hereby called and ordered to be held in the Community Facilities District on Tuesday, June 24, 2003, in accordance with and subject to the Act and applicable law and the terms hereof, at which special election there shall be submitted to the landowners within the Community Facilities District (which landowners are the electors and persons qualified to vote at said special election) the question of levying such special tax and the establishment of an appropriations limit in the amount of five million dollars ($5,000,000) for Fiscal Year 2003-04 in connection therewith for the Community Facilities District, as defined by Article XIIIB, Section 8(h) of the Constitution of the State of California, and the Council hereby directs that the election at which the question of levying such special tax and establishing such appropriations limit is submitted to the landowners within the Community Facilities District shall be consolidated with the election at which the question of incurring a bonded indebtedness in the amount of thirty million dollars ($30,000,000) for the Facilities is submitted to the landowners within the Community Facilities District, and the question of levying such special tax and establishing such appropriations limit shall be combined in one ballot proposition with the question of incurring such bonded indebtedness to finance the acquisition and construction of the Facilities and to be secured by a special tax to be levied within the Community Facilities District, all as provided by the Act.

Section 12. The City Clerk of the City is hereby designated as the official to conduct said special election, in accordance with and subject to the Act and applicable law and the following provisions:
(a) Said special election shall be held and conducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascertained and determined, as provided herein; and in all particulars not prescribed by this resolution said special election shall be held and conducted and the votes received and canvassed in the manner provided by law for the holding of special elections in the City and consistent with the Act. (b) All landowners within the Community Facilities District upon the date of the special election herein provided for shall be qualified to vote upon the proposition to be submitted at said special election. (c) Said special election shall be conducted as a mailed-ballot election, in accordance with the provisions of Sections 1340 et seq. and Section 23511.1 of the Elections Code of the State of California and the prior proceedings of the City taken there under, and there shall be no polling places for said special election. All ballots shall be delivered by the City Clerk of the City to such landowners, and all voted ballots are required to be received at the office of the City Clerk of the City not later than 7:00 o'clock P.M. on the day of the election in order to be counted, except that if all qualified electors have voted on the proposition hereby submitted, the election shall be closed.
(d) Each voter to vote for the proposition to be submitted at said special election and for levying such special tax and establishing such appropriations limit and incurring such bonded indebtedness shall mark a cross (+) in the blank space opposite the word "YES" on the ballot to the right of said proposition, and to vote against said proposition and against levying such special tax and establishing such appropriations limit and incurring such bonded indebtedness shall mark a cross (+) in the blank space opposite the word "NO" on the ballot to the right of said proposition, which cross (+) may be marked with either pen or pencil. (e) The City Clerk of the City shall commence the canvass of the returns of said special election immediately upon adoption of this resolution at the City Council Chambers at 734 Third Street, Brentwood, California 94513, and at the conclusion thereof shall determine the results of said special election; provided, that if all the qualified voters have voted prior to such date and time, the City Clerk of the City shall close said special election and thereupon shall proceed to canvass the returns of said special election and to determine the results thereof.
(f) The Council shall meet at its regular meeting on Tuesday, June 24, 2003, at its usual meeting place and declare the results of said special election, and shall cause to be spread upon its minutes a statement of the results of said special election as ascertained by said canvass.

Section 13. The Council hereby approves the form of Waiver and Consent Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election and Waiving Notice and Hearing with Respect to Changes to the Special Tax in the Community Facilities District, a copy of which is attached hereto as Exhibit E. The Council hereby finds that the rights, procedures and time periods therein waived are solely for the protection of the voters, may be waived under Government Code Section 53326(a), and

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43 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
that the waiver constitutes a full and knowing waiver, by any voter who has executed the form, of those rights, procedures and time periods.

Section 15. If two-thirds (2/3) of the votes cast upon the question of levying such special tax and establishing such appropriations limit are cast in favor of levying such special tax and establishing such appropriations limit, as determined by the Council after reviewing the canvass of the returns of such consolidated election, the Council may levy such special tax within the territory of the Community Facilities District under the Act in the amount and for the purposes specified in this resolution, and such appropriations limit shall be established for the Community Facilities District, as defined by Article XIIIB, Section 8(h) of the Constitution of the State of California. Such special tax may be levied only at the rate and may be apportioned only in the manner specified in this resolution, subject to the Act, except that such special tax may be levied at a rate lower than that specified herein. Such special tax may be levied only so long as it is needed to pay for the Facilities and the Services referred to in Section 4 of this resolution, or so long as it is needed to pay the principal of and interest on the bonded (including the repayment of funds advanced for the Community Facilities District).

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 24th day of June 2003 by the following vote:

AYES: Councilmembers: Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher NOES: None
ABSENT: None
ABSTAIN: None

APPROVED:

Annette Beckstrand
Annette Beckstrand
Vice Mayor
ATTEST:

Karen Diaz
Karen Diaz, CMC
City Clerk/Director of Administrative Services

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44 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions

EXHIBIT A

AUTHORIZED FACILITIES

FACILITIES
I. Open Space Facilities.
a) Acquisition of open space lands, easements and rights-of-ways including all necessary incidental costs needed to acquire the lands including title reports, appraisals, etc. b) Construction of trails, bridge structures, drainage structures, fire breaks, necessary appurtenances, etc. to allow for safe pedestrian access within and throughout the open space areas.

II. Police Facilities.
a) Acquisition of lands, easements and rights-of-way needed for the construction and/or acquisition of police facilities, including all necessary incidental costs such as, but not limited to, title reports, appraisals, etc. b) Construction and/or acquisition of police facilities, including equipment, furnishings and all incidental costs needed to conduct police services throughout the City.

III. Flood & Storm Drainage Facilities
a) Acquisition of lands, easements and rights-of-way needed for the construction and/or acquisition of flood & storm drainage facilities, including all necessary incidental costs such as, but not limited to, title reports, appraisals, etc. b) Construction and/or acquisition of flood & storm drainage facilities, including design, construction, administrative, etc. and all other miscellaneous costs needed to comply with local and state regulations.

IV. Joint Use School Facilities.
a) Acquisition of lands, easements and rights-of-way needed for the construction and/or acquisition of school site joint use facilities, including all necessary incidental costs such as, but not limited to, title reports, appraisals, etc. b) Construction and/or acquisition of school site joint use facilities, including equipment, furnishings and all incidental costs needed to conduct joint use programs and services throughout the City.

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45 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions

EXHIBIT B

AUTHORIZED SERVICES

SERVICES
The following services to be provided in the CFD are in addition to those presently provided in the territory of the CFD:

I. Fire Suppression and Emergency Medical Services.
a) Fire fighting and emergency medical service personnel salaries, benefits and other associated operations and maintenance costs which are needed for the daily activities and normal employment of these types of personnel.

II. Police Protection and Public Safety Services
a) Police and public safety personnel salaries, benefits and other associated operation and maintenance costs which are needed for the daily activities and normal employment of these types of personnel.

III. Open Space Services.

Maintenance and operation of open space and natural wild lands owned or otherwise controlled by the City of Brentwood including State Park Lands adjacent to the City of Brentwood subject to Joint Use or a Memorandum of Understanding between the City and the State of California. Maintenance and operation may include, but is not limited to:
a) Maintenance workers, volunteers and patrol guard salaries, benefits and other associated operation and maintenance costs which are needed for the daily activities and normal employment of these types of personnel.

IV. Flood and Storm Drainage Services.

Maintenance and operation of flood and storm drainage improvements owned or otherwise controlled by the City of Brentwood. Maintenance and operation may include but is not limited to:
a) Maintenance workers salaries, benefits and other associated operation and maintenance costs which are needed for the daily activities and normal employment of these types of personnel.

V. Joint Use School Site Services.
a) Maintenance of joint use school park facilities between the City and the School Districts within the City of Brentwood which includes, but is not limited to, elementary and secondary school park sites and structures servicing the residents of the City of Brentwood. Staff and maintenance workers salaries, benefits and other associated operation and maintenance costs which are needed for the daily activities and normal employment of these types of personnel are also included. Such services shall only be those necessary for the general public use of the joint use school park facilities and shall not include any costs associated with school use or maintenance.

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46 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
CFD NO. 4 FORMATION CITY COUNCIL RESOLUTION NO. 2004-263

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDED BOUNDARY MAP AND ESTABLISHING THE CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 4, AND PROVIDING FOR THE

LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN PUBLIC FACILITIES AND SERVICES IN AND FOR SUCH

COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS

WITHIN SUCH COMMUNITY FACILITIES DISTRICT THE QUESTION OF LEVYING SUCH SPECIAL TAX AND

ESTABLISHING AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the City Council (the "Council") of the City of Brentwood (the "City") has duly adopted Resolution No. 2004-215 (the "Resolution") on September 14, 2004, wherein the Council declared its intention to and proposed to establish a community facilities district under and pursuant to the terms and provisions of the Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended (the "Act"), to be known and designated as "Community Facilities District No.4, City of Brentwood, County of Contra Costa, State of California" (the "Community Facilities District"), to finance public facilities and services in and for the Community Facilities District under and pursuant to the Act (which are public facilities that the City is authorized by law to construct, own or operate and public services that the City is authorized to provide, and that said public facilities and services are necessary to meet increased demands placed upon the City as a result of development occurring and anticipated to occur in the Community Facilities District), and which public facilities (the "Facilities") and public services (the "Services") are listed in Exhibit A and Exhibit B, respectively, attached hereto and incorporated herein and made a part hereof. The costs of financing the acquisition and construction of the Facilities and providing for the Services include incidental expenses as listed in Exhibit C attached hereto and incorporated herein and made a part hereof; and WHEREAS, the Resolution fixed a time and place for a public hearing to be held by the Council to consider the establishment of the Community Facilities District, the proposed rate and method of apportionment of a special tax to finance the Facilities and the Services in and for the Community Facilities District and all other matters set forth in the Resolution; and WHEREAS, the proposed boundary map for the Community Facilities District was recorded in the office of the County Recorder of the County of Contra Costa on September 21, 2004, in Book 76 of Maps of Assessment and Community Facilities Districts at page 44; and
WHEREAS, the City Council has determined that it is in the best interest of the City and the property owners within the Community Facilities District to amend the boundary map to remove certain property from the Community Facilities District and to provide that the boundaries of the Community Facilities District are as shown on the Amended Boundary Map, a copy of which is on file with the City Clerk; and
WHEREAS, the Director of Finance and Information Systems of the City has caused a report to be prepared on such proposal in accordance with the Resolution, which such report was submitted to the Council for review and has been reviewed by the Council, and which such report is incorporated herein and made a part of the record of the hearing hereinafter referred to on the Resolution; and WHEREAS, pursuant to the Resolution, a public hearing was set by the Council for Tuesday, November 9, 2004, at 7:00 p.m., or as soon thereafter as the City may reach the matter, at the regular meeting place of the Council at the City Council Chambers at 734 Third Street, Brentwood, California 94513, at which hearing the Council considered the establishment of the Community Facilities District, the proposed rate and method of apportionment of such special tax, and all other matters set forth in the Resolution, and at such public hearing all persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District, were given an opportunity to appear and be heard, and the testimony of all interested persons and all taxpayers, property owners and registered voters for or against the establishment of the Community Facilities District and the levy of such special tax, or the extent of the Community Facilities District, or any of the Facilities and Services proposed therefore, or on any other matters set forth in the Resolution, was heard and considered, and such special tax has not been precluded by a majority protest pursuant to Section 53324 of the Government Code of the State of California, and the Council at the conclusion of said hearing was fully advised in the premises, and was authorized to proceed as hereinafter provided; and WHEREAS, one hundred percent (100%) of the qualified electors within the Community Facilities District have filed with the City Clerk waivers of certain time requirements for the conduct of the election in the Community Facilities District and consented to the increase in the maximum special tax rates, therefore, pursuant to the Act, the Council is authorized to form the Community Facilities District and conduct the election as provided herein; and WHEREAS, on the basis of the foregoing, the Council has determined at this time to call an election in the Community Facilities District to authorize the levy of a special tax therein (as the rate and method of apportionment of such tax, is more particularly set forth

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47 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
in Exhibit D, attached hereto and incorporated herein and made a part hereof) to pay for the Facilities and the Services proposed to be provided in and for the Community Facilities District, and to establish an appropriations limit for the Community Facilities District.

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

Section 1. The above recitals are true and correct, and the Council so finds and determines.

Section 2. The Council hereby reapproves and readopts the Resolution, and reconfirms all of its findings and determinations contained therein.

Section 4. The Council hereby approves the rate and method of apportionment of the special tax in and for the Community Facilities District as set forth in Exhibit D attached hereto and incorporated herein and made a part hereof, and upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the Community Facilities District, which lien shall continue in force and effect until (as to the public facilities portion of the special tax) the special tax obligation (or any portion thereof) is paid or prepaid and permanently satisfied and the public facilities portion of the special tax lien is cancelled in accordance with law, or until (as to the services portion of the special tax) collection of the special tax by the City ceases. The rate and method of apportionment of the special tax is set forth in Exhibit D attached to this resolution. The special tax with respect to the construction of facilities shall not be levied after Fiscal Year 2099-2100. The special tax with respect to the authorized services shall not be levied after Fiscal Year 2104-05. In the case of any special tax to pay for public facilities and to be levied against any parcel used for private residential purposes, under no circumstances will the special tax levied against any parcel be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within CFD No. 4 by more than 10 percent.

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48 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
Section 10. It is the intention of the Council, pursuant to Section 53340.1 of the Government Code of the State of California, to levy the special tax on the leasehold or possessory interests in property owned by a public agency (which property is otherwise exempt from the special tax) to be payable by the owner of the leasehold or possessory interests in such property.

Section 11. A special mailed-ballot election shall be and is hereby called and ordered to be held in the Community Facilities District on Tuesday, November 9, 2004, in accordance with and subject to the Act and applicable law and the terms hereof, at which special election there shall be submitted to the landowners within the Community Facilities District (which landowners are the electors and persons qualified to vote at said special election) the question of levying such special tax and the establishment of an appropriations limit in the amount of five million dollars ($5,000,000) for Fiscal Year 2004-05 in connection therewith for the Community Facilities District, as defined by Article XIIIB, Section 8(h) of the Constitution of the State of California, and the Council hereby directs that the election at which the question of levying such special tax and establishing such appropriations limit is submitted to the landowners within the Community Facilities District shall be consolidated with the election at which the question of incurring a bonded indebtedness in the amount of fifty million dollars ($50,000,000} for the Facilities is submitted to the landowners within the Community Facilities District, and the question of levying such special tax and establishing such appropriations limit shall be combined in one ballot proposition with the question of incurring such bonded indebtedness to finance the acquisition and construction of the Facilities and to be secured by a special tax to be levied within the Community Facilities District, all as provided by the Act.

Section 12. The City Clerk of the City is hereby designated as the official to conduct said special election, in accordance with and subject to the Act and applicable law and the following provisions:
(a) Said special election shall be held and conducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascertained and determined, as provided herein; and in all particulars not prescribed by this resolution said special election shall be held and conducted and the votes received and canvassed in the manner provided by law for the holding of special elections in the City and consistent with the Act. (b) All landowners within the Community Facilities District upon the date of the special election herein provided for shall be qualified to vote upon the proposition to be submitted at said special election. (c) Said special election shall be conducted as a mailed-ballot election, in accordance with the provisions of Sections 1340 et seq. and Section 23511.1 of the Elections Code of the State of California and the prior proceedings of the City taken thereunder, and there shall be no polling places for said special election. All ballots shall be delivered by the City Clerk of the City to such landowners, and all voted ballots are required to be received at the office of the City Clerk of the City not later than 7:00 o'clock P.M. on the day of the election in order to be counted, except that if all qualified electors have voted on the proposition hereby submitted, the election shall be closed.
(d) Each voter to vote for the proposition to be submitted at said special election and for levying such special tax and establishing such appropriations limit and incurring such bonded indebtedness shall mark a cross (+) in the blank space opposite the word "YES" on the ballot to the right of said proposition, and to vote against said proposition and against levying such special tax and establishing such appropriations limit and incurring such bonded indebtedness shall mark a cross (+) in the blank space opposite the word "NO" on the ballot to the right of said proposition, which cross (+) may be marked with either pen or pencil. (e) The City Clerk of the City shall commence the canvass of the returns of said special election immediately upon adoption of this resolution at the City Council Chambers at 734 Third Street, Brentwood, California 94513, and at the conclusion thereof shall determine the results of said special election; provided, that if all the qualified voters have voted prior to such date and time, the City Clerk of the City shall close said special election and thereupon shall proceed to canvass the returns of said special election and to determine the results thereof.
(f) The Council shall meet at its regular meeting on Tuesday, November 9, 2004, at its usual meeting place and declare the results of said special election, and shall cause to be spread upon its minutes a statement of the results of said special election as ascertained by said canvass.

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49 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
Section 15. If two-thirds (2/3) of the votes cast upon the question of levying such special tax and establishing such appropriations limit are cast in favor of levying such special tax and establishing such appropriations limit, as determined by the Council after reviewing the canvass of the returns of such consolidated election, the Council may levy such special tax within the territory of the Community Facilities District under the Act in the amount and for the purposes specified in this resolution, and such appropriations limit shall be established for the Community Facilities District, as defined by Article XIIIB, Section 8(h) of the Constitution of the State of California. Such special tax may be levied only at the rate and may be apportioned only in the manner specified in this resolution, subject to the Act, except that such special tax may be levied at a rate lower than that specified herein. Such special tax may be levied only so long as it is needed to pay for the Facilities and the Services referred to in Section 4 of this resolution, or so long as it is needed to pay the principal of and interest on the bonded indebtedness incurred in order to finance the acquisition and construction of the Facilities (including the repayment of funds advanced for the Community Facilities District).

Section 16. The Director of Finance and Information Systems of the City at 708 Third Street, Brentwood, California 94513 (telephone (925) 516-5400) will be responsible for preparing annually a current roll of special tax levy obligations by Contra Costa County Assessor's parcel numbers, and will be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 9th day of November 2004, by the following vote:

AYES: Councilmembers: Beckstrand, Gutierrez, Hill, Mayor Swisher NOES: None
ABSENT: Councilmember Petrovich
ABSTAIN: None

APPROVED:

Brian Swisher
Brian Swisher
Mayor
ATTEST:

Karen Diaz
Karen Diaz, CMC
City Clerk/Director of Administrative Services

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50 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions

EXHIBIT A

AUTHORIZED FACILITIES

FACILITIES
I. Flood and Storm Drainage Facilities.
a) Acquisition of lands, easements and rights-of-way needed for the construction and/or acquisition of flood and storm drainage facilities, including all necessary incidental costs such as, but not limited to, title reports, appraisals, etc. b) Construction and/or acquisition of flood and storm drainage facilities, including design, construction, administration etc. and all other miscellaneous costs needed to comply with local and state regulations.

II. Joint Use School Facilities.
a) Acquisition of lands, easements and rights-of-way needed for the construction and/or acquisition of school site joint use facilities, including all necessary incidental costs such as, but not limited to, title reports, appraisals, etc. b) Construction and/or acquisition of school site joint use facilities, including equipment, furnishings and all incidental costs needed to conduct joint use programs and services throughout the City.

III. Roadway Rehabilitation Facilities.
a) Acquisition of lands, easements and rights-of-way needed for the purposes of roadway rehabilitation, including all necessary incidental costs including title reports, appraisals, etc. b) Rehabilitation of roadways, including but not limited to pavement, curb, gutter, sidewalk, pavement sealing, etc. to repair, improve and extend the life of the roadway.

IV. Library Facilities.
a) Acquisition of lands, easements and rights-of-way needed for the construction and/or acquisition of library facilities, including all necessary incidental costs such as, but not limited to, title reports, appraisals, etc. b) Construction and/or acquisition of library facilities, including equipment, furnishings and all incidental costs needed.

This may include the expansion or rehabilitation of existing libraries.

V. Undergrounding of Utility Transmission and Distribution Facilities a) Acquisition of lands, easements and rights-of-way needed for the undergrounding of utility transmission and distribution facilities, including all necessary incidental costs such as, but not limited to, title reports, appraisals, etc. b) Undergrounding of utility transmission and distribution facilities, including construction, equipment, furnishings and all incidental costs related thereto.

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51 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions

EXHIBIT B

AUTHORIZED SERVICES

SERVICES
I. Fire Suppression and Emergency Medical Services.
a) Fire fighting and emergency medical service personnel salaries, benefits and other associated operations and maintenance costs which are needed for the daily activities and normal employment of these types of personnel.

II. Police Protection and Public Safety Services.
a) Police and public safety personnel salaries, benefits and other associated operation and maintenance costs which are needed for the daily activities and normal employment of these types of personnel.

III. Open Space Services.

IV. Flood and Storm Drainage Services.

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52 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
CFD NO. 5 FORMATION CITY COUNCIL RESOLUTION NO. 2007-152

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ESTABLISHING THE CITY OF BRENTWOOD COMMUNITY FACILITIES DISTRICT NO. 5, AND PROVIDING FOR THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE

CERTAIN PUBLIC FACILITIES AND SERVICES IN AND FOR SUCH COMMUNITY FACILITIES DISTRICT AND CALLING A

SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS WITHIN SUCH COMMUNITY FACILITIES DISTRICT THE

QUESTION OF LEVYING SUCH SPECIAL TAX AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT.

WHEREAS, the City Council (the "Council") of the City of Brentwood (the "City") has duly adopted Resolution No. 2007-76 (the "Resolution"), on April 24, 2007, wherein the Council declared its intention to and proposed to establish a community facilities district under and pursuant to the terms and provisions of the Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended (the "Act"), to be known and designated as "Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California" (the "Community Facilities District"), to finance public facilities and services in and for the Community Facilities District under and pursuant to the Act (which are public facilities that the City is authorized by law to construct, own or operate and public services that the City is authorized to provide, and that said public facilities and services are necessary to meet increased demands placed upon the City as a result of development occurring and anticipated to occur in the Community Facilities District), and which public facilities (the "Facilities") and public services (the "Services") are listed in Exhibit A-1, attached hereto and incorporated herein and made a part hereof. The costs of financing the acquisition and construction of the Facilities and providing for the Services include incidental expenses as listed in Exhibit C, attached hereto and incorporated herein and made a part hereof; and
WHEREAS, the Resolution fixed a time and place for a public hearing to be held by the Council to consider the establishment of the Community Facilities District, the proposed rate and method of apportionment of a special tax to finance the Facilities and the Services in and for the Community Facilities District and all other matters set forth in the Resolution; and WHEREAS, the proposed boundary map for the Community Facilities District was recorded in the office of the County Recorder of the County of Contra Costa on May 2, 2007, in Book 82 of Maps of Assessment and Community Facilities Districts at Page 7.

WHEREAS, the Director of Finance and Information Systems and the City Engineer of the City have caused a report to be prepared on such proposal in accordance with the Resolution, which such report (Exhibit A, attached hereto and incorporated herein and made a part hereof) was submitted to the Council for review and has been reviewed by the Council, and which such report is incorporated herein and made a part of the record of the hearing hereinafter referred to on the Resolution; and WHEREAS, pursuant to the Resolution, a public hearing was set by the Council for Tuesday, June 12, 2007, at 7:00p.m., or as soon thereafter as the City may reach the matter, at the regular meeting place of the Council at the City Council Chambers at 734 Third Street, Brentwood, California 94513, at which hearing the Council opened the Public Hearing at the time and place as scheduled and continued the Public Hearing to June 26, 2007. A Notice of Continuance was posted by the City Clerk within 24-hours at the usual place of the City Council agenda posting, notifying all interested parties of the continuance of the Public Hearing.

WHEREAS, on June 26, 2007, the City Council considered the establishment of the Community Facilities District, the proposed rate and method of apportionment of such special tax, and all other matters set forth in the Resolution, and at such public hearing all persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District, were given an opportunity to appear and be heard, and the testimony of all interested persons and all taxpayers, property owners and registered voters for or against the establishment of the Community Facilities District and the levy of such special tax, or the extent of the Community Facilities District, or any of the Facilities and Services proposed therefore, or on any other matters set forth in the Resolution, was heard and considered, and such special tax has not been precluded by a majority protest pursuant to Section 53324 of the Government Code of the State of California, and the Council at the conclusion of said hearing was fully advised in the premises, and was authorized to proceed as hereinafter provided; and WHEREAS one hundred percent (100%) of the qualified electors within the Community Facilities District have filed with the City Clerk waivers of certain time requirements as set forth in Exhibit E, for the conduct of the election in the Community Facilities District, therefore, pursuant to the Act, the Council is authorized to form the Community Facilities District and conduct the election as provided herein; and
WHEREAS, on the basis of the foregoing, the Council has determined at this time to call an election in the Community Facilities District to authorize the levy of a special tax therein (as the rate and method of apportionment of such tax, is more particularly set forth in Exhibit D, attached hereto and incorporated herein and made a part hereof) to pay for the Facilities and the Services proposed to be provided in and for the Community Facilities District, and to establish an appropriations limit for the Community Facilities District.

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

Section 1. The above recitals are true and correct, and the Council so finds and determines.

Section 2. The Council hereby reapproves and readopts the Resolution, and reconfirms all of its findings and determinations contained therein.

Section 3. The Council hereby approves the rate and method of apportionment of the special tax in and for the Community Facilities District as set forth in Exhibit D attached hereto and incorporated herein and made a part hereof, and upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the Community Facilities District, which lien shall continue in force and effect until (as to the public facilities portion of the special tax) the special tax obligation (or any portion thereof) is paid or prepaid and permanently satisfied and the public facilities portion of the special tax lien is cancelled in accordance with law, or until (as to the services portion of the special tax) collection of the special tax by the City ceases. The rate and method of apportionment of the special tax is set forth in Exhibit D attached to this resolution. The special tax with respect to the construction of facilities shall not be levied after Fiscal Year 2102-2103. The special tax with respect to the authorized services shall not be levied after Fiscal Year 2106-2107. In the case of any special tax to pay for public facilities and to be levied against any parcel used for private residential purposes, under no circumstances will the special tax levied against any parcel be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within CFD No. 5 by more than 10 percent.

Section 4. The Council finds and determines that written protests to the establishment of the Community Facilities District and the levy of such special tax, or the extent of the Community Facilities District, or the acquisition and construction of any of the Facilities or the provision of any of the Services proposed therefore, are insufficient in number and in amount under the Act, and the Council hereby further orders and determines that all protests to the establishment of the Community Facilities District therefore, or the levy of the special tax proposed to be levied therein, or the extent of the Community Facilities District, or the acquisition and construction of any of the Facilities or provision of any of the Services therefore, or the establishment of an appropriations limit for the Community Facilities District, are hereby overruled.

Section 5. The Council finds and determines that all prior proceedings had and taken by the Council with respect to the establishment of the Community Facilities District are valid and in conformity with the requirements of the Act; and accordingly, the Council finds, determines and orders that, consistent with the Resolution, the Community Facilities District is hereby established under and pursuant to the terms and provisions of the Act, the boundaries of which are as set forth in the Proposed Boundary Map on file with the City Clerk.

Section 6. Except where funds are otherwise available, a special tax sufficient to pay for the Facilities and the Services, including the payment of interest on and principal of bonds to be issued to finance the acquisition and construction of the Facilities and including the repayment of funds advanced by the City for the Community Facilities District and including the repayment under any agreement (which shall not constitute a debt or liability of the City) of advances of funds or the reimbursement for the lesser of the value or cost of work in-kind provided by any person for the Community Facilities District, which tax shall be secured by recordation of a continuing lien against all nonexempt property in the Community Facilities District, will be annually levied within the boundaries of the Community Facilities District, and for particulars as to the rate and method of apportionment of such special tax reference is made to Exhibit D, attached hereto and incorporated herein and made a part hereof, which sets forth the rate and method of apportionment of such special tax in sufficient detail to allow each landowner or resident within the Community Facilities District to estimate the maximum amount that such person will have to pay for the Facilities and the Services.

Section 7. It is the intention of the Council, pursuant to Section 53317.3 of the Government Code of the State of California, to levy the special tax on property that is not otherwise exempt from the special tax and that is acquired by a public entity through a negotiated transaction, or by gift or devise.

Section 8. It is the intention of the Council, pursuant to Section 53317.5 of the Government Code of the State of California, to treat the special tax levied against property that is acquired by a public entity through eminent domain proceedings as if it were a special annual assessment.

Section 9. It is the intention of the Council, pursuant to Section 53340.1 of the Government Code of the State of California, to levy the special tax on the leasehold or possessory interests in property owned by a public agency (which property is otherwise exempt from the special tax) to be payable by the owner of the leasehold or possessory interests in such property.

Section 10. A special mailed-ballot election shall be and is hereby called and ordered to be held in the Community Facilities District on Tuesday, June 26, 2007, in accordance with and subject to the Act and applicable law and the terms hereof, at which special election there shall be submitted to the landowners within the Community Facilities District (which landowners are the electors and

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54 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
persons qualified to vote at said special election) the question of levying such special tax and the establishment of an appropriations limit in the amount of ten million dollars ($10,000,000) for Fiscal Year 2006-07 in connection therewith for the Community Facilities District, as defined by Article XIIIB, Section 8(h) of the Constitution of the State of California, and the Council hereby directs that the election at which the question of levying such special tax and establishing such appropriations limit is submitted to the landowners within the Community Facilities District shall be consolidated with the election at which the question of incurring a bonded indebtedness in an amount not to exceed fifty million dollars ($50,000,000) for the Facilities is submitted to the landowners within the Community Facilities District, and the question of levying such special tax and establishing such appropriations limit shall be combined in one ballot proposition with the question of incurring such bonded indebtedness to finance the acquisition and construction of the Facilities and to be secured by a special tax to be levied within the Community Facilities District, all as provided by the Act.

Section 11. The City Clerk of the City is hereby designated as the official to conduct said special election, in accordance with and subject to the Act and applicable law and the following provisions:
(a) Said special election shall be held and conducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascertained and determined, as provided herein; and in all particulars not prescribed by this resolution said special election shall be held and conducted and the votes received and canvassed in the manner provided by law for the holding of special elections in the City and consistent with the Act. (b) All landowners within the Community Facilities District upon the date of the special election herein provided for shall be qualified to vote upon the proposition to be submitted at said special election. (c) Said special election shall be conducted as a mailed-ballot election, in accordance with the provisions of the Act and the prior proceedings of the City taken thereunder, and there shall be no polling places for said special election. All ballots shall be delivered by the City Clerk of the City to such landowners, and all voted ballots are required to be received at the office of the City Clerk of the City not later than 7:00 o'clock P.M. on the day of the election in order to be counted, except that if all qualified electors have voted on the proposition hereby submitted, the election shall be closed. (d) Each voter to vote for the proposition to be submitted at said special election and for levying such special tax and establishing such appropriations limit and incurring such bonded indebtedness shall mark a cross (+) in the blank space opposite the word "YES" on the ballot to the right of said proposition, and to vote against said proposition and against levying such special tax and establishing such appropriations limit and incurring such bonded indebtedness shall mark a cross (+) in the blank space opposite the word "NO" on the ballot to the right of said proposition, which cross (+) may be marked with either pen or pencil. (e) The City Clerk of the City shall commence the canvass of the returns of said special election immediately upon adoption of this resolution at the City Council Chambers at 734 Third Street, Brentwood, California 94513, and at the conclusion thereof shall determine the results of said special election; provided, that if all the qualified voters have voted prior to such date and time, the City Clerk of the City shall close said special election and thereupon shall proceed to canvass the returns of said special election and to determine the results thereof.
(f) The Council shall meet at its regular meeting on Tuesday, June 26, 2007, at its usual meeting place and declare the results of said special election, and shall cause to be spread upon its minutes a statement of the results of said special election as ascertained by said canvass.

Section 12. The Council hereby approves the form of Waiver and Consent Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in the Community Facilities District, a copy of which is attached hereto as Exhibit E.

Section 13. The Council hereby accepts the Certificate of the City Clerk certifying that 100% of the voters eligible to vote in this election have delivered to the City Clerk properly executed waivers in the form of Exhibit E.

Section 14. If two-thirds (2/3) of the votes cast upon the question of levying such special tax and establishing such appropriations limit are cast in favor of levying such special tax and establishing such appropriations limit, as determined by the Council after reviewing the canvass of the returns of such consolidated election, the Council may levy such special tax within the territory of the Community Facilities District under the Act in the amount and for the purposes specified in this resolution, and such appropriations limit shall be established for the Community Facilities District, as defined by Article XIIIB, Section 8(h) of the Constitution of the State of California. Such special tax may be levied only at the rate and may be apportioned only in the manner specified in this resolution, subject to the Act, except that such special tax may be levied at a rate lower than that specified herein. Such special tax may be levied

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55 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
only so long as it is needed to pay for the Facilities and the Services referred to in Section 4 of this resolution, or so long as it is needed to pay the principal of and interest on the bonded indebtedness incurred in order to finance the acquisition and construction of the Facilities (including the repayment of funds advanced for the Community Facilities District).

Section 15. The Director of Finance and Information Systems of the City at 708 Third Street, Brentwood, California 94513 (telephone (925) 516-5400) will be responsible for preparing annually a current roll of special tax levy obligations by Contra Costa County Assessor's parcel numbers, and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Government Code of the State of California.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 26th day of June 2007, by the following vote:

AYES: Becnel, Brockman, Richey, Stonebarger, Taylor
NOES: None
ABSENT: None
ABSTAIN: None

APPROVED:

Robert Taylor
Robert Taylor
Mayor
ATTEST:

Margaret Wimberly
Margaret Wimberly, CMC
City Clerk

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56 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
EXHIBIT A-1
CITY OF BRENTWOOD Community
Facilities District No. 5

PUBLIC FACILITIES AND SERVICES TO BE PROVIDED
BY COMMUNITY FACILTIES DISTRICT NO. 5
The Facilities and Services shown below are proposed to be financed by Community Facilities District No. 5 (the "CFD") of the City of Brentwood (the "City'') and consist of the following:

FACILITIES
I. Public Protection and Safety Facilities.
a) Acquisition of lands, easements and rights-of-way needed for the construction and/or acquisition of public protection and safety facilities, including but not limited to Emergency Operations Center, Dispatch Center and Mobile Command Center, together with all associated costs including, but not limited to, professional services, title reports and appraisals.
b) Construction and/or acquisition of public protection and safety facilities, including, but not limited to, design, construction, administration, equipment, furnishings, and all incidental costs necessary to provide said facilities and public protection and safety services and programs throughout the City.

II. Governmental and Community Facilities.
a) Governmental and Community Facilities which the City of Brentwood is authorized by law to contribute revenue to, construct, own or operate, including, but not limited to, Community and Cultural Centers, Libraries, Joint Use School Facilities and Downtown Brentwood Infrastructure. This may include the expansion, rehabilitation and/or upgrade of existing facilities.
b) Acquisition of lands, easements and rights-of-way needed for the construction and/or acquisition of governmental and community facilities, together with all associated costs including, but not limited to, professional services, title reports and appraisals.
c) Construction and/or acquisition of governmental and community facilities, including, but not limited to, design, construction, administration, equipment, furnishings, and all incidental costs necessary to provide said facilities for conducting community and/or joint use programs and services throughout the City.

Ill. Flood and Storm Drainage Facilities.
a) Acquisition of lands, easements and rights-of-way needed for the construction, acquisition and/or modification of flood and storm drainage facilities, together with all associated costs including, but not limited to, professional services, title reports and appraisals.
b) Construction, acquisition and/or modification of flood and storm drainage facilities, including, but not limited to, design, construction, administration and equipment together with all other miscellaneous costs necessary for compliance with local, state and federal regulations.

IV. Roadway Construction and Rehabilitation of Facilities. a) Acquisition of lands, easements and rights-of-way needed for the purposes of roadway construction, modification, rehabilitation and/or widening, together with all associated costs including, but not limited to, professional services, title reports and appraisals.
b) Construction, modification, rehabilitation and/or widening of roadways, including, but not limited to pavement, curb, gutter, sidewalk and pavement sealing, necessary to repair, improve and extend the life of the roadway.

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57 2023/24 Combined Community Facilities District Annual Report for Special Taxes Levied Formation Resolutions
V. Undergrounding of Utility Transmission and Distribution Facilities. a) Acquisition of lands, easements and rights-of-way needed for the undergrounding of utility transmission and distribution facilities, together with all associated costs including, but not limited to, professional services, title reports and appraisals.
b) Undergrounding of utility transmission and distribution facilities, including construction, equipment, furnishings and all incidental costs related thereto.

SERVICES
The following services to be provided by the Community Facilities District are in addition to those presently provided within the territory of the district.

I. Public Protection and Safety Services.
a) Public protection and safety personnel salaries, benefits and other associated operation and maintenance costs which are needed for the daily activities and normal operation of these types of services and the employment of the necessary personnel.

II. Joint Use School Site Services
a) Maintenance of joint use school park facilities and structures between the City and the School Districts within the City of Brentwood which includes, but is not limited to, elementary and secondary school park sites and structures servicing the residents of the City of Brentwood. Such services shall only be those necessary for the City's share of the general public use of the joint use school park facilities and structures, and shall not include any costs associated with school use or maintenance.
b) Personnel salaries, benefits and other associated operation and maintenance costs which are needed for the daily activities and normal operation of these types of services and programs and the employment of the necessary personnel.

III. Flood and Storm Drainage Services.
a) Maintenance, operation and inspection for regulatory compliance of flood and storm drainage improvements owned or otherwise controlled by the City of Brentwood.
b) Salaries, benefits and other associated operation, maintenance and regulatory compliance inspection costs which are needed for the daily activities and normal employment of these types of personnel.

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CITY COUNCIL AGENDA ITEM NO. F.13
12/10/2024
SUBJECT: Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2023/24.

DEPARTMENT: Finance & Information Systems
STAFF: Kerry Breen, Director of Finance & Information Systems Sonia Agostini, Accounting Manager

TITLE/RECOMMENDATION
The Supplement to the Annual Report on the Low and Moderate Income Housing Fund ensures compliance with Senate Bill 341 (SB 341) requirements for Housing Successors and will be submitted to the Department of Housing and Community Development (HCD) as an addendum to the Annual Progress Report that will be prepared in Spring 2025. Staff recommends that the City Council receive and file the Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2023/24.

FISCAL IMPACT
There is no fiscal impact associated with the City Council receiving this report. The information in the Supplement to the Annual Report on the Low and Moderate Income Housing Fund is required by law to be posted on the City’s website and be submitted to HCD.

BACKGROUND
The state of California passed the Community Redevelopment Law, which set up a framework to allow cities and counties to form redevelopment agencies (RDA’s).

These agencies, set up as separate entities from the city focused on addressing blight in communities by redeveloping commercial, industrial, and residential areas into new projects. One of the primary accomplishments of RDA’s was the development of affordable housing in communities. This was primarily done through a special financing method that RDA’s used: tax increment financing, which allowed RDA’s to capture the increased property taxes in blighted areas and reinvest that money into the area for improvements.

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CITY COUNCIL AGENDA ITEM NO. F.13
12/10/2024
In 2011, the state passed new legislation dissolving all California RDA’s. In order to wind down the affairs and enforce outstanding obligations of the defunct RDA’s, successor agencies were identified. In most instances, the successor agencies were simply the governmental bodies that had established each RDA in the first case.

Housing successor agencies were also set up to take over the housing functions and assets of the former RDA. They are not separate legal entities – cities generally rolled housing obligations and assets of former RDAs into existing city housing and community development departments.

In Brentwood, in addition to serving as the Successor Agency to the former Brentwood Redevelopment Agency (RDA), the City is also serving as Housing Successor. On January 10, 2012, in its capacity as Housing Successor, the City assumed the housing functions of the former RDA. These housing functions included the transfer of formerly designated RDA Low and Moderate Income Housing funds and property. These assets are required to be kept by the City in a separate fund and spent in accordance with Health and Safety Code Section 34176.1. The state Department of Finance (DOF) has reviewed and approved all Housing Successor related asset transfers from the Successor Agency.

State reporting requirements established the Low and Moderate Income Housing Fund (“Fund”) of the former redevelopment agency, now owned, operated and administered by the City as Housing Successor. To ensure that the money in the Fund is spent as required by , Health and Safety Code Section 34176.1(f) requires an independent financial audit of the Fund within six months of the end of the fiscal year, which ended June 30, 2024. The independent audit of the City’s Fund was included as part of the City’s Annual Comprehensive Financial Report (ACFR) prepared by City staff and audited by Maze and Associates, the City’s independent auditor. The ACFR, along with the Independent Auditor’s Report, is scheduled to be presented to the City Council on tonight’s agenda, via a separate agenda item. Staff will post the ACFR to the City’s website following presentation to the City Council.

SB 341 also requires annual reporting of 13 specific items. Staff has prepared a supplemental report, attached as Exhibit “A”, in compliance with this requirement.

The report must be posted on the City's website, which will occur following the review and receipt of this item by the City Council. The report will also be submitted to HCD as an addendum to the Annual Progress Report provided to HCD concerning the progress of the implementation of the City’s Housing Element.

The report includes the following information:

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CITY COUNCIL AGENDA ITEM NO. F.13
12/10/2024
• There was a $16,306 cash balance in the Fund for the fiscal year ending June 30, 2024, with $0 expenditures during the period.
• The Fund holds two parcels (1907 and 1909 Jane Way) with a combined statutory value of $420,000. During FY 2023/24, the City reduced the carrying value of these parcels based on values included in the January 4, 2024 appraisal reports prepared by certified general real estate appraisers at the City’s request. The City had until September 18, 2017, to either initiate activities consistent with the development of the property for low and moderate housing purposes, or otherwise dispose of the property. • The Fund holds loans/grants receivable related to affordable housing totaling $5,190,818, although the entirety of this amount is expected to be forgiven. • 47% (160 out of 338) of the affordable housing units assisted by the Housing Successor are restricted for seniors.
• There is no “excess surplus” (or unencumbered funds of more than one million dollars, as defined by SB 341) in the Fund.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)

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CITY COUNCIL AGENDA ITEM NO. F.13
12/10/2024

1. Council may choose to not receive and file the supplement report, however, compliance with Senate Bill 341 (SB 341) requirements would not be met.

ATTACHMENT(S)

1. Attachment 1 - Previous Action

2. Exhibit “A”– Supplement to the Annual Report on the Low and Moderate Income Housing Fund for the Fiscal Year Ended June 30, 2024

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

On January 10, 2012, the City Council adopted Resolution No. 2012-07 determining that the City of Brentwood would (1) serve as the Successor Agency to the Brentwood Redevelopment Agency and (2) elect to retain the housing assets and functions previously held and performed by the former Brentwood Redevelopment Agency.

On December 12, 2023, the City Council received and filed the Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2022/23.

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1)
None to report
2)
Amount deposited to the LMIHF (comprised entirely of investment income): $ 860.14 Amount deposited for items listed on the ROPS: $ ‐
3)
$ 16,306.16$ 3.77
$ 420,000.00$ ‐
Amounts held for items listed on the ROPS: $ ‐
$ 436,309.93
4)
A) Monitoring affordability restrictions or covenants and administering activities: $ ‐ B) Homeless prevention and rapid rehousing services: $ ‐ C) Development of housing: $ ‐
Total expenditures from the Low and Moderate Income Housing Fund: $ ‐ A description of expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring andpreserving the long‐term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) ofsubdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described inparagraphs (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a).

City of Brentwood
Supplement to the Annual Report on the Low and Moderate Income Housing Fund For the Fiscal Year Ended June 30, 2024
Accounts Payable:

The amount deposited to the Low and Moderate Income Housing Asset Fund (LMIHF), distinguishing any amounts depositedfor items listed on the Recognized Obligation Payment Schedule (ROPS) from other amounts.

A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the ROPS from other amounts.

Cash balance of the fund as of the close of the fiscal year:

Accrued Interest Receivable:

The amount the city, county, or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4.

Total fund balance:

Land:

Exhibit "A"

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City of Brentwood
Supplement to the Annual Report on the Low and Moderate Income Housing Fund For the Fiscal Year Ended June 30, 2024
Exhibit "A"
5)
Statutory value of real property owned by Housing Successor:
1909 Jane Way: $ 200,000.00
1907 Jane Way: $ 220,000.00
Total statutory value of real property: $ 420,000.00
Value of loans and grants receivable:

Christian Church Homes ‐ Sycamore Place 2: $ 1,225,076.87 Eden Housing ‐ Brentwood Senior Commons: $ 157,125.00
Mercy Housing ‐ Villa Amador: $ 2,135,000.00
Christian Church Homes ‐ Sycamore Place 1: $ 314,550.00 Brentwood Senior Commons: $ 400,000.00
Green Valley Apartments: $ 959,065.71
Subtotal value of loans and grants receivable: $ 5,190,817.58 Less amounts expected to be forgiven: $ (5,190,817.58)
Total book value of grants and loans receivable: $ ‐
Total value of real property and grants/loans receivable: 420,000.00 $ 6)
No transfers or projects to report
7)
No projects to report
8)
Per Health and Safety Code 33334.16, the City haduntil September 18, 2017 to initiate activitiesconsistent with the development of property for lowand moderate income housing purposes. Although this date has passed, the City continues to pursueoptions for development of this parcel for low andmoderate income housing purposes. On October 13,2020 the City Council declared these parcels assurplus, thus allowing for the sale of the properties ifLow/Mod use is not able to be arranged. Noadditional interest in real property has been acquiredsince September 18, 2012.

As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, thevalue of loans and grants receivable, and the sum of these two amounts.

A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if stillunencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds havebeen or will be expended if that project has not yet been placed in service.

A description of any project that the housing successor receives or holds property tax revenue pursuant to the ROPS and thestatus of that project.

For interests in real property acquired by the former redevelopment agency before February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update onthe project.NOTE: Section 34176.1 ( e ) which states that “… [w]ith respect to interests in real property acquired by the formerredevelopment agency before February 1, 2012, the time periods described in Section 33334.16 shall be deemed to havecommenced on the date that the [Department of Finance] approved the property as a housing asset.” The DOF approvedthe transfer of all real property holdings, as described in item 4 above, on September 18, 2012.

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City of Brentwood
Supplement to the Annual Report on the Low and Moderate Income Housing Fund For the Fiscal Year Ended June 30, 2024
Exhibit "A"
9)
No obligations to report
10)
City is in compliance with California Health and SafetyCode 34176.1 subparagraph (A) and (B) of paragraph(3) of subdivision (a). 11)
A total of 160 out of 338 units are restricted for
senior and assisted living purposes. This equates to47.3% of all deed restricted units from the prior 10years. These figures do not include units funded bythe City's inclusionary housing program. 12)
$ ‐
13)
A) The number of those units None to report
None to reportNone to reportNone to report
The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housingsuccessor's plan for eliminating the excess surplus.

A description of any outstanding obligations pursuant to Section 33413 that remained to transfer to the housing successoron February 1, 2012, of the housing successor's progress in meeting those obligations, and of the housing successor's plansto meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site theimplementation plans of the former redevelopment agency.

The information required by subparagraph (B) of paragraph (3) of subdivision (a).

NOTE: subparagraph (B) of paragraph (3) of subdivision (a) states: If the housing successor fails to comply with theextremely low income requirement in any five‐year report, then the housing successor shall ensure that at least 50 percent of these remaining funds expended in each fiscal year following the latest fiscal year following the report are expended forthe development of rental housing affordable to, and occupied by, households earning 30 percent or less of the areamedian income until the housing successor demonstrates compliance with the extremely low income requirement in anannual report described in subdivision (f).

An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that aresubject to covenants or restrictions or to an adopted program that protects the former redevelopment agency's investmentof moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventoryshall include all of the following information:

B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses.

C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency's investment of moneys from the Low and moderate Income Housing Fund.

D) Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity.

The percentage of units of deed‐restricted rental housing units restricted to senior and assisted individually or jointly by thehousing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to theaggregate number of units of deed‐restricted rental housing assisted individually or jointly by the housing successor, itsformer redevelopment agency, and its host jurisdiction within the same time period.

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1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
August 27, 2024, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:05 p.m.

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

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

C. PUBLIC COMMENTS
Mayor Bryant opened Public Comments.

The City Council received written public comments from Mrs. Walker and an anonymous writer regarding concerns related to labor negotiations and employee morale; and a written public comment from Fiza Gulrez regarding the use of livestock for weed abatement in Deer Ridge.

Masood Hashim provided comments regarding damage created by the cattle used for weed abatement and concern for Heritage High School and Adams Middle School students who cannot walk through the former Deer Ridge golf course.

Melissa van Ruiten provided comments regarding public safety as it relates to drivers running red lights.

Jim Howard, Jaylene Walker, Rebecca Mares, Diva, Abel Ordaz, Violet, and Cynthia Hurtado provided comments expressing concerns of employee moral as a result of the status of labor negotiations, mandatory trainings, and Council-directed spending.

Clifton Fagerquist, Yildez, Nabela Khair, Greg Chapman, Paula Chapman, and Yalda Khaliki provided comments regarding the negative consequences of utilizing cattle for the purpose of weed abatement.

Danny Dohrmann provided comments encouraging residents of Deer Ridge to submit complaints to the city regarding their concerns and provided comments regarding concerns related to Community Development staff.

Paul provided comments regarding DEI in the workforce, Covid-19 vaccination statistics, and the importance of having emergency survival kit supplies in the event of a widespread utility outage.

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2 There being no one else wishing to speak, Mayor Bryant closed Public Comments.

D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans thanked everyone for their attendance and for their public comments; reported on attendance at the Chamber of Commerce ribbon cutting for Balanced Wellness and Beauty, Commander Bill Weber's memorial service, the Farmer's Market, a retirement gathering for Traffic Engineer Steve Kersevan, the Brentwood Chamber of Commerce mixer at Vibe Beauty & Boutique; and watched the Planning Commission meeting.

Vice Mayor Meyer thanked everyone who came and spoke; reported on attendance at a virtual Community Day of Service Planning Committee meeting; and watched the Land Use and Development Committee and the Planning Commission meetings.

Council Member Mendoza thanked everyone for their comments; and reported on attendance at a League of California Cities Latino Caucus board meeting, Land Use and Economic Development (LUD) meeting, and Commander Bill Weber's memorial service.

Council Member Pierson reported on attendance at Commander Bill Weber's memorial service and read a statement addressing the limitations on what can be discussed by Council Members at the dais as it relates to labor negotiations and expressed appreciation of staff.

Mayor Bryant reported on attendance at Commander Bill Weber's memorial service and a meeting with the Tri Delta directors.

Bruce Mulder, Parks and Recreation Director, provided an update on a recent meeting with residents regarding the Summerset wall.

Tim Ogden, City Manager, provided an update regarding the development of the new fire station.

E. CONSENT CALENDAR
Mayor Bryant pulled item E.3 to be considered separately from the Consent Calendar.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted the Consent Calendar as recommended by staff, excluding item E.3.

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

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3 Motion Approved (5 to 0)
E.1 Minutes of the Special City Council meeting of August 13, 2024 E.2 Minutes of the City Council/Successor Agency/BIFA meeting of August 13, 2024
E.3 A Proclamation proclaiming September 2024 as National Senior Center Month
Mayor Bryant presented the proclamation to representatives of the Senior Center and Senior Club Board.

Moved by: Joel Bryant, Mayor
Seconded by: Pa'tanisha Pierson, Council Member
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
E.4 A Proclamation Proclaiming September 2024, as Childhood Cancer Awareness Month
E.5 A Proclamation proclaiming September 8th - 14th, 2024, as National Suicide Prevention Week
E.6 Notice of Completion for Perfection Painting Corp. for the Civic Center Painting project
Adopted Resolution 2024-93 accepting the work performed by Perfection Painting Corp. (“PPC”) for the Civic Center Painting project (“Project”); and requesting the City Clerk to file a Notice of Completion with the County Recorder.

E.7 Setting the General Obligation Bond Tax Rate of .0046% for the 2024/25 tax roll
Adopted Resolution 2024-94 adopting the General Obligation Bond Tax Rate of .0046% for the 2024/25 property tax roll and requesting submittal to Contra Costa County.

F. PUBLIC HEARINGS

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4 F.1 An application for the Bridle Gate project, including a Revised Environmental Impact Report, Vesting Tentative Subdivision Map, and Design Review
Alexis Morris, Director of Community Development, introduced consultants from Raney Planning and Management, Kimley Horn, and Ballard Noise Consultants.

Mayor Bryant opened the public hearing.

Doug Chan spoke on behalf of the applicant.

The City Council received written public comment in support of upholding the Planning Commission's denial of the Bridle Gate project from Dipernra Rai, Discovery Builders, Nicole Xavier, and Robert Juracich.

The City Council received written public comment in support of overturning the Planning Commission's denial of the Bridle Gate project from Patterson O'Neill and YIMBY Law.

Ken Ervin, Danny Dohrmann, Melissa van Ruiten, Sue Harper, Laura Avila, Sandra Myers, Antonio Xavier, Ian Cohen, Sinziana Todor, Carolyn, Carolina Villaseca, and Marisol Valles spoke in support of upholding the Planning Commission's denial of the project as presented.

Brayden Haena spoke in support of overturning the Planning Commission's denial of the project.

It was moved/seconded by Meyer/Pierson to closed public hearing and the motion carried unanimously.

Following the vote, City Council recessed at 9:39 p.m. and reconvened in open session at 9:52 p.m.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
The City Council, by motion, denied the appeal, upholding the Planning Commission’s action to deny the project and provided direction to staff to bring the item back for Council consideration.

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5 G.1 Presentation of an Inclusive and Adaptive Recreation Update and direction from City Council
Thien Nguyen, Recreation Manager, and Lindsey Pinell, Recreation Supervisor presented the item.

Mayor Bryant opened the public comment period.

Joey Oso and Lynda Green, Be Exceptional, expressed a desire to continue providing services to the City of Brentwood and partnering with the City in Inclusive and Adaptive Recreation.

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

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
Accepted the Inclusive and Adaptive Recreation Update report and provided direction to staff to bring back Option 2 as recommended by the Age and Disabilities Friendly Communities Committee, during the mid-year budget process.

Darin Gale, Assistant City Manager presented the item.

Mayor Bryant opened the public comment period.

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

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Tony Oerlemans, Council Member
Adopted Successor Agency Resolution 2024-05-SA approving and authorizing the Executive Director, or designee, in coordination with the General Counsel, to execute an Agreement for Purchase and Sale of real property with Hagar Realty, or related entity in substantial conformance with the attached agreement, for Successor Agencyowned property located on the southeast corner of Oak Street and Walnut Boulevard (APN 013-232-006), and authorizing execution of other documents as necessary to complete the transaction.

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6 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.3 Temporary pickleball courts overlay on the basketball court at Pioneer Park
Bruce Mulder, Director of Parks and Recreation presented the item.

Mayor Bryant opened the public comment period.

Melissa van Ruiten provided comments in support of temporary courts as long as the basketball courts are still usable.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
The City Council, by motion, approved a recommendation by the Park and Recreation Commission to have staff proceed with striping the two pickleball courts and other improvements for a pilot pickleball program.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.4 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
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, continued the consideration of the item to the next available City Council meeting.

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

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7 Motion Approved (5 to 0)
H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
There were no new requests made for future agenda items.

I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 A Request from Council Member Mendoza for the preparation of a memo on the status of improvements to a wall located in Summerset Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, continued the consideration of the item to the next available City Council meeting.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
I.2 A Request from Council Member Mendoza requesting staff hold a townhall related to permitting and business license processes Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, continued the consideration of the item to the next available City Council meeting.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
I.3 A Request from Council Member Pierson requesting staff prepare information related to the trail between American Avenue and Mountain View Drive
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, continued the consideration of the item to the next available City Council meeting.

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8 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
J. PRESENTATIONS
J.1 Recognition of City Clerk, Margaret Wimberly, upon the occasion of her retirement
Mayor Bryant and the City Council members presented Margaret Wimberly, City Clerk, with a key to the City and a plaque recognizing her 23 years of service to the City of Brentwood.

Mayor Bryant opened public comment.

Brayden Haena, Stacey Dempsey, Cyd Debray, Greg Robinson, Danny Dohrmann, Carolina Villaseca, and Ian Cohen provided comments of appreciation for Margaret's dedicated service to the City of Brentwood and expressed how how greatly she will be missed.

Mayor Bryant closed public comment.

K. ADJOURNMENT
It was moved/seconded by Pierson/Meyer to adjourn the meeting at 11:40 p.m. in honor of Margaret Wimberly's 23 years of dedicated service to the City of Brentwood and the motion carried unanimously.

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1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
September 10, 2024, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 8:15 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
Lisa Maule provided information on the Art Guild of the Delta's Banner-up auction event to be held on Saturday, September 14, 2024.

Melissa van Ruiten provided comments in support of DEI initiatives.

Rojan Habon and Alana Osivwemu, representing the Brentwood Youth Commission, provided an update on upcoming events including the Homecoming Parade, the Multi-Cultural Festival and Hometown Halloween.

Emiliano Diaz read the Bible verse of the day.

Scott Dempsey, Romeeka, Ashley D., Heather Silfies, Jaylene, Sonia, and Beth Baldwin provided comments expressing the concerns and negative impacts of the ongoing labor negotiations and the classification and compensation study.

Danny Dohrmann provided comments regarding the City's Affordable Housing Program vetting process and stated support for Council Member Mendoza, Vice Mayor Meyer, and Planning Commissioner Roberts.

D. PRESENTATIONS
There were no presentations.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Mendoza reported on attendance at the East Contra Costa Historical Society Annual Community Barbecue, Our Neighborhood Voices meetings, a Latino Caucus meeting, and watched the Planning Commission meeting.

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2 Council Member Pierson reported on attendance at the Blue Ribbon Cutting for Daniel P. Torres Financial & Insurance Services celebrating 15 years of service in the City of Brentwood, La Gran Fiesta, and watched the Planning Commission meeting.

Council Member Oerlemans reported on attendance at the Blue Ribbon Cutting for Daniel P. Torres Financial & Insurance Services, the swearing-in of a new Brentwood Police Officer, Mayors Conference, PAL board meeting, and watched the Planning Commission meeting.

Vice Mayor Meyer reported on attendance at the Imagine Job Fair and Brentwood Party Rentals Law Enforcement Job Fair at the Streets of Brentwood, Mayors Conference, East Contra Costa Historical Society Annual Community Barbecue, and watched the Planning Commission meeting.

Mayor Bryant reported on attendance at the swearing-in of a new Brentwood Police Officer.

F. CONSENT CALENDAR
Mayor Bryant pulled Item F.1 to be heard separately from the Consent Calendar.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Adopted the Consent Calendar as recommended by staff, excluding Item F.1.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.1 A Proclamation Recognizing the 95th Anniversary of the Brentwood Lion's Club
Mayor Bryant presented the proclamation to the Brentwood Lion's Club.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.2 A Proclamation Proclaiming September 11, 2024, as Patriot Day F.3 Write-Off of Uncollectible Accounts Receivable Over $5,000

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3 Adopted Resolution 2024-95 authorizing the write-off of two uncollectible account receivables in the amounts of $7,319.20 and $7,497.79
F.4 Purchase one new 40,000 lb Equipment Trailer, and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $90,225.

Adopted Resolution 2024-96 approving the purchase of one new 40,000 lb Equipment Trailer (Trail-Eze TE401) from Great Western Trailer in Fontana, CA; and authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $90,225.

F.5 Consideration of Recommendation and Potential Appointment of Angela Caprini to the Arts Commission
The City Council, by motion, appointed Angela Caprini to the Arts Commission, with a term expiring on December 31, 2026.

G. PUBLIC HEARINGS
G.1 Approve the Final Engineer’s Report, and confirm and order the formation of Landscape & Lighting Assessment District No. 24-2 (Trumark Trailside)
Mayor Bryant opened the public hearing, there being no one wishing to speak on the item, Mayor Bryant closed the public hearing.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
The City Council, by motion, continued the item to September 24, 2024.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.2 Approve the Final Engineer’s Report, and confirm the ordering of the formation of Landscape & Lighting Assessment District No. 24-1 (Hanson Lane)
Mayor Bryant opened the public hearing.

There being no one wishing to speak on the item, it was moved/seconded by Mendoza/Meyer to close the public hearing and the motion carried unanimously.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor

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4 Adopted Resolution 2024-98 ordering the formation of Landscape & Lighting Assessment District No. 24-1 (Hanson Lane); ordering improvements and confirming the diagram and assessments as shown in the Landscape & Lighting Assessment District No. 24-1 (Hanson Lane) 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.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.3 Approve the Final Engineer’s Report, and confirm and order the formation of Landscape & Lighting Assessment District No. 24-3 (Inez Estates).

Mayor Bryant opened the public hearing.

There being no one wishing to speak on the item, it was moved/seconded by Pierson/Oerlemans to close the public hearing and the motion carried unanimously.

Moved by: Tony Oerlemans, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2024-99 ordering the formation of Landscape & Lighting Assessment District No. 24-3 (Inez Estates); ordering improvements and confirming the diagram and assessments as shown in the Landscape & Lighting Assessment District No. 24-3 (Inez Estates) 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.

Sunny Ghai spoke on behalf of the applicant.

Jason Read, Mel Young, Bob Gutierrez, Denise Cosgrove, and Frank Orosco, spoke in support of approving the item.

Laura Avila, Melissa van Ruiten, Marivel Mendoza, Selena Martinez, Planning Commissioner Rod Flohr, Danny Dorhmann, Alejandro

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5 Cuevas, Marisol Valles, Carolina Villaseca, and Sinziana Todor spoke in opposition of approving the item.

There being no one else wishing to speak, it was moved/seconded by Pierson/Meyer to close the public hearing and the motion carried unanimously.

The City Council recessed at 10:41 p.m. and reconvened in open session at 10:55p.m.

Following Council discussion, the City Council recessed at 11:57 p.m. and reconvened in open session at 12:09 a.m. (Wednesday, September 11, 2024).

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2024-97 denying Conditional Use Permit (CUP 23- 006) and Design Review (DR 23-003) for a 2,735 square foot Popeye’s restaurant to operate between the hours of 10:00 a.m. and 12:00 a.m. and to feature a drive-through located at 7820 Brentwood Boulevard (APN 016-150-106).

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Noes (1): Tony Oerlemans, Council Member
Motion Approved (4 to 1)
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
The City Council, by motion, denied a Design Review (DR 23-003) for a new restaurant building with a drive-through feature located at 7820 Brentwood Boulevard (APN 016-150-106) on the basis that it cannot be approved due to the denial of the Conditional Use Permit (CUP 23- 006) and directed staff to include the Design Review denial language in Resolution 2024-97.

Ayes (3): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, and Pa'tanisha Pierson, Council Member
Noes (2): Tony Oerlemans, Council Member, and Joel Bryant, Mayor Motion Approved (3 to 2)
H. BUSINESS ITEMS
H.1 Approve the proposed refunding of the outstanding Water Revenue Refunding Bonds, Series 2014 through the issuance of Water Revenue

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6 Refunding Bonds, Series 2024 (the “2024 Bonds”) and direct staff to take all necessary steps to execute and deliver any and Mayor Bryant opened the public comment period. There being no one wishing to speak on the item, Mayor Bryant closed the public comment period.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Tony Oerlemans, Council Member
Adopted City Council Resolution 2024-111 1) authorizing issuance and sale of the 2024 Bonds; 2) authorizing execution of a Third Supplemental Trust Agreement; 3) authorizing execution of a Third Supplemental Installment Sale Agreement; 4) authorizing execution of a Bond Purchase Contract; 5) approving an Official Statement; and 6) directing staff to take all necessary steps to execute and deliver any and all documents necessary to facilitate the issuance, sale and delivery of the 2024 Bonds.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Brentwood Infrastructure Financing Authority (“BIFA”) Resolution BIFA 52 1) authorizing issuance and sale of the 2024 Bonds; 2) authorizing execution of a Third Supplemental Trust Agreement; 3) authorizing execution of a Third Supplemental Installment Sale Agreement; 4) authorizing execution of a Bond Purchase Contract; 5) approving an Official Statement; and 6) directing staff to take all necessary steps to execute and deliver any and all documents necessary to facilitate the issuance, sale and delivery of the 2024 Bonds.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H.2 Introduction and Waiver of First Reading of an Ordinance Amending the Brentwood Municipal Code to allow Pad-Mounted Transformers within Development Projects.

Moved by: Joel Bryant, Mayor
Seconded by: Jovita Mendoza, Council Member

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7 The City Council, by motion, continued consideration of the item to the next available City Council meeting.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H.3 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
Moved by: Joel Bryant, Mayor
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, continued consideration of the item to the next available City Council meeting.

J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 A Request from Council Member Mendoza for the preparation of a memo on the status of improvements to a wall located in Summerset.

Council Member Mendoza presented the item.

Nick, on behalf of Summerset I, requested the memo be made public.

Paul, President of Summerset I, requested the City Council provide the necessary direction to staff.

Bruce provided an update on behalf of staff.

Council Member Mendoza withdrew her request.

Withdrawn
J.2 A request from Council Member Mendoza requesting staff hold a townhall related to permitting and business license processes Moved by: Joel Bryant, Mayor
Seconded by: Jovita Mendoza, Council Member

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8 The City Council, by motion, continued consideration of the item to the next available City Council meeting.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
J.3 A request from Council Member Pierson requesting staff prepare information related to the trail between American Avenue and Mountain View Drive
Council Member Pierson presented the item.

Mayor Bryant opened the public comment period.

Carolina Villaseca provided comments in support of bringing this item forward.

Marisol Valles provided comments in support of bringing this item forward.

Sinziana Todor provided comments regarding safety concerns.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, continued the item to a future meeting date to be determined by staff.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
K. ADJOURNMENT
It was moved/seconded by Meyer/Pierson to adjourn the meeting on Wednesday, September 11, 2024, at 12:35 a.m. and the motion carried unanimously.

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1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
September 24, 2024, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:07 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. REPORT ON CLOSED SESSION
Mayor Bryant stated there were no reportable actions from Closed Session.

D. PUBLIC COMMENTS
Rojan Habon, Youth Commission, reported on the Liberty High School Homecoming parade.

Scott Dempsey provided comments regarding the impacts on employees due to labor negotiations.

Danny Dohrmann provided comments on City employee wages, Bridal Gate and public appearance.

Marisol Valles thanked the City Council for recognizing Hijas del Campo with the Hispanic Heritage Month proclamation and for recognizing Heritage High School’s Fil-Am Club for Filipino American History Month.

E. PRESENTATIONS
E.1 Brentwood Chamber of Commerce
F. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Mendoza reported on attendance at a Downtown Coalition members meeting; multiple calls from residents regarding sideshows; and watched the Planning Commission meeting.

Council Member Pierson reported on attendance at a school inter-agency meeting.

Council Member Oerlemans reported on attendance at two Chamber of Commerce ribbon cuttings and a John Marsh Historic Trust board meeting.

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2 Vice Mayor Meyer reported on attendance at a Downtown Coalition members meeting and watched the Planning Commission meeting.

Mayor Bryant had nothing to report.

G. CONSENT CALENDAR
Mayor Bryant pulled Items G.1, G.3, G.5, and G.8 to be heard separately from the Consent Calendar.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted the Consent Calendar as recommended by staff, excluding Items G.1, G.3, G.5, and G.8.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.1 A Proclamation Proclaiming September 15 - October 15, 2024, as Hispanic Heritage Month
Vice Mayor Meyer and Council Member Mendoza presented the proclamation to Hijas del Campo.

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3 Motion Approved (5 to 0)
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
Mayor Bryant presented the proclamation to the Brentwood Chamber of Commerce.

Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
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 Council Member Mendoza and Council Member Pierson presented the proclamation to the Heritage High School Fil-Am Club. mm/to Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
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) Approved Resolution 2024-100 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.

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4 G.11 Adopt a resolution supporting California Proposition 36 Adopted Resolution 2024-101 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
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 Bruce Mulder, Director of Parks and Recreation, presented the staff report.

Mayor Bryant opened the public hearing. There being no one wishing to speak, it was moved/seconded by Pierson/Meyer to close the public hearing and the motion carried unanimously.

Moved by: Tony Oerlemans, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2024-102 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.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
Moved by: Susannah Meyer, Vice Mayor
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2024-103 amending the Vesting Tentative Subdivision, MapVTSM 9610.

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

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5 I. BUSINESS ITEMS
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
Darin Gale, Assistant City Manager, presented the item.

Mayor Bryant opened the public comment period.

Danny Dohrmann spoke in support of allowing remote public comments.

Rod Flohr spoke in support of allowing remote public comments.

Brayden Haena spoke in support of limiting remote public comments.

Melissa van Ruiten spoke in support of allowing remote public comments.

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

Following the vote, the City Council recessed at 8:37 p.m. and reconvened in open session at 8:47 p.m.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
The City Council, by motion, directed staff to retain current standards of Zoom public comment and directed staff to work with the Diversity, Equity, Belonging and Inclusion Committee to draft a statement of values.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Joel Bryant, Mayor Noes (1): Tony Oerlemans, Council Member
Motion Approved (4 to 1)
I.2 Consideration of Issuance of Request for Proposals for Purchase of the Former CD Manufacturing Building (400 Guthrie Lane)
Abraham Salinas, Senior Analyst, presented the item.

Mayor Bryant opened the public comment period.

Rod Flohr inquired if the property could still be considered as a potential site for a teen center.

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

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6 Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
The City Council, by motion, directed staff to not move forward with a request for proposals for the sale of Successor Agency-Owned Property located at 400 Guthrie Lane at this time and that staff explore other available options.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
I.3 Focused Zoning Code Update Direction: Alcohol Sales, Self-storage facilities, and Drive-through uses
Jennifer Hagen, Senior Planner, presented the item with Perry Banner of Denovo Planning.

Mayor Bryant opened the public comment regarding the alcohol sales topic.

There being no one wishing to speak on this topic, Mayor Bryant closed public comment.

Mayor Bryant opened the public comment regarding the topic of drive through uses.

Emil Geddes spoke in support of allowing limited drive through uses.

Braden Haena spoke in support of allowing drive through uses.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
The City Council, by motion, directed staff to prepare an ordinance reflecting new regulations within the framework of the Focused Zoning Code Update related to Alcohol Sales:
 500 feet from K-12 (Private Educational Facilities, Public School Facilities) excluding three individualized areas. Map related to school radius for better understanding.
 Investigate signage related alcohol sales
 Residential separation of 100 feet
 Requires a CUP if open after 10 p.m. (explore a tiered system)  Investigate potential definitions for bars and entertainment

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7 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
The City Council continued the discussion and consideration of the Focused Zoning Code Update related to Self-storage facilities to the next available City Council meeting.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
The City Council, by motion, provided the following direction to staff on potential new regulations within the framework of the Focused Zoning Code Update related to Drive-Through Uses:
 Utilize staff's recommendations as presented with the addition of incorporating the design guidelines, making them clear and objective, and continue to require Conditional Use Permits (CUPs) for all drive throughs.

I.4 Consider information related to possible new tobacco regulations and provide direction to staff
Alexis Morris, Director of Community Development, presented the item.

Mayor Bryant opened public comments.

Emily Chan spoke in support of the item as presented by staff.

Clay Hawley spoke in support of the item as presented by staff.

Jen Grand-Lejano spoke in support of the item as presented by staff.

Kai Ali inquired if hookah would be included in the regulations.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor

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8 City Council, by motion, directed staff to draft Tobacco Retail License Ordinance to bring back to City Council for consideration with the following direction:

1. To implement a first come, first served application process

2. To issue a tobacco retail permit for one year only to retailers that are noncompliant with new regulations rather than the tobacco retail license
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
Following the vote, the Council recessed at 11:42 p.m. and reconvened in open session at 11:44 p.m.

I.5 Vineyards Parkway Traffic Update
Allen Baquilar, Director of Engineering/City Engineer, presented the item.

Mayor Bryant opened public comment.

Joe Young spoke on behalf of the Vineyards at Marsh Creek Owners Association in support of establishing traffic calming measures including stop signs.

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

Council Member Pierson left the dais at 12:25 a.m., Wednesday, September 25, 2024.

Received 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)
There were no new requests for future agenda items.

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 The City Council continued the consideration of this item to the next available City Council meeting.

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9 K.2 Planning Commission request regarding standards and methodology for Vehicle Miles Traveled (VMT)
The City Council continued the consideration of this item to the next available City Council meeting.

K.3 Planning Commission request regarding establishment of pervious surface requirements or guidelines for new projects
The City Council continued the consideration of this item to the next available City Council meeting.

L. ADJOURNMENT
It was moved/seconded by Meyer/Mendoza to adjourn the meeting at 12:28 a.m. on Wednesday, September 25, 2024.

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1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
October 8, 2024, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:05 p.m.

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

Council Member Pierson was absent.

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

C. PUBLIC COMMENTS
Mayor Bryant opened Public Comments.

Meghan Oliveria provided comments expressing the concerns and negative impacts of the ongoing employee labor negotiations and the classification and compensation study.

Danny Dorhmann provided comments regarding virtual public comments and requested the City introduce an ordinance to ban autonomous vehicles in Brentwood.

Antonio Fagundes provided comments regarding traffic and safety concerns at Empire Avenue and Amber Lane.

Carolina Villaseca provided comments regarding traffic and safety concerns at Empire Avenue and Amber Lane.

J. Walker provided comments regarding High Road leaders and stated her support for Gerald Johnson, Faye Maloney, and Brian Oftedal for City Council.

There being no one else wishing to speak, Mayor Bryant closed Public Comments.

D. PRESENTATIONS
There were no presentations.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported on attendance at a Tri Delta Transit meeting, American Public Transportation Association (APTA) Conference in

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2 Anaheim, Farmers Market, a Chamber of Commerce ribbon cutting, and a tour at City Hall with Krey Elementary Third Grade students.

Vice Mayor Meyer reported on attendance on a tour at City Hall with Krey Elementary Third Grade students, a webinar with Bay Area News Group on the housing crisis, and the Mayors Conference.

Council Member Mendoza reported on attendance at a tobacco enforcement seminar, a tour at City Hall with Krey Elementary Third Grade students, LMC Fundraiser for TEACH, watched Brown Act and legislative, and a Moms of Brentwood (MOB) meeting.

Mayor reported on attendance at a Tri Delta Transit meeting.

F. CONSENT CALENDAR
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted the Consent Calendar as recommended by staff.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Absent (1): Pa'tanisha Pierson, Council Member
Motion Approved (4 to 0)
F.1 A Proclamation Proclaiming October 14, 2024, as Indigenous Peoples' Day
F.2 Approve and authorize the City Manager or designee to execute necessary documents to purchase Toro DXi Central Control System Irrigation Controllers from SiteOne Landscape Supply; and amend the Operating Budget and CIP.

Adopted Resolution 2024-104 1) approving and authorizing the City Manager or his designee to execute necessary documents to purchase Toro DXi Central Control System Irrigation Controllers for the Irrigation Controllers, CIP Project No. 352-52451, from SiteOne Landscape Supply in an amount not to exceed $280,852 in FY 2024/25, $274,155 plus a funding authorization contingency amount of $25,210 for a not to exceed funding authorization amount of $299,365 in FY 2025/26, $288,132 plus a funding authorization contingency amount of $55,639 for a not to exceed funding authorization amount of $343,771 in FY 2026/27, for a grand total not to exceed spending authority of $923,988 for the project; 2) amending the 2024/25 – 2025/26 Operating Budget for the associated funding transfers; and 3) amending the 2024/25 – 2028/29 Capital Improvement Program (CIP).

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3 F.3 Award a Contract for the Windsor Way Park Playground Replacement and amend the 2024/25 – 2028/29 Capital Improvement Program and 2024/25 Operating Budget
Adopted Resolution 2024-105 1) approving the purchase and installation of playground equipment for Windsor Way Park, and authorizing the City Manager or his designee to execute a contract, in substantial conformance with the attached draft (and any necessary documents) in the amount of $213,611.00, plus funding authorization for a 10% contingency amount of $21,361.10, for a total spending authorization not to exceed amount of $234,972.10 with Yosso Group Inc., dba Specified Play Equipment Co. (SPEC) for the Windsor Way Park Playground Replacement, CIP Project No. 352-52452, 2) amending the 2024/25 – 2028/29 Capital Improvement Program, and 3) amending the 2024/25 Operating Budget for the associated project funding transfer.

F.4 Purchase one new solid waste collection truck, and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $479,000
Adopted Resolution 2024-106 approving the purchase of one new collection truck, a Wittke front load truck, for the Solid Waste Division from Arata Equipment Company in San Carlos, CA; and authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $479,000.

F.5 Resolution to approve and authorize the City Manager to execute necessary documents to purchase police vehicle equipment for the outfitting of emergency vehicles with Strommel Inc., dba LEHR Auto Electric for a total not to exceed $155,984
Adopted Resolution 2024-107 approving and authorizing the City Manager or designee to execute necessary documents with Stommel Inc., dba LEHR Auto Electric for a total not to exceed amount of $155,984.05 for fiscal year 2024/25 for the purchase of police vehicle equipment required for the outfitting of police vehicles.

F.6 An agreement with W.M. Lyles Co. for SCADA System Upgrade Services for the Water and Wastewater SCADA System Upgrade, CIP Project No. 562-56402 and an amendment to the 2024/25 Operating Budget
Adopted Resolution 2024-108 authorizing the City Manager or designee to execute an agreement and necessary documents for SCADA System Upgrade Services for the Water and Wastewater Supervisory Control and Data Acquisition (SCADA) System Upgrade, CIP Project No. 562-56402 in the amount of $1,785,125, plus funding authorization for a 15% contingency of $267,769, for a total not to exceed funding authorization amount of $2,052,894 with W.M. Lyles Co.; 2) amending the 2024/25 – 2028/29 CIP to increase the Water

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4 and Wastewater SCADA System Upgrade project sheet by $1,258,917 for a total project cost not to exceed $4,949,917; and 3) amending the 2024/25 Operating Budget for the associated project funding transfers.

F.7 An Agreement with The Shalleck Collaborative, Inc. for City Facility Audiovisual System for Design and Consulting services for the City Facility Audiovisual System Upgrade, CIP Project No. 337-37259 Adopted Resolution 2024-109 approving and authorizing the City Manager or designee to execute an Agreement for City Facility Audiovisual (“AV”) System Design and Consulting Services for the City Facility Audiovisual System Upgrade, CIP Project No. 337-37259 (“Project”) in the amount of $86,700, plus funding authorization for a 5% contingency of $4,335, for a total not to exceed funding authorization amount of $91,035, with The Shalleck Collaborative, Inc.

G. PUBLIC HEARINGS
G.1 Consideration of Fifth Amendment to Joint Exercise of Powers Agreement for East Contra Costa Regional Fee and Financing Authority and East Contra Costa Regional Fee Program 2024 Update Report Allen Baquilar, Director of Engineering, presented the item.

Mayor Bryant opened the Public Hearing.

Danny Dorhmann spoke in opposition of the item.

There being no one else wishing to speak, it was moved/seconded by Mendoza/Meyer to close the public hearing and the motion carried unanimously.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2024-110 (1) approving and authorizing the City Manager, or designee, to execute a Fifth Amendment to Joint Exercise of Powers Agreement (“JEPA”) for the East Contra Costa Regional Fee and Financing Authority (“ECCRFFA”) and (2) approving and adopting the East Contra Costa Regional Fee Program 2024 Update Report.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Absent (1): Pa'tanisha Pierson, Council Member
Motion Approved (4 to 0)
G.2 Waive the first reading and introduce an ordinance approving a Zoning Text Amendment (RZ 24-007) to the Brentwood Municipal Code to update Section 17.800.009(A)(2) to increase the notification radius for public hearing items from 300 feet to 1,000 feet

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5 Jennifer Hagen, Senior Planner, presented the item.

Mayor Bryant opened the Public Hearing.

There being no one to speak on the item, it was moved/seconded by Meyer/Mendoza to close the Public Hearing and the motion carried unanimously.

City Clerk read the Ordinance title into the record.

Moved by: Joel Bryant, Mayor
Seconded by: Susannah Meyer, Vice Mayor
Introduced and waived the first reading of Ordinance 1076 approving an amendment (RZ 24-007) to the Brentwood Municipal Code, amending Section 17.800.009(A)(2) to increase the notification radius for public hearing items from 300 feet to 1,000 feet.

The proposed permanent ordinance is not an action subject to the California Environmental Quality Act (CEQA), as the action has no potential for resulting in physical change to the environment. (14 Cal.

Code. Regs. § 15358.) Further, adoption of the permanent ordinance is exempt under CEQA because it will not cause a change in any of the physical conditions within the area affected by the ordinances. (14 Cal.

Code Regs. § 15061(b)(3).)
Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Absent (1): Pa'tanisha Pierson, Council Member
Motion Approved (4 to 0)
H. BUSINESS ITEMS
H.1 Waive the first reading and introduce an ordinance approving a modification to the Brentwood Municipal Code to allow Pad-Mounted Transformers within Development Projects
Allen Baquilar, Director of Engineering, presented the item.

Mayor Bryant opened the public comment period.

Danny Dohrmann spoke in opposition of the item.

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

City Clerk read the Ordinance title into the record.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor

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6 Introduced and waived the first reading of Ordinance 1077 to amend Brentwood Municipal Code Section 16.120.120, allowing Permittees to install pad-mounted transformers within development projects in certain circumstances, while the City monitors the nationwide supply chain issues related to underground transformers, to be reassessed in 2025.

Code Regs. § 15061(b)(3).)
Ayes (3): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, and Joel Bryant, Mayor
Noes (1): Tony Oerlemans, Council Member
Absent (1): Pa'tanisha Pierson, Council Member
Motion Approved (3 to 1)
I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Member Mendoza requested 2001 Shady Willow Lane be removed from the list of surplus land to be designated as a park.

Council Member Mendoza requested the City Council consider an objective design standard regarding shade ratios at new parks and that the City Council consider adding additional shade at existing parks.

Vice Mayor Meyer requested the City Council consider using Ag-Enterprise and/or Art Enterprise funds towards the Interpretive Center at the John Marsh House.

J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 A request from Council Member Mendoza requesting staff hold a townhall related to permitting and business license processes Council Member Mendoza presented the item.

Mayor Bryant opened the public comment period.

Denise Duran spoke in favor of the item.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor

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7 The City Council, by motion, directed staff to spend time and money on the item.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Absent (1): Pa'tanisha Pierson, Council Member
Motion Approved (4 to 0)
K. ADJOURNMENT
It was moved/seconded by Mendoza/Meyer to adjourn the meeting at 8:29 p.m. and the motion carried unanimously.

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1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
October 22, 2024, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Vice Mayor Meyer called the meeting to order at 7:05 p.m.

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

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

C. PUBLIC COMMENTS
Vice Mayor Meyer opened Public Comments.

Written public comments were received from Father Robert Rien regarding an election flyer mailed out to the citizens of Brentwood by Council Member Mendoza and an Anonymous author submitted an email regarding employee labor negotiations.

Danny Dohrmann provided public comments in support of City Council candidates and additional comments regarding the national election.

Gary Parenti, Jaylene Walker, and Gail Knight provided comments regarding employee labor negotiations.

There being no one else wishing to speak, Vice Mayor Meyer closed Public Comments.

D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported on attendance at Downtown Brentwood Coalition's Octoberfest, Police Activities League (PAL) board meeting, City Council Closed Session, Digs and Rigs event by the Rotarians, Grand Opening at Athletic Edge, watched the Planning Commission meeting and the City Council Candidate forum, and re-watched Land Use and Development Subcommittee (LUD) from May 29, 2024.

Council Member Pierson reported on attendance at the school dedication of Isaac Montanez, City Council Closed Session, the League of California Cities conference in Long Beach, and watched the Planning Commission meeting.

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2 Council Member Mendoza reported on attendance at Octoberfest, City Council Closed Session, meet and great with Deer Ridge residents, Cal Cities Conference, watched the Planning Commission meeting
Vice Mayor Meyer reported on attendance at a Summerset IV town hall, Octoberfest, Cal Cities Conference, City Council Closed Session, Durga Puja event recognizing Muktangan and their woman-led nonprofit, and watched the Planning Commission meeting.

E. CONSENT CALENDAR
Vice Mayor Meyer pulled Item E.12 to be heard separately from the Consent Calendar.

The City Clerk read the title of Ordinance 1076 into the record.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted the Consent Calendar as recommended by staff, excluding Item E.12.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
E.1 A Proclamation Proclaiming October as All Abilities Month E.2 A Proclamation Proclaiming October 24, 2024, as World Polio Day E.3 A Proclamation Proclaiming November as Pancreatic Cancer Awareness Month
E.4 A Proclamation Proclaiming November as American Diabetes Month E.5 A Proclamation Proclaiming November as Native American Heritage Month
E.6 A Proclamation Proclaiming November 6, 2024, as Shelter in Place Education Day
E.7 A Proclamation Proclaiming November 11, 2024, as Veterans Day E.8 Notice of Completion for work performed by National Aquatic Services, Inc. for the Deer Ridge Frontage Landscaping Improvements Project – Fountain Retrofit, CIP Project No. 352-52440
Adopted Resolution 2024-115 accepting the work performed by National Aquatic Services, Inc. for the Deer Ridge Frontage Landscaping Improvements Project – Fountain Retrofit, CIP Project No. 352-52440 and File a Notice of Completion with the County Recorder.

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3 E.9 Second Reading of a Zoning Text Amendment (RZ24-007) to the Brentwood Municipal Code to update Section 17.800.009(A)(2) to increase the notification radius for public hearing items from 300 feet to 1,000 feet
Waived the second reading of and adopted Ordinance No. 1076, approving an amendment (Rezone No. 24-007) to the Brentwood Municipal Code amending Section 17.800.009(A)(2) of the Brentwood Municipal Code to increase the notification radius for public hearing items from 300 feet to 1,000 feet.

E.10 Informational Report on Final Map of Subdivision No. 9610, Trumark Trailside, developed by TH Apricot Way Brentwood, LLC
Received an Informational Report on Final Map approval by the City Manager of Subdivision No. 9610, Trumark Trailside, developed by TH Apricot Way Brentwood, LLC located at 1777 Apricot Way (APN’s 019- 092-013 and 019-092-034).

E.11 Purchase one new replacement Street Sweeper, and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $431,520 and amend the 2024/25 Operating Budget
Adopted Resolution 2024-112 approving the purchase of one new replacement Schwarze A9 Monsoon street sweeper for the Streets Maintenance Division from Municipal Maintenance Equipment, Inc. in Sacramento, CA; authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $431,520; and amending the 2024/25 Vehicle and Equipment Replacement Fund budget by $96,033.

E.12 2025 Public Art and Design Academy Project
PADA Students presented the 2024-2025 Public Arts Design Academy Project.

Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2024-113 1) approving a Memorandum of Understanding (“MOU”) between the City of Brentwood (“City”) and Liberty Union High School District (“District”) regarding the Public Art and Design Academy (“PADA”) in the amount of $18,630 2) amending FY 2024/25 or the FY 2025/26 Operating Budget, by increasing the Public Art Acquisition Fund by $23,630 for the cost to build the artwork and for transportation and installation of the project and 3) authorizing the City Manager or designee to execute the MOU and make minor non-substantive revisions to it, in consultation with the City Attorney.

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4 Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Tony Oerlemans, Council Member
Absent (1): Joel Bryant, Mayor
Motion Approved (4 to 0)
City Council recessed at 8:01 p.m. and reconvened in open session at 8:07p.m
F. PUBLIC HEARINGS
F.1 Adoption of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Solid Waste Organics Diversion Project Casey Wichert, Director of Public Works, presented the item.

Vice Mayor Meyer opened the public hearing.

There being no one wishing to speak it was moved/seconded by Oerlemans/Mendoza to close the public hearing and the motion carried unanimously.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Adopted Resolution 2024-114 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Solid Waste Organics Diversion Project, CIP Project No. 542-54021 Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Tony Oerlemans, Council Member
Absent (1): Joel Bryant, Mayor
Motion Approved (4 to 0)
F.2 An amendment to the Brentwood Municipal Code to update Chapter

5.68 (Mobile Vending) to establish new mobile vending regulations and an amendment to Chapter 17.850 (Temporary Use Permits) to add regulations related to Long-Term Mobile Vending Facilities Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
The City Council, by motion, continued the item to a date uncertain.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Tony Oerlemans, Council Member
Absent (1): Joel Bryant, Mayor

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5 Motion Approved (4 to 0)
G. BUSINESS ITEMS
G.1 Second Reading of an Ordinance Implementing a Modification to the Brentwood Municipal Code to allow Pad-Mounted Transformers within Development Projects
Allen Baquilar, Director of Engineering, presented the item.

Vice Mayor Meyer opened the public comment period.

Danny Dohrmann spoke in opposition of Pad-mounted transformers.

Rod Flohr spoke in opposition of Pad-mounted transformers.

Greg Robinson spoke in support of the item.

Antonio Xavier spoke in support of public safety.

Melissa van Ruiten spoke in opposition of Pad-mounted transformers.

There being no one else wishing to speak on the item, Vice Mayor Meyer closed the public comment period.

Adopted Ordinance No. 1077 of the City Council of the City of Brentwood, approving a modification to Brentwood Municipal Code Section 16.120.120, allowing Permittees to install pad-mounted transformers within development projects in certain circumstances, while the City monitors the nationwide supply chain issues related to underground transformers.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Tony Oerlemans, Council Member
Absent (1): Joel Bryant, Mayor
Motion Approved (4 to 0)
G.2 Receive update and provide direction on ongoing implementation of action items from the General Plan’s Conservation and Open Space Element
Erik Nolthenius, Planning Manager, presented the item.

Vice Mayor Meyer opened the public comment period.

Rod Flohr inquired on the estimated costs presented.

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

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6 Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
The City Council, by motion, received an update and provided the following direction on implementation of action items from the General Plan’s Conservation and Open Space Element:

Move forward with Action COS 3c and Action COS 4f and to wait on Action COS 6b.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Tony Oerlemans, Council Member
Absent (1): Joel Bryant, Mayor
Motion Approved (4 to 0)
H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
There were no new requests for future agenda items.

I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Planning Commission request regarding establishment of pervious surface requirements or guidelines for new projects
Erik Nolthenius, Planning Manager, presented the item.

Vice Mayor Meyer opened the public comment period.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
The City Council, by motion, directed staff to not spend time or resources on this request.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Tony Oerlemans, Council Member
Absent (1): Joel Bryant, Mayor
Motion Approved (4 to 0)
I.2 Planning Commission request regarding standards and methodology for Vehicle Miles Traveled (VMT)
Erik Nolthenius, Planning Manager, presented the item.

Vice Mayor Meyer opened the public comment period.

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7 There being no one wishing to speak, Vice Mayor Meyer closed the public comment period.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, directed staff to bring back additional information as to the process for the City to create a city specific VMT standard with costs associated, including staff time.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Tony Oerlemans, Council Member
Absent (1): Joel Bryant, Mayor
Motion Approved (4 to 0)
I.3 A request from Council Member Mendoza to remove 2001 Shady Willow Lane from the list of surplus land to become a park Council Member Mendoza presented the item.

Vice Mayor Meyer opened the public comment period.

Melissa van Ruiten spoke in support of this item.

Rod Flohr spoke in support of this item.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, directed staff to spend time and resources on this item.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Tony Oerlemans, Council Member
Absent (1): Joel Bryant, Mayor
Motion Approved (4 to 0)
I.4 A request from Council Member Mendoza requesting the City Council consider an objective design standard regarding shade ratios at new parks
Council Member Mendoza presented the item.

Vice Mayor Meyer opened the public comment period.

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8 There being no one wishing to speak, Vice Mayor Meyer closed the public comment period.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
The City Council, by motion, directed staff to take the item to the Park and Recreation Commission to review and to provide recommendations to the City Council.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Tony Oerlemans, Council Member
Absent (1): Joel Bryant, Mayor
Motion Approved (4 to 0)
I.5 A request from Council Member Mendoza requesting the City Council consider adding additional shade at existing parks
Council Member Mendoza presented the item.

Vice Mayor Meyer opened the public comment period.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, directed staff to take the item to the Park and Recreation Commission to review and to provide recommendations to the City Council.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Tony Oerlemans, Council Member
Absent (1): Joel Bryant, Mayor
Motion Approved (4 to 0)
I.6 A request from Vice Mayor Meyer requesting the consideration of using Ag-Enterprise and/or Art Enterprise funds for John Marsh House Vice Mayor Meyer presented the item.

Vice Mayor Meyer opened the public comment period.

Jessica Enos submitted a written public comment requesting the item be brought to the Ag-Enterprise.

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9 Barry Margesson submitted a written public comment in support of the requested item.

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

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, directed staff to work with the John Marsh Historic Trust for an understanding of the visuals and further descriptions of the project; that the Art Enterprise discussion go to the Art Commission; and that the Ag-Enterprise discussion to go to the Ag-Enterprise Committee.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, and Tony Oerlemans, Council Member
Absent (1): Joel Bryant, Mayor
Motion Approved (4 to 0)
J. ADJOURNMENT
It was moved/seconded by Pierson/Meyer to adjourn the meeting at 10:02 p.m. and the motion carried unanimously.

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1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
November 12, 2024, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:05 p.m.

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

Mayor Bryant stated there were no reportable actions from Closed Session.

B. PLEDGE OF ALLEGIANCE
Scouts BSA Troop 22 led the flag ceremony and the Pledge of Allegiance.

C. PUBLIC COMMENTS
Danny Dohrmann congratulated Vice Mayor Meyer on her successful campaign as Mayor Elect and thanked Mayor Bryant for his service.

Melissa van Ruiten congratulated Vice Mayor Meyer, Council Member Mendoza, and Faye Maloney on their successful elections; and asked that the City Council and the City do their best to support all of our community members.

Olga Vidriales requested that every City Council Member be required to sign the Council's Code of Conduct and for the Council to take action on the incident between a Council Member and a priest in Antioch.

D. PRESENTATIONS
D.1 Key to the City Presentation
Mayor Bryant presented Jim Wagaman with a Key to the City in recognition of his selfless contributions to the City of Brentwood.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported on attendance on a ride along with Kurt, Isiah, and Gary in Public Works, Brentwood PAL (Police Activities League) Tamale Fest, PAL board meeting, Brentwood Chamber of Commerce Ribbon Cutting, Tip a Cop at Zephyr supporting the Special Olympics, Veterans Day Parade, and the Veterans Day Celebration.

Vice Mayor Meyer reported on attendance at Treats at the Streets, Hometown Halloween, Dia de los Muertos event, League of California Cities meetings, planning meeting for Day of Service on April 12, 2025, Diversity,

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2 Equity, Belonging, and Inclusion Committee (DEBI) meeting, Panelist at a Leadership Contra Costa event, Veterans Day Parade, and the Veterans Day Celebration.

Council Member Mendoza reported on attendance at the Contra Costa County Elected Women's Luncheon, Dia de los Muertos event, Veterans Day Celebration, and has been invited to be a part of the California Cities Leadership Team.

Council Member Pierson reported on attendance at the Veterans Day Parade, DEBI meeting, Contra Costa County Elected Women's Luncheon, met with a pastor regarding midnight basketball league and met with the City of Oakley's Mayor and Vice Mayor regarding recreational and youth opportunities.

Mayor Bryant reported on attendance at the Tri Delta Transit meeting, tour of the City with Transitions Class with Liberty High School, presented a Polio proclamation at Rotary Club, PAL Tamale Fest, spent time with Miss DiMaggio's 4th grade class at Loma Vista Elementary, and the Veterans Day Celebration.

F. CONSENT CALENDAR
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted the Consent Calendar as recommended by staff.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.1 A Proclamation Proclaiming November 30, 2024, as Small Business Saturday
F.2 A Proclamation Proclaiming December as National Giving Month F.3 Award of Contract for the Egret Park Playground Replacement and amend the 2024/25 – 2028/29 Capital Improvement Program and 2024/25 Operating Budget
Adopted Resolution 2024-116 1) approving the purchase and installation of playground equipment for Egret Park Playground Replacement, CIP Project No. 352-52450, and authorizing the City Manager or designee to execute a contract, and necessary documents, in the amount of $352,525.71, plus funding authorization for a 10% contingency amount of $35,252.57, for a total funding authorization not to exceed amount of $387,778.28 with Park Planet, a division of Park Associates, Inc. for Egret Park Playground Replacement, CIP Project No. 352-52450, 2) amending the FY 2024/25 – 2028/29

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3 Capital Improvement Program (CIP), and 3) amending the 2024/25 Operating Budget for associated project funding transfer.

F.4 Notice of Completion for Sandstone Environmental Engineering Inc. for the Pavement Management Program 2024 (Concrete)
Adopted Resolution 2024-117 accepting the work performed by Sandstone Environmental Engineering Inc. (“Contractor”) for the Pavement Management Program 2024 (Concrete) (“Project”); and requesting the City Clerk to file a Notice of Completion with the County Recorder.

F.5 Contract Change Order No. 2 and Notice of Completion with DSS Company dba Knife River Construction for the Pavement Management Program 2024 (Asphalt), CIP Project No. 336-31703
Adopted Resolution 2024-118 1) approving and authorizing the City Manager or designee to execute Contract Change Order No. 2 to the Contract with DSS Company dba Knife River Construction (“Knife River”) for the Pavement Management Program 2024 (Asphalt), CIP Project No. 336-31703 (“Project”), in the amount of $98,669.37 for a total not to exceed Contract price of $2,195,447.07; 2) amending the 2024/25 – 2028/29 Capital Improvement Program (“CIP”); 3) amending the 2024/25 Operating Budget for the associated Project funding transfer; 4) accepting the work performed by Knife River for the Project; and 5) requesting the City Clerk to file a Notice of Completion with the County Recorder.

F.6 Acceptance of Department of Justice Tobacco Grant Funds and Authorization to City Manager to Complete All Necessary Documents Adopted Resolution 2024-119 authorizing the City Manager or their designee to accept grant funds in the amount of $67,557 from the California Department of Justice Office of the Attorney General Tobacco Grant Program and execute and submit all necessary documents for the grant.

F.7 Growth Management Checklist for allocation of Measure J Local Street Maintenance & Improvement funds for calendar years 2022 and 2023 Adopted Resolution 2024-120 certifying that the City of Brentwood is in compliance with the Measure J Growth Management Program and authorizing the City Manager or designee to execute the Growth Management Checklist for calendar years 2022 and 2023 for allocation of Measure J Local Street Maintenance & Improvement funds and submit the same to CCTA.

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4 G. PUBLIC HEARINGS
G.1 Waive the first reading and introduce ordinances approving a Zoning Text Amendment (RZ 24-005) to the Brentwood Municipal Code to update regulations related to automobile service stations/gas stations, carwashes, and short-term rentals
Jennifer Hagen, Senior Planner, introduced the item and presented the item with Perry Banner from De Novo Planning Group.

Mayor Bryant opened the public hearing.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Introduced and waived the first reading of Ordinance 1078 approving amendments to the Brentwood Municipal Code to prohibit new carwashes and expand permission for Alternative Fuel Stations.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Introduced and waived the first reading of Ordinance 1079 approving an amendment to Brentwood Municipal Code Chapter 17.796 (ShortTerm Rentals) to more clearly define and prohibit short-term rentals.

G.2 Adoption of User Fee Report for updating Community Development Fees and amending the Cost Allocation Plan to adopt, change and eliminate certain fees
Tim Nielsen, Development Services Manager, introduced the item.

Mayor Bryant opened the public hearing.

Danny Dohrmann inquired about in lieu fees.

There being no one else wishing to speak, it was moved/seconded by Mendoza/Meyer to close the public hearing and the motion carried unanimously.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor

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5 Adopted Resolution 2024-121 adopting the User Fee Report and amending the FY 2023/24 Cost Allocation Plan and Schedule of City Fees to adopt, change, and eliminate certain project and permitting fees.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H. BUSINESS ITEMS
H.1 Focused Zoning Code Update Direction: Self-storage facilities Jennifer Hagen, Senior Planner, introduced the item and presented the item with Perry Banner from De Novo Planning Group.

Mayor Bryant opened the public comment period.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
The City Council, by motion, approved Staff's recommendations as presented, with the inclusion of development standards.

Ayes (4): Jovita Mendoza, Council Member, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Noes (1): Susannah Meyer, Vice Mayor
Motion Approved (4 to 1)
The City Council recessed at 9:30 p.m. and reconvened in open session at 9:37 p.m.

H.2 Approve a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Police Officers’ Association for the period of July 1, 2024 - June 30, 2027, and adopt Appropriations Amendments to the 2024/25 – 2025/26 Operating Budget
Sukari Beshears, Director of Human Resources, presented the item.

Mayor Bryant opened the public comment period.

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

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Jovita Mendoza, Council Member

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6 Adopted Resolution 2024-122 1) Approving and Authorizing the City Manager to execute a successor Memorandum of Understanding (MOU) between the City of Brentwood and the Brentwood Police Officers’ Association for the period of July 1, 2024 through June 30, 2027; 2) Approving the Pay Schedule in accordance with the California Code of Regulations, Title 2, Section 570.5 and Authorizing the Director of Human Resources/Risk Manager to make ministerial revisions to the Pay Schedule to reflect the changes; and 3) Adopting Appropriations Amendments to the 2024/25 – 2025/26 Operating Budget.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Member Mendoza requested an informational briefing regarding the Police Department's practices regarding communication with the media.

Council Member Pierson and Council Member Oerlemans requested the City Council consider funding a Youth Midnight Basketball League for ages 12 - 25 and assist with obtaining a location.

J. REQUESTED FUTURE AGENDA ITEM(S)
There were no future agenda items.

K. ADJOURNMENT
It was moved/seconded by Meyer/Pierson to adjourn the meeting at 9:42 p.m. and the motion carried unanimously.

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CITY COUNCIL AGENDA ITEM NO. H.1
12/10/2024
SUBJECT: An application for Bridle Gate, including a Revised Environmental Impact Report, Vesting Tentative Subdivision Map, and Design Review
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
The City Council has two options:

1. Deny the appeal, upholding the Planning Commission’s action to deny the project, by adopting a resolution based upon direction and proposed findings provided by the City Council; or

2. Approve the appeal, reversing the Planning Commission’s action to deny the project. Three resolutions are included in the packet that would approve the alternate version of the project proposed by the Applicant by: (1) certifying the Revised EIR (REIR) and making CEQA findings, (2) approving the Vesting Tentative Subdivision Map (VTSM 9586), and (3) approving the Design Review (DR 21-010). In the alternative, if the Council so desired, it could choose to approve the project as originally proposed at the August 27, 2024 Council meeting.

The proposed project includes two maps for the City Council’s consideration, the Vesting Tentative Subdivision Map (VTSM) originally submitted with this application (“Proposed VTSM”), and an alternate version of the VTSM submitted by the applicant on September 9, 2024 to address the concerns noted at the public hearing on August 27, 2024 (“Alternate VTSM”):
 The Proposed VTSM includes the development of 272 single-family detached residences,two parks, open space, stormwater detention and treatment areas, utility connections, and construction of an internal roadway network on approximately 92.96 acres. As noted in the applicant’s December 3, 2024 email to the City Council (Attachment 17), the applicant has not withdrawn the Proposed VTSM.
 The Alternate VTSM includes the development of 269 single-family detached residences, as well as associated improvements within the project site, including one park, open space, stormwater detention and treatment areas,

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CITY COUNCIL AGENDA ITEM NO. H.1
12/10/2024
utility connections, and construction of an internal roadway network on approximately 92.96 acres.

The 36.82 acres of land located north of Sand Creek Road are on a separate legal parcel shown as a designated remainder on both VTSMs and is therefore not proposed to be developed as part of this application. The project site is bounded by Sand Creek Road to the north, State Route (SR) 4 to the east, a single-family residential development (Brentwood Hills) to the south, and the edge of the Brentwood Planning Area and the City of Antioch’s city limits to the west (APNs: 019-082-009 and 019- 082-010).

The City prepared a Revised Environmental Impact Report (REIR) for the Proposed VTSM in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.). Several potentially significant impacts are identified; however, mitigation measures are proposed to reduce those impacts to less-than-significant levels. The Alternate VTSM revisions do not modify this analysis.

FISCAL IMPACT
The applicant, WCHB Development, LLC, has paid approximately $368,000 to process the application. These fees fully cover staff and consultant’s time spent processing the application, including preparation of the REIR.

BACKGROUND
AUGUST 27, 2024 CITY COUNCIL HEARING
On August 27, 2024, the City Council held a public hearing on the appeal filed by the project applicant of the Planning Commission’s denial of the Bridle Gate project.

During the hearing, the City Council raised a number of issues, including concerns about traffic circulation and impacts on adjacent/surrounding neighborhoods, CEQA impacts related to Vehicle Miles Traveled (VMT), a preference for providing one large park instead of two smaller ones, compliance with PD-36 Sub Area C standards, deterioration of ridgelines, and noise. Based on public comments and concerns raised by the City Council, a motion to deny the appeal and uphold the Planning Commission’s denial of the project was unanimously passed by the City Council, but no final action was taken on that date. A draft resolution based on the City Council’s August 27, 2024 action is included as Attachment 1.

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CITY COUNCIL AGENDA ITEM NO. H.1
12/10/2024

ALTERNATE VESTING TENTATIVE SUBDIVISION MAP
After the August 27, 2024, City Council meeting, the applicant submitted the Alternate VTSM to address several of the concerns raised by the City Council (Attachment 5). The Alternate VTSM (Figure 1 below) maintains consistency with the General Plan and the PD-36 Sub Area C development standards, but includes three key modifications:

1. Elimination of the proposed project access at St. Regis Avenue and San Jose Avenue, leaving emergency vehicle access (EVA) only;

2. A second access point (right-in/right-out only) on Sand Creek Road near SR 4; and

3. One large park, located south of Sand Creek Road at the west boundary of the project site, rather than two smaller parks.

Figure 1: Alternate VTSM 9586

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CITY COUNCIL AGENDA ITEM NO. H.1
12/10/2024
#1: St. Regis Avenue and San Jose Avenue EVA
The Alternate VTSM allows the streets internal to the subdivision (San Jose Avenue and Chestnut Oak Drive) to connect, but provides no connection to San Jose Avenue or St. Regis Avenue outside of the project boundaries. San Jose Avenue and St. Regis Avenue would maintain their existing connection. A 20-foot wide connection between the two roadways providing access to emergency vehicles would be provided, which would also allow bicycle and pedestrian access. This EVA, and the new roadway configuration proposed, is shown in Figure 2 below.

Figure 2: St. Regis Avenue and San Jose Avenue EVA

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CITY COUNCIL AGENDA ITEM NO. H.1
12/10/2024
#2: Secondary Access on Sand Creek Road (Oak Lane)
In order to maintain two access points for the subdivision per City standards, a second access on Sand Creek Road (right-in/right-out only) is included near SR 4.

The additional Sand Creek Road access (the new Oak Lane) is shown in Figure 3 below.

Figure 3: Secondary Access on Sand Creek Road (Oak Lane)

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CITY COUNCIL AGENDA ITEM NO. H.1
12/10/2024
#3: Single Park
The Alternate VTSM combines the two original parks (6.0-acre Parcel A and 2.49- acre Parcel G) into one 8.49-acre parcel (Parcel A) in the northwest corner of the subdivision. The proposed single large park results in 4.35 acres of useable park space with less than three percent slope, consistent with the amount of parkland required based on the population expected to be generated by the project. The single park is shown in Figure 4 below.

Figure 4: Single Park

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CITY COUNCIL AGENDA ITEM NO. H.1
12/10/2024
Other Modifications
The Alternate VTSM results in a slight reduction in the overall number of residential units from 272 to 269, each of which is on a lot at least 5,000 square feet in size. As part of the Alternate VTSM, the applicant submitted an updated project description (Attachment 6) and a description of the proposed affordability levels, as well as a Master Plotting Plan that shows the preliminary locations of the affordable units (Attachment 7). The Alternate VTSM eliminates the two proposed 3-story homes in compliance with PD-36 Sub Area C standards. In addition, the applicant further defined the proposed affordability levels for the project. It should be noted that the applicant has not applied for a density bonus or requested any concessions or waivers. Proposed affordability levels are as shown below:

As shown above, the project proposes to offer 5% of the units as affordable to verylow income households and 2% as affordable to low-income households. These units would meet the City’s affordable housing requirements set out in Ordinance No. 1014 (Attachment 16), which for this project are to provide 3% very-low income units and 4% low-income units. Ordinance No. 1014 defined ‘low-income household’ to mean “a household whose annual income does not exceed the qualifying limits set for ‘lower income households’ in [Health & Safety Code] Section 50079.5.” Under that section, ’lower income households’ includes very-low income households. Thus, for this project, units that are affordable to very-low income households can be offered to satisfy some of the project’s low-income affordable unit requirement. The applicant proposal for 5% very-low income units counts toward the City’s 3% very-low income requirement and the additional 2% count toward the City’s low-income requirement, bringing that total to 4%, consistent with the City’s ordinance.

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CITY COUNCIL AGENDA ITEM NO. H.1
12/10/2024
Review of Alternate VTSM
The Alternate VTSM was routed to City staff in the Parks and Recreation, Police, and Engineering departments, as well as the Contra Costa County Fire Protection District and Caltrans. Caltrans identified two items of note:
 Caltrans: Vehicles turning right from the proposed access point (Oak Lane) would have a limited distance to merge into the proposed left-turn pocket at the intersection (on- and off-ramps serving Sand Creek Road).

Staff has included the following condition of approval to the VTSM resolution (Condition No. 9(i)) to address this item: “Construction plans shall meet all design requirements including measures to prevent access to eastbound State Route 4, if warranted, to the satisfaction of the City Engineer.”  Caltrans: The location of the proposed bus stop (west of the new proposed access point) may also obstruct the view of drivers exiting onto Sand Creek Road, creating a potential conflict with vehicles approaching from the Sand Creek Road eastbound direction.

Staff has included the following condition of approval to the VTSM resolution (Condition No. 9(x)) to address this issue: “Construction plans shall incorporate roadways and driveways that provide adequate sight distance pursuant to City and Caltrans design requirements. All landscape areas required to have restrictions to comply with sight distance requirements shall be shown on applicable Construction and Plot Plans.” Thus, the draft conditions of approval for the Alternate VTSM (Attachment 3) address Caltrans’ concerns, should the City Council want to approve the Alternate VTSM. The Contra Costa County Fire Protection District confirmed that the emergency vehicle access (EVA) is acceptable and a draft condition of approval is included in Attachment 3 to ensure the EVA is built to the District’s standards and requires its review prior to recording the final map.

CITY COUNCIL OPTIONS
Several resolutions are attached that provide the City Council with options for the proposed Bridle Gate project.
 Option 1: Attachment 1 is a draft resolution that would deny the appeal and uphold the Planning Commission’s denial of the project. The resolution denies

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CITY COUNCIL AGENDA ITEM NO. H.1
12/10/2024
the proposed VTSM and the design review. The resolution further notes that CEQA is not required for denial and therefore takes no action related to the REIR. The required findings for these actions are included in the resolution based on the direction provided by the City Council at the August 27, 2024 public hearing. In addition, as the Alternate VTSM has been submitted, the findings also separately reflect the alternate project features.  Option 2: Attachments 2 through 4 are draft resolutions that would uphold the appeal, overturn the Planning Commission’s decision and approve the Alternate VTSM and design review. Attachment 2 certifies the EIR. Attachment 3 approves the Alternate VTSM, including findings of fact and conditions of approval. Attachment 4 approves the design review, including findings of fact and conditions of approval.
o In the alternative, if the Council so desired, it could choose to approve the project as originally depicted in the Proposed VTSM, as noted above.

In that event, staff could prepare these resolutions for Council action at the December 10th meeting during a brief recess.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Actions are included as Attachment 9.

DATE OF NOTICE
The City of Brentwood published a notice of public hearing in the Brentwood Press on November 22, 2024 and November 29, 2024. Said notice was also mailed to all property owners within 1,000 feet of the project site on November 22, 2024.

ENVIRONMENTAL DETERMINATION
The Bridle Gate Project has been previously proposed and evaluated in past EIRs. A new project-level REIR has been prepared for the proposed project. In order to differentiate this analysis from previous EIRs, although an REIR is not a technical CEQA term, this analysis has been labeled as such in order to further denote that the Bridle Gate Project has been revised and is now subject to new analysis. The REIR

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CITY COUNCIL AGENDA ITEM NO. H.1
12/10/2024
(SCH #2022120683) for this project was prepared in accordance with the requirements of CEQA. Several potentially significant impacts are identified; however, mitigation measures are incorporated to reduce those impacts to less-thansignificant levels. All mitigation measures not addressed by the standard conditions of approval are included as recommended conditions of approval. The Draft REIR was available for review and comment from May 26, 2023 to July 10, 2023. Several comments were received and addressed in the Final REIR. The Draft REIR and Final REIR may be reviewed by clicking here.

In addition, the City’s CEQA consultant, Raney Planning & Management, Inc., prepared a memorandum (Attachment 8) to analyze whether the Alternate VTSM would alter the conclusions of the REIR. Attached to the memorandum is an updated VMT memo, a memo explaining the VMT methodology, and an updated noise memo.

The proposed Alternate VTSM, including the EVA, additional Sand Creek Road access, and combining the two parks into one, does not modify the conclusions in the REIR or create any new significant impacts. Therefore, the REIR remains adequate, and recirculation is not required.

ATTACHMENTS

1. Draft City Council Resolution Denying VTSM 9586 and DR 21-010

2. Draft City Council Resolution Certifying the REIR

3. Draft City Council Resolution Approving Alternate VTSM 9586

4. Draft City Council Resolution Approving DR 21-010

5. Alternate VTSM 9586 and Preliminary Grading & Utility Plan

6. Applicant Revised Project Description

7. Applicant Proposed Affordable Housing Breakdown

8. Raney CEQA Memorandum on Alternate VTSM 9586
 Exhibit A – Updated VMT Memo
 Exhibit B – VMT Methodology Memo
 Exhibit C – Updated Noise Memo

9. Previous Actions

10. August 27, 2024 City Council Staff Report (without attachments)(full report available by clicking here)

11. Planning Commission Resolution No. 23-032 (adopted July 16, 2024)

12. July 16, 2024 Planning Commission Staff Report (without attachments)

13. Draft Revised EIR and Final Revised EIR (available by clicking here)

14. Bridle Gate Design Review Booklet

15. Raney Memorandum on Traffic Calming Options (July 9, 2024)

16. City Council Ordinance No. 1014

17. Email from Doug Chen to City Council (December 3, 2024)

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CITY COUNCIL RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD (1) DENYING REVISED AND ALTERNATE VESTING
TENTATIVE SUBDIVISION MAP NO. 9586 FOR THE SUBDIVISION
OF AN APPROXIMATELY 135-ACRE SITE; (2) DENYING THE
DESIGN REVIEW OF 13 HOME PLANS, FOR THE BRIDLE GATE

PROJECT, LOCATED GENERALLY WEST OF THE SAND CREEK
ROAD AND THE STATE ROUTE 4 INTERCHANGE (APN 019-082-
009 and 010); AND (3) TAKING NO FURTHER ACTION ON THE

REVISED ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE
PROJECT (APNs: 019-082-009 and 019-082-010)
WHEREAS, on October 22, 2021, WCHB Development, LLC (the “Applicant”) submitted an application to the City of Brentwood requesting approval of (1) a vesting tentative subdivision map (No. 9586) to subdivide approximately 135 acres into 286 single-family residential parcels, two park parcels, two bio-retention areas for stormwater treatment, one open space parcel, as well as several parcels for landscaping and pedestrian access, and a designated remainder, and (2) design review (DR 21-010) for thirteen home plans to be constructed on the single-family residential lots (the “Project,” modified as noted below); and WHEREAS, the Project is proposed to be located on a roughly 135-acre site bounded by the proposed Sand Creek Road Extension to the north, State Route 4 to the east, a single-family residential development (Brentwood Hills) to the south, and the edge of the Brentwood Planning Area and the City of Antioch’s city limits to the west, with a small segment of existing San Jose Avenue bounding the site at its farthest southeastern corner (the “Project Site”); and
WHEREAS, the City referred the Project to various departments and agencies for review and recommendations; and
WHEREAS, in August 2022, the Applicant initiated legal proceedings against the City in the Contra Costa Superior Court (the “Court”) pertaining to the processing of the Project, alleging, among other things, that the PD-36 zoning standards applicable to the Project were not objective; and
WHEREAS, on June 30, 2023, the Applicant revised its application by submitting a modified proposed vesting tentative subdivision map that increased the minimum lot size for all parcels to 5,000 square feet, and decreased the number of units to 272, and on August 3, 2023, the Applicant further revised its application by submitting a modified master plotting plan, floor area matrix, and lot coverage matrix, with 50 foot lot widths (the “Revised Map”); 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 August 25, 2023, and the Applicant posted the Project Site with the required signage in accordance with City policies and Government Code Section 65090; and

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WHEREAS, the City prepared a Final Revised Environment Impact Report (REIR), including a Mitigation Monitoring and Reporting Plan for this Project in accordance with the California Environmental Quality Act (“CEQA,” codified at Public Resources Code Section 15000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR 21000, et seq.); and
WHEREAS, the Planning Commission held a public hearing on this project at its regular meeting of September 5, 2023, to consider the Project, including the vesting tentative subdivision map and design review application, and considered the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project and studied the compatibility of this request with adjacent land uses; and
WHEREAS, the Planning Commission, on September 5, 2023, continued the item to a date uncertain and directed staff to work with the Applicant to evaluate the intersection of St. Regis Avenue/San Jose Avenue for a possible gate or emergency vehicle access only, with the understanding that staff will evaluate any other viable solution that would lessen the impact of traffic on the existing residential areas to the south (i.e., Brentwood Hills and Shadow Lakes); and
WHEREAS, on behalf of the Applicant, Abrams Associates reviewed five potential options for minimizing additional traffic on St. Regis Avenue, which involve various turn restrictions and circulation modifications; 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 5, 2024, and the Applicant posted the Project Site with the required signage in accordance with City policies and Government Code Section 65090; and WHEREAS, the Planning Commission held a public hearing on this project at its regular meeting of July 16, 2024, and considered the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project and studied the compatibility of this request with adjacent land uses, and adopted a resolution denying the Project and taking no CEQA action; and WHEREAS, on July 24, 2024, the Applicant appealed the Planning Commission’s decision to the City Council in accordance with Chapter 17.880 of the Brentwood Municipal 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 Press on August 16, 2024, and the Applicant posted the Project Site with the required signage in accordance with City policies and Government Code Section 65090; and WHEREAS, the City Council held a public hearing on this project at its regular meeting of August 27, 2024, to consider the Project, including the Revised Map (VTSM 9586) and design review (DR 21-010) application and considered the staff report,

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supporting documents, public testimony, all appropriate information submitted with the proposed Project, and studied the compatibility of this request with adjacent land uses; and
WHEREAS, at the August 27, 2024, City Council meeting, the Applicant and Applicant’s legal counsel both asserted that the Project would qualify for a density bonus, as well as concessions and waivers, per the State Density Bonus Law (Government Code §§ 65915, et seq.); and
WHEREAS, the State Density Bonus Law (Government Code § 65915(a)(1)) provides:

When an applicant seeks a density bonus for a housing
development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall comply with this section. A city, county, or city and county shall adopt an ordinance that specifies how compliance with this section will be implemented.

WHEREAS, Brentwood Municipal Code Section 17.720.040(C) requires that:

All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the community development director, or designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest.

The information required to be provided to the City in conjunction with a density bonus application is listed in Brentwood Municipal Code Section

17.720.040(D); and
WHEREAS, Applicant has not at any time submitted either a request for a density bonus, incentive, parking reduction, or waiver, or the information required under Brentwood Municipal Code Section 17.720.040(D) to support such a request, to the City of Brentwood in conjunction with the Project; and WHEREAS, during the August 27, 2024 hearing, the City Council raised a number of issues, including concerns about traffic circulation and impacts on adjacent/surrounding neighborhoods, CEQA impacts related to Vehicle Miles Traveled (VMT), a preference for providing one large park instead of two smaller ones, compliance with PD-36 Sub Area C standards, deterioration of ridgelines, and noise; and
WHEREAS, a motion to deny the appeal and uphold the Planning Commission’s denial of the project was unanimously passed by the City Council, but no final action was taken on the Project at that meeting as the Council directed staff to come back with a proposed resolution for final action; and

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WHEREAS, subsequent to the August 27, 2024, City Council meeting, the applicant submitted an alternate VTSM to address several of the concerns raised by the City Council (the “Alternate Map”). The Alternate Map includes the following modifications: (1) change of access points to allow Emergency Vehicle Access (EVA) only at St. Regis Avenue and San Jose Avenue; (2) the addition of a second access point (right-in/right-out only) on Sand Creek Road near SR 4; (3) the combination of the two original park locations into one 8.49 acre parcel in the northwest corner of the subdivision; and (4) a reduction in the overall number of residential units from 272 to 269; and
WHEREAS, the City Council held a public hearing at its regular meeting on December 10, 2024, to consider the Project, including both the Revised Map and Alternate Map and design review; and
WHEREAS, the City Council determined that the Alternate Map did not address all of the concerns noted by the City Council, including compliance with zoning standards, and protection of ridgelines.

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

1. Recitals. The recitals set forth above are true and are hereby adopted in full.

2. California Environmental Quality Act. With respect to CEQA, as set forth in CEQA Guidelines section 15270(a), “CEQA does not apply to projects which a public agency rejects or disapproves.” Therefore, this action denying the Project approvals is exempt from CEQA and the City Council takes no action to certify the REIR. Further, the City Council has determined that it could not certify the REIR as a number of concerns with the REIR have been noted during the public hearing process that would require further review, including but not limited to, issues regarding transportation, such as a traffic study is outdated and does not reflect recent traffic counts and analysis of Vehicles Miles Travelled (VMT), and noise.

3. Inconsistency with Objective Planning Standards. The City Council finds and determines that the Project is not consistent with the objective planning standards for the Project Site. The Project Site is designated Low Density Residential in the General Plan. The zoning for the Project Site is Planned Development 36 (PD-36), as set forth in Brentwood Municipal Code Chapter

17.486. This zoning includes two subareas, Subarea C and D, that are both consistent with the low density residential General Plan land use designation, and Municipal Code Chapter 17.486 requires the Project to include a mix of homes that that satisfy Subarea C and D objective planning standards.

Chapter 17.486 envisions 124 units in Subarea C (§ 17.486.004(C)(12)) and 42 units in Subarea D (§ 17.486.005(C)(12)), creating a mix of residential uses consistent with the intent of planned development zoning. However, both the Revised Map and Alternate Map only provide residential uses

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consistent with Subarea C, ignoring objective planning standards in Subarea D. Thus, the Project, including both the Revised Map and the Alternate Map, is not consistent with objective planning standards for the Project Site.

4. Vesting Tentative Subdivision Map.

A. Revised Map [see below re: Alternate Map]

1. Findings. With respect to the findings required for a vesting tentative subdivision map, the City Council considered all of the required findings set forth in the Brentwood Municipal Code Section 16.050.040.B and Government Code section 66474 and hereby finds that the following findings cannot be met:
a. That the proposed map is consistent with the community development plan and any applicable specific plans.

The Revised Map is inconsistent with the City’s General Plan in that the Project does not conform to the following General Plan policies and the Brentwood Municipal Code:
i. General Plan Policy SA 3-3 requires that “emergency access routes [be kept] free of traffic impediments” and Policy SA 3-5 requires “that all areas of the city are accessible to emergency response providers.” Development under the Revised Map would add further vehicle trips to local roads already seriously impacted by school traffic, including San Jose Avenue, St. Regis Avenue, Capilano Drive, Presidio Drive, and West Country Club Drive, during school drop-off and pick-up hours.

This additional traffic could impede the use of these roads by emergency response providers during these time periods. The Revised Map is thus inconsistent with Policies SA 3-3 and 3-5.
ii. General Plan Policy CIR 3-4 requires that development projects “[p]rovide an interconnected street network that provides multiple points of access, discouraging cut-through traffic while maintaining neighborhood connectivity.” The public schools serving residents of the Project would include Adams Middle School and Heritage High School, both located on American Avenue at Balfour Road. Vehicular traffic leaving the Project Site is anticipated to cut through the Brentwood Hills and Shadow Lakes neighborhoods that lie between the Project and these schools, thus violating Policy CIR 3-4. iii. General Plan Goal COS 7 requires the protection of “hillsides and ridgelines from visual impacts and erosion.” To this end, General Plan Policy COS 7-1 states “[p]rotect Brentwood’s ridgelines (hilltops and steep hillsides) from erosion, slope failure, and development,” and Policy COS 7-2 states “[p]reserve the topography of Brentwood’s hills by discouraging unnecessary leveling/grading activities prior to sitePage 306 of 962 building on hillsides where development is permitted.” Development under the Revised Map would include substantial grading of the hillside in the southwestern portion of the residential area of the Project Site, thus violating Policy COS 7-2. In addition, as shown on the master plotting plan submitted by the Applicant, the Project would also locate single family residences along hilltops within the Project Site, and is thus inconsistent with Goal COS 7.
iv. General Plan Policy N 1-14 provides that the City shall “[e]nsure that new development does not result in indoor noise levels exceeding 45 dBA Ldn for residential uses.” As noted in the Revised EIR prepared to study the Project:

With regard to interior noise levels, modern construction typically provides a 25 dB exterior-to-interior noise level reduction. The 25 dB level of noise reduction would not be adequate to reduce future traffic noise levels within all proposed residences to below the City’s General Plan
interior noise level standard of 45 dB Ldn. Therefore,
additional interior noise control measures would be
required in order to reduce traffic noise exposure.

The additional interior noise control measures proposed consist of (1) soundwalls to shield the residences from roadway noise associated with Sand Creek Road and Highway 4, and (2) for the first row of residences along the SR 4 corridor and Sand Creek Road corridor that have windows with a view of either roadway, either the installation of windows with a minimum STC rating of 34, or the preparation of an interior noise analysis (prepared by a qualified acoustic engineer) outlining the measures required to meet the City’s 45 dBA Ldn interior noise standard, especially at unshielded second floor facades along the SR 4 corridor or Sand Creek Road. These measures do not allow for the achievement of a noise level at or below 45 dBA Ldn when the windows of said residences are open, and thus Policy N 1-14 is not met. v. Brentwood Municipal Code Chapter 16.150 and General Plan Policy CSF 2-2 (“[a]chieve and maintain a minimum overall citywide ratio of 5 acres of parkland per 1,000 residents”) sets forth the City’s parkland dedication requirements per Government Code Section 66477.

According to Brentwood Municipal Code Section 16.150.040(B), “[l]and to be dedicated shall be suitable for park or other recreational purposes to serve the immediate and future needs of residents in the area.” The Project proposes to include two parks to satisfy these requirements:
 Parcel A is identified as a park consisting of six acres. Of this six acres, 1.94 acres will be graded to less than 3% slope, which is

Page 307 of 962 ends

Brentwood City CouncilDecember 10, 2024

Brentwood City Council
December 10, 2024