Agenda packet, second session — Brentwood City Council, November 12, 2025

NOVEMBER 12, 2025, 7:00 PM

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

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

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

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

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

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

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

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

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

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

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

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

November 12, 2025, 7:00 p.m.

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

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

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

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

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

E. PRESENTATIONS
E.1 California Advancing and Innovating Medi-Cal (CalAIM) Grant Program Update E.2 Pavement Management Program Update
F. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.

F.1 Meeting Minutes of the City Council
City Council / Successor Agency Meeting Minutes of October 14, 2025 Special Meeting Minutes of October 28, 2025
City Council / Successor Agency Meeting Minutes of October 28, 2025 F.2 A Proclamation recognizing October 19-25, 2025 as National Friends of Libraries Week F.3 A Proclamation recognizing November 10, 2025 as International Accounting Day F.4 A Proclamation recognizing November 29, 2025 as Small Business Saturday F.5 A Proclamation recognizing December 2025 as National Giving Month F.6 Notice of Completion for JV Lucas Paving for the Pavement Management Program 2025 (Asphalt) CIP Project No. 336-31704
Title/Recommendation
Adopt a Resolution accepting the work performed by JV Lucas Paving (“Contractor”) for the Pavement Management Program 2025 (Asphalt) (“Project”); and requesting the City Clerk to file a Notice of Completion with the County Recorder.

A Notice of Exemption was filed with the County Recorder on March 18, 2025.

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

G.1 Introduce and Waive First Reading of an Ordinance of the City of Brentwood Repealing and Replacing Chapter 17.725 of the City of Brentwood Municipal Code Relating to the Affordable Housing Program
Title/Recommendation
Introduce and waive the first reading of an Ordinance of the City of Brentwood repealing and replacing Chapter 17.725 of the City of Brentwood Municipal Code Relating to the Affordable Housing Program.

The Ordinance is exempt from review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., and the Guidelines for CEQA, 14 CCR §§ 15000, et seq.) because it has no potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, per 14 CCR §15061(b)(3). Further, the Ordinance is also exempt because it does not apply to any particular housing project at this time and it is thus speculative to evaluate any such future project in the context of consideration of this Ordinance.

G.2 Continuance of an Ordinance Amending Title 15 Chapters 15.04 and 15.06 of the Brentwood Municipal Code
Title/Recommendation
Continue to the regular meeting of December 9, 2025, the second reading and adoption of Ordinance No. 1090, Adopting by Reference Portions of the 2025 Edition of the California Code of Regulations Title 24 (California Building Standards Code) with Local Amendments, Amending Chapter 15.04 and Amending and Adding to Chapter 15.06 of the Brentwood Municipal Code, and Making the Required Findings of Local Climatic, Geological, and Topographical Conditions.

The continuance of the item adopting the ordinance is not a project under the California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.) pursuant to 14 CCR §§ 15358 and 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, even if considered a project, the continuance of the item adopting this ordinance is exempt under CEQA pursuant to 14 CCR § 15061(b)(3) because it can be seen with certainty that there is no possibility the adoption of this ordinance will have a significant effect on the environment.

H. BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.

Page 2 of 133 ends

H.1 Adopt the Side Letter between the City of Brentwood and the Brentwood Police Officers’ Association
Title/Recommendation
Adopt the Side Letter between the City of Brentwood and the Brentwood Police Officers’ Association to update the Holiday language in the Brentwood Police Officers’ Association 2021-2024 and 2024-2027 Memorandums of Understanding (MOUs) to clearly identify the City’s official list of recognized holidays. The proposed action will clarify the Holiday Pay language to ensure that it is reportable as special compensation to CalPERS pursuant to the Public Employees’ Retirement Law (PERL), Government Code, California Code of Regulations (CCR), and CalPERS regulations.

H.2 Adopt a Resolution approving the First Amendment to the June 11, 2024 City Attorney Employment Agreement between the City of Brentwood and Katherine Wisinski Title/Recommendation
Adopt a Resolution approving the First Amendment to the June 11, 2024 City Attorney Employment Agreement between the City of Brentwood and Katherine Wisinski.

H.3 Consider a request from Vice Mayor Pierson and Council Member Maloney to establish a Communication Policy
Title/Recommendation
Consider and discuss the request from Vice Mayor Pierson and Council Member Maloney to establish a standardized communication process that ensures timely, accurate, and consistent notification to City Council Members regarding the cancellation or modification of scheduled meetings of any sort.

H.4 Consider a Request and staff report from Mayor Meyer and Council Member Mendoza for Allocation of Economic Development Grant Funds and staff time for a 2026 Winter Market Title/Recommendation
Request to prepare a report and recommendation for the allocation of current and future Economic Development Grant funds to support the creation and operation of a Winter Market in 2026.

The event would serve as an opportunity to promote local economic activity, attract visitors to the downtown area, and foster community engagement during the holiday season.

H.5 City Council Committees and Committee Assignments
Title/Recommendation
Staff recommends that the City Council 1) review the City Council committees, assignments and descriptions, and approve, by motion, the committees, schedules, appointments and descriptions of currently established committees; and 2) review proposed new and amended committees, including the formation of a Social Nuisance Ordinance Development Committee, and approve, by motion, the committees, appointments and descriptions.

I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting

Page 3 of 133 ends

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

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

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

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

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

POSTING STATEMENT
On November 7, 2025, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

Page 4 of 133 ends

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
October 14, 2025, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 7:25 p.m.

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

Vice Mayor Pierson was absent.

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

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

Sofia Kleeman provided updates from Assemblymember Anamarie Avila Farias' office.

Dave Sipes provided comments requesting to have the pickleball courts permanently closed at Creekside Park.

Jason provided comments requesting to have the pickleball courts permanently closed at Creekside Park.

Paul J. provided comments regarding "No King" demonstrations.

Danny Dohrmann provided comments regarding needed services for caregivers of adults with disabilities.

Susan Harper provided comments regarding traffic concerns in Brentwood.

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

D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Mendoza reported on attendance at the American Legion Casino Night Fundraiser at Brentwood Veterans Memorial Building; Budget and Debt Management Ad-Hoc Committee Meeting; League of California Cities Annual Conference; volunteered at Oktoberfest; and Hijas del Campo Fundraiser.

Council Member Oerlemans reported on attendance at the Tri Delta Transit Board of Directors Meeting; Chamber of Commerce Ribbon Cutting for Calm Health and Wellness; Fashion Show at Brentwood Elementary School;

Page 5 of 133 ends

2 Chamber of Commerce Ribbon Cutting for Delta Family Therapy Group; Brentwood Police Department Promotion and Swearing In Ceremony; Budget and Debt Management Ad-Hoc Committee Meeting; Farmers Market; Special City Council Meeting: Closed Session; Police Activities League Board Meeting; and Tri Delta Transit Agenda Review Meeting.

Council Member Maloney reported on attendance at two Special City Council Meetings: Closed Session; meetings with businesses at Streets of Brentwood; League of California Cities Annual Conference; meetings with some downtown businesses; Cars and Chill Truck or Treat Event with Brentwood Police Activities League; spoke with residents from Alder Creek Highland neighborhood regarding the continuation of vagrant activities and social nuisances; and expressed her appreciation to the Downtown Brentwood Coalition for hosting Oktober Fest.

Mayor Meyer reported on attendance at Tri Delta Transit Board Meeting; provided welcoming remarks at the Kaiser Antioch Senior Summit; Mumus and Margaritas Event; Muktangan Non-profit Durga Puja Event; American Legion Casino Night Fundraiser at Brentwood Veterans Memorial Building; interview with East Bay Times and a Kent State journalism student regarding the Flag Barn relocation; meeting with staff and land owner of a parcel in Deer Ridge to discuss Measure Q; meeting with staff, representative from Hijas del Campo and Harvest Time to discuss potential collaborations; Mayor's Conference; meeting with Brentwood resident Dorene and her grandson on the occasion of her 101st birthday; League of California Cities Annual Conference; volunteered at Oktober Fest; 5th Anniversary Event for Hijas del Campo; and a meeting with the California Alliance of Local Electeds.

Interim City Manager Darin Gale provided updates on his attendance at a Town Hall Meeting with County Supervisor Diane Burgis; meeting with Matt Hagar regarding the proposed The Grove project; League of California Cities Annual Conference; and an Asian American and Pacific Islander Economic Forecast. Interim City Manager Darin Gale recognized the Human Resources Department for completing the City's open enrollment and for hosting the Benefits and Safety Fair, specifically Human Resources Assistant, Octavia Anderson; Management Analyst, Robert Bell; Human Resources Specialist, Monica deLeon, Acting Human Resources Director, Teresa Fairbanks; Management Analyst, Ashley Sosa; and Interim Assistant City Manager Sukari Beshears for all of their efforts in taking care of the City's employees and retirees. He thanked Public Works staff for their assistance with the careful disassembling and preserving of pieces of the Flag Barn, specifically Streets Supervisor, Casey Grijalva; Water Production Supervisor, Jamie Lozano; Utilities Maintenance Mechanic, Luke Santos; Water Distribution Worker, Zachary Kessler and Water Distribution Worker, Trevor McFarland; and he thanked East Bay Regional Park District, specifically Director, Colin Coffey for allowing the City to work with the District to preserve those pieces from the Flag Barn.

Page 6 of 133 ends

3 E. CONSENT CALENDAR
City Clerk, Amanda McVey, read the title for Ordinance 1089, Item E.5 into the record.

Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
The Council, by motion, moved to adopt the Consent Calendar as recommended by staff.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member Absent (1): Pa'tanisha Pierson, Vice Mayor
Motion Approved (4 to 0)
E.1 Meeting Minutes of the City Council
Approved Special City Council Meeting Minutes of September 23, 2025, and City Council / Successor Agency Meeting Minutes of September 23, 2025.

E.2 A Proclamation Recognizing October 15, 2025 as National Support Your Local Chamber Day
The Council, by Proclamation, recognized October 15, 2025 as National Support Your Local Chamber Day.

E.3 A Proclamation Recognizing October 24, 2025 as World Polio Day The Council, by Proclamation, recognized October 24, 2025 as World Polio Day.

E.4 Approve amendments to Council/Administrative Policy No. 10-25, Environmentally Preferable Purchasing Policy
Adopted Resolution 2025-102 amending Council/Administrative Policy No. 10-25, Environmentally Preferable Purchasing Policy.

E.5 Second Reading of Zoning Text Amendment (RZ 24-006) to the Brentwood Municipal Code to update regulations related to drivethrough facilities Waived the second reading of and adopted Ordinance No. 1089, approving amendments to the Brentwood Municipal Code to add development standards for drive-through facilities in Chapter 17.655 (Drive-Through Uses), including prohibition within 300 feet of Brentwood Boulevard, and updating references in all zones throughout the city related to the use.

The proposed text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that the

Page 7 of 133 ends

4 proposed ordinance would not authorize or facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. Any future project subject to updated zoning provisions would undergo appropriate CEQA review prior to approval.

E.6 Accept Trilogy Vineyards, LLC, Subdivision No. 8796 Off-site Sewer public improvement for maintenance
Adopted Resolution 2025-103 accepting a portion of Phase I public improvements (off-site sewer) for maintenance; accepting the Maintenance Bond; releasing the Improvement Securities; and requesting the City Clerk to file the Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Trilogy Vineyards, LLC, Subdivision No. 8796.

F. PUBLIC HEARINGS
There were no Public Hearings.

G. BUSINESS ITEMS
G.1 Establishment of a Section 115 Pension Trust
Director of Finance/City Treasurer, Kerry Breen, presented the item.

Mayor Meyer opened public comments.

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

Moved by: Faye Maloney, Council Member
Seconded by: Jovita Mendoza, Council Member
Adopted Resolution 2025-104 1) Approving an agreement with Public Agency Retirement Services (PARS) for Section 115 Trust administrative services; 2) Approving the adoption of the Public Agency Post-Employment Benefits Trust for the purpose of prefunding pension obligations; 3) Authorizing the City Manager and the Director of Finance and Information Systems/City Treasurer or their designees to act as the City’s Plan Administrator of the Trust Program and execute the required documents; 4) Authorize the initial transfer of $8 million from the Pension/OPEB Obligation (“Budget Stabilization”) Fund; and 5) Update Council/Administrative Policy No. 10-05, Budget and Fiscal Policies
Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member Absent (1): Pa'tanisha Pierson, Vice Mayor
Motion Approved (4 to 0)

Page 8 of 133 ends

5 G.2 Wastewater Treatment Plant Expansion Project Update and Direction Director of Public Works, Casey Wichert, presented the item.

Mayor Meyer opened public comments.

Sinziana Todor provided comments in opposition of this item.

Carolina Villaseca provided comments in opposition of this item.

Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
Received an update on the Wastewater Treatment Plant (WWTP) Expansion – Phase II, CIP Project #592-59140 (“Project”) and approved the use of Enterprise Funds and Development Impact Fees for the following:

1. $1.5M contract amendment with Overaa for change order work and directives.

2. $2.5M contract amendment with Misco for biosolids dryer and pyrolysis equipment changes and tariff costs.

3. $0.65M contract amendment with Waterworks for engineering design changes.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member Absent (1): Pa'tanisha Pierson, Vice Mayor
Motion Approved (4 to 0)
Moved by: Faye Maloney, Council Member
Seconded by: Tony Oerlemans, Council Member
Directed staff to bring back additional information regarding options to meet state mandates due to SB 1383 for wastewater treatment process, funding options and an educational presentation for residents regarding the Wastewater Treatment Plant Expansion Project.

Page 9 of 133 ends

6 I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a request from Mayor Meyer and Council Member Mendoza requesting review of the Open Space Overlay as it relates to agricultural and recreational uses at Deer Ridge Golf Course and similar parcels
Mayor Meyer opened public comments.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
The Council considered and discussed the request from Mayor Meyer and Council Member Mendoza’s request for Council to review agricultural and recreational uses at Deer Ridge Golf Course and similar parcels and moved that staff spend time and resources to:
 review what uses are possible in open space, specifically Deer Ridge Golf Course and similar parcels; and
 to determine if a Conditional Use Permit is a mechanism the City can use when defining uses within the Measure Q context.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member Absent (1): Pa'tanisha Pierson, Vice Mayor
Motion Approved (4 to 0)
J. ADJOURNMENT
Moved by: Susannah Meyer, Mayor
Seconded by: Jovita Mendoza, Council Member
At Mayor Meyer's request, the Council, by motion, moved to adjourn in honor and memory of Colton Daniel Guerra at 9:15 p.m.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member Absent (1): Pa'tanisha Pierson, Vice Mayor
Motion Approved (4 to 0)

Page 10 of 133 ends

1 SPECIAL CITY COUNCIL MINUTES
October 28, 2025, 6:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 6:02 p.m.

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

Vice Mayor Pierson participated remotely via Zoom under the provisions of Government Code § 54953 (f).

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

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

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

D. RECESS TO CLOSED SESSION
Roll Call Vote:

Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
The Council, by motion, recessed to Closed Session at 6:03 p.m.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
E. BUSINESS ITEMS
E.1 CONFERENCE WITH LABOR NEGOTIATORS
F. ADJOURNMENT
Mayor Meyer stated there was nothing to report out from Closed Session.

Roll Call Vote:

Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member

Page 11 of 133 ends

2 The Council, by motion, moved to adjourn at 7:00 p.m.

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

Page 12 of 133 ends

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
October 28, 2025, 7:00 p.m.

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

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

Vice Mayor Pierson participated remotely via Zoom under the provisions of Government Code § 54953 (f).

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

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

Terry Hunter with Celebration Center provided comments regarding their educational services and extended an invitation to their Grandparents Day Event.

Danny Dohrmann provided comments regarding social media and online harassment.

Joey Oso provided comments expressing Be Exceptional's appreciation for their relationship with the City and extended an invitation to their dance this weekend.

There being no additional speakers, Mayor Meyer 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 the Tri Delta Transit Board of Directors Meeting; Chamber of Commerce Ribbon Cutting for Scholars Academy; Farmers Market; Makers Boulevard; Press Conference/Community Meet & Greet with G. Harold Duffey at the Brentwood Senior Center; Swearing In Ceremony for two new Brentwood Police Officers; meeting with Associate Planner Sarah Yuwiler; meeting with residents regarding an upcoming event; and the Special City Council Meeting: Closed Session.

Page 13 of 133 ends

2 Council Member Maloney reported on meeting with some of the businesses at Sand Creek Crossing and the Streets of Brentwood; attendance at the 10th Anniversary Celebration Event for Vine and Grain; meeting with the Mayor and Locanda Capri Restaurant to present them with the National Italian American Heritage Month Proclamation they were unable to receive during the September 23, 2025 City Council Meeting; Streets of Brentwood's Harvest Festival; and she spoke with residents from Alder Creek Highland neighborhood regarding the continuation of vagrant activities and social nuisances.

Council Member Mendoza reported on attendance at the Press Conference/Community Meet & Greet with G. Harold Duffey at the Brentwood Senior Center; Streets of Brentwood's Harvest Festival; and an Immigration Town Hall with Assemblymember Anamarie Ávila Farias.

Vice Mayor Pierson, who was unable to attend the October 14, 2025 City Council Meeting, reported on attendance since the September 23, 2025 City Council Meeting at the League of California Cities Conference; Green Empowerment Zone Meeting; Police Activities League Board Meeting; watched the Press Conference/Community Meet & Greet with G. Harold Duffey; attended the Special City Council Meeting: Closed Session; and watched the Immigration Town Hall with Assemblymember Anamarie Ávila Farias.

Mayor Meyer reported on attendance at Transplan East County Specific Transportation Meeting; joined the Brentwood Lions Foundation distributing mental health materials to the Leo's Club at Heritage High School; listened to a presentation of Congressman Mark DeSaulnier regarding H.R.1 and Proposition 50; Press Conference/Community Meet & Greet with G. Harold Duffey at the Brentwood Senior Center; Tri Delta Transit Board of Directors Meeting; event with East County Mayors and Optometrists to plan a free vision clinic with the Brentwood Lions Foundation; League of California Cities Latino Caucus Immigration and Customs Enforcement in California Legal Legislative and Community Response Webinar; United States Conference of Mayors Water Council Meeting in Livermore; meeting with Council Member Maloney and Locanda Capri Restaurant to present them with the National Italian American Heritage Month Proclamation they were unable to receive during the September 23, 2025 City Council Meeting; and the Streets of Brentwood's Harvest Festival.

Interim City Manager, Darin Gale, recognized the Grand Opening of the Scholars Academy and thanked Economic Development staff for working to help them find their new location enabling them to expand their services; thanked Public Works for quickly removing two illegal clothing donation bins that were placed on City property; attended a meeting with Contra Costa County Animal Services; attended staff meetings with and thanked Brentwood Dispatchers for their dedication, kindness and compassion; thanked Teresa Fairbanks for her assistance as Acting Human Resources Director; and thanked Sukari Beshears for her assistance as Interim Assistant City Manager.

Page 14 of 133 ends

3 F. CONSENT CALENDAR
Council Member Maloney pulled Item F.10 for discussion.

Recreation Manager, Thien Nguyen provided additional clarification regarding the item.

Roll call vote:

Moved by: Faye Maloney, Council Member
Seconded by: Jovita Mendoza, Council Member
The Council, by motion, adopted the Consent Calendar as recommended by staff.

Approved Special Meeting Minutes of October 14, 2025.

F.2 A Proclamation recognizing November 6, 2025 as Shelter in Place Education Day
By Proclamation, recognized November 6, 2025 as Shelter in Place Education Day.

F.3 A Proclamation recognizing November 11, 2025 as Veterans Day By Proclamation, recognized November 11, 2025 as Veterans Day.

Mayor Meyer presented the proclamation to all Veterans present in the Council Chambers.

F.4 A Proclamation recognizing November 2025 as American Diabetes Month
By Proclamation, recognized November 2025 as American Diabetes Month.

F.5 A Proclamation recognizing November 2025 as National Adoption Month
By Proclamation, recognized November 2025 as National Adoption Month.

F.6 A Proclamation recognizing November 2025 as National Native American Heritage Month

Page 15 of 133 ends

4 By Proclamation, recognized November 2025 as National Native American Heritage Month.

F.7 A Proclamation recognizing November 2025 as Pancreatic Cancer Awareness Month
By Proclamation, recognized November 2025 as Pancreatic Cancer Awareness Month.

F.8 Award of Contract for Heron Park Playground Replacement Adopted Resolution 2025-105 1) approving the purchase and installation of playground equipment for Heron Park Playground Replacement, CIP Project No. 352-52455 (“Project”), and authorizing the City Manager or designee to execute a contract, and necessary documents, in the amount of $403,656.94 plus funding authorization for a 10% contingency amount of $40,365.69, for a total funding authorization not to exceed amount of $444,022.63 with Yosso Group Inc., dba Specified Play Equipment Co. (SPEC) for the Project, 2) amending the FY 2025/26 – 2029/30 Capital Improvement Program (CIP) and 3) amending the FY 2025/26 Operating Budget for the associated funding transfer.

The Project is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15302 of the CEQA Guidelines, because the proposed Project would remove the existing play structure, and replace it with a new play structure at the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.

F.9 Award of Contract for Stonehaven Park Playground Replacement Adopted Resolution 2025-106 1) approving the purchase and installation of playground equipment for the Stonehaven Park Playground Replacement, CIP Project No. 352-52456 (“Project”), and authorizing the City Manager or designee to execute a contract, and necessary documents, in the amount of $253,081.39 plus funding authorization for a 10% contingency amount of $25,308.14, for a total funding authorization not to exceed amount of $278,389.53 with Park Planet, a division of Park Associates, Inc. for the Project, 2) amending the FY 2025/26 – 2029/30 Capital Improvement Program (CIP), and 3) amending the 2025/26 Operating Budget for the associated Project funding transfer.

Page 16 of 133 ends

5 F.10 Resolution approving a fee waiver for Be Exceptional for FY 2025/2026, in an amount not to exceed $35,000
Adopted Resolution 2025-107 approving a fee waiver for use of the Brentwood Community Center, Brentwood Senior Activity Center, and the Brentwood Skate Park for inclusive programming and programs designed for persons with disabilities. The fee waiver is requested for FY 2025/26 in an amount not to exceed $35,000.

F.11 A Resolution approving Amendment No. 1 to the Affordable Housing Agreement for the Orchard Grove (Subdivision 9535) Project Adopted Resolution 2025-108 approving and authorizing the City Manager or designee to execute Amendment No. 1 to the Affordable Housing Agreement (the “Original Agreement”) with Shea Homes L.P. for the Orchard Grove (Subdivision 9535) project (the “Project”).

On September 13, 2022, the Brentwood City Council approved Resolution No. 2022-114, thereby adopting a Mitigated Negative Declaration for the Project, prepared in accordance with the California Environmental Quality Act (“CEQA,” codified at Public Resource Code Section 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR 15000, et seq.).

G. PUBLIC HEARINGS
G.1 An Ordinance Amending Title 15 (Building and Construction) Chapters

15.04 and 15.06 of the Brentwood Municipal Code
Director of Community Development, Alexis Morris presented the item.

Mayor Meyer opened the public hearing.

There being no one wishing to speak, Vice Mayor Pierson moved to close the public hearing, seconded by Council Member Oerlemans.

The motion to close the public hearing carried unanimously by roll call vote with Council Member Maloney, Vice Mayor Pierson, Council Member Mendoza, Council Member Oerlemans and Mayor Meyer in favor.

Roll call vote:

Moved by: Faye Maloney, Council Member
Seconded by: Jovita Mendoza, Council Member
Waived the first reading and introduced Ordinance 1090 Adopting by Reference Portions of the 2025 Edition of the California Code of Regulations Title 24 (California Building Standards Code) with Local Amendments, Amending Chapter 15.04 and Amending and Adding to Chapter 15.06 of the Brentwood Municipal Code, and Making the Required Findings of Local Climatic, Geological, and Topographical Conditions. The adoption of the ordinance is not a project under the

Page 17 of 133 ends

6 California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.) pursuant to 14 CCR §§ 15358 and 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, even if considered a project, the adoption of this ordinance is exempt under CEQA pursuant to 14 CCR § 15061(b)(3) because it can be seen with certainty that there is no possibility the adoption of this ordinance will have a significant effect on the environment.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
G.2 Adoption of the FY 2025/26 Cost Allocation Plan and Schedule of City Fees, Including New Police Department Fees
Management Analyst II, Michelle Inglis presented the item.

Mayor Meyer opened the public hearing.

There being no one wishing to speak, Council Member Mendoza moved to close the public hearing, seconded by Council Member Maloney.

Roll call vote:

Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2025-109 1) adopting the FY 2025/26 Cost Allocation Plan and Schedule of City Fees; 2) making certain supporting findings, including the inapplicability of the California Environmental Quality Act to these actions pursuant to Sections 15061, 15273, and 15378 of the State CEQA Guidelines; 3) imposing said fees; 4) adding new Police Carry Concealed Weapon Permit Fees; 5) modifying Police Vehicle Identification Number (VIN) Verification and Citation Sign Off – Non-Residential Fees; and 6) repealing Resolution 2023-113, which adopted the FY 2023/24 Cost Allocation Plan and Schedule of City Fees.

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

Page 18 of 133 ends

7 G.3 Hold a public hearing and confirm the formation of Landscape and Lighting Assessment District No. 25-1 (The Meadows)
Director of Parks and Recreation, Harith Aleem presented the item.

Mayor Meyer opened the public hearing.

Mayor Meyer called for the special election and requested for any additional ballots to be submitted.

There being no one wishing to speak, Council Member Oerlemans moved to close the public hearing, seconded by Council Member Maloney.

City Clerk, Amanda McVey, tallied the votes and confirmed there was no majority protest to the formation of Landscape and Lighting Assessment District No. 25-1 (The Meadows) based on the tabulation of the returned ballots, weighted by assessment amount.

Roll call vote:

Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
The Council, by motion, moved to confirm there is no majority protest to the formation of Landscape & Lighting Assessment District No. 25-1 (The Meadows) based on the tabulation of the returned ballots, weighted by assessment amount.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
Moved by: Faye Maloney, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
Adopted Resolution 2025-110 ordering the formation of Landscape and Lighting Assessment District No. 25-1 (The Meadows) and ordering improvements and confirming the diagram and assessments as shown in the Landscape and Lighting Assessment District No. 25-1 (The Meadows) Fiscal Year 2025-26 Final Engineer’s Report in accordance with provisions of the Streets and Highway Code “Landscape and Lighting Act of 1972” and California Proposition 218.

Page 19 of 133 ends

8 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
H. BUSINESS ITEMS
H.1 Adopt a Resolution Approving an Amendment to the Agreement with Schneider Electric Building Americas, Inc., for the Fleet Electrification Project
Director of Public Works, Casey Wichert and a representative with Schneider Electric Building Americas, Inc., presented the item.

Mayor Meyer opened public comments.

Danny Dohrmann provided comments in opposition of the item as presented at this time.

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

Roll call vote:

Moved by: Faye Maloney, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2025-111 authorizing the City Manager or designee to execute a construction amendment (“Construction Amendment”) in the amount of $2,818,141 to the Turnkey Design and Energy Services Agreement (“Agreement”), which would bring the notto-exceed Agreement total to $2,996,141, with Schneider Electric Building Americas, Inc. (“Schneider Electric”) for the Fleet Electrification Project, CIP Project No. 337-37265 (“Project”), plus funding authorization for a 5% contingency (of the amended Agreement total) in the amount of $149,807; amending the FY 2025/26 – 2029/30 Capital Improvement Program; amending the FY 2025/26 Operating Budget for the associated grant revenue and funding transfers; and finding the Project exempt from CEQA.

As further set forth below, the Project is exempt from the California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.), pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures).

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

Page 20 of 133 ends

9 H.2 Consider Adoption of a Resolution to Approve an Employment Agreement with G. Harold Duffey to Serve as the Next City Manager for the City of Brentwood
Acting Human Resources Director, Teresa Fairbanks presented the item.

Mayor Meyer opened public comments.

Danny Dohrmann provided comments in support of the item.

Mike Kleeman provided comments in support of the item.

Seneca Scott provided comments in opposition of the item.

Carolina Villaseca provided comments in support of the item.

Tyree Jackson provided comments in support of the item.

Ian Cohen provided comments expressing his appreciation for Interim City Manager, Darin Gale and in support of the item.

Reverend Dr. Jeffrey Parker provided comments in support of the item.

Jorge Lerma provided comments in support of the item.

Alex Lohrengel provided comments in support of the item and requested the future City Manager holds focus on Brentwood's agricultural roots.

Jan Pinza provided comments in opposition of the item as it is written and requested a temporary employment contract.

Bryan Calderon provided comments in support of the item.

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

Roll call vote:

Moved by: Faye Maloney, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
Adopted Resolution 2025-112 approving an employment agreement with G. Harold Duffey to serve as the next City Manager for the City of Brentwood.

Page 21 of 133 ends

10 J. ADJOURNMENT
Roll call vote:

Moved by: Jovita Mendoza, Council Member
Seconded by: Faye Maloney, Council Member
The Council, by motion, moved to adjourn at 9:40 p.m.

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

Page 22 of 133 ends

PROCLAMATION
WHEREAS, libraries are cornerstones of strong communities, providing opportunities for learning, connection, and enrichment for residents of all ages and backgrounds; and
WHEREAS, the Friends of the Brentwood Library devote countless volunteer hours to supporting library programs, promoting literacy, and ensuring access to resources that inspire discovery and lifelong learning; and WHEREAS, their fundraising efforts and advocacy strengthen the library’s ability to serve the community through expanded programming, improved facilities, and enhanced collections; and
WHEREAS, National Friends of Libraries Week offers an opportunity to recognize the dedication and generosity of these volunteers who make a lasting difference in the lives of Brentwood residents; and WHEREAS, the City Council of the City of Brentwood wishes to express its gratitude and celebrate the Friends of the Brentwood Library for their commitment to fostering a more informed, connected, and inspired community.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize October 19–25, 2025 as

NATIONAL FRIENDS OF LIBRARIES WEEK
and encourages all residents to join in celebrating the invaluable contributions of the Friends of the Brentwood Library.

Dated this 12th day of November 2025
Susannah Meyer, Mayor

Page 23 of 133 ends

PROCLAMATION
WHEREAS, in 1494, Luca Pacioli, fondly remembered as the “Father of Accounting,” published Summa de arithmetica, geometria, proportioni et proportionalità, the first comprehensive description of the double-entry bookkeeping system; and
WHEREAS, through the centuries, accountants have provided the quiet precision and steadfast integrity that make modern government and commerce possible; and
WHEREAS, International Accounting Day was first recognized in 1972 and has since grown into a global celebration that promotes the education, professional excellence, and public awareness of the accounting profession; and WHEREAS, the City’s financial strength depends on the collective efforts of dedicated professionals across every function; including Accounts Payable, Accounts Receivable, Billing, Budgeting, Customer Service, Financial Reporting, Payroll and Purchasing; and
WHEREAS, residents, businesses, and public agencies throughout Brentwood rely on accounting and finance professionals to translate complex information, and support the financial health of our community.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize November 10, 2025, as

INTERNATIONAL ACCOUNTING DAY
and encourages all residents to recognize the value of accounting as both a science and a public service that keeps our community accountable, balanced, and fiscally strong.

Dated this 12th day of November 2025
Susannah Meyer, Mayor

Page 24 of 133 ends

PROCLAMATION
WHEREAS, small businesses are the backbone of our local economy, creating jobs, supporting families, and contributing to the unique character and charm of the City of Brentwood; and
WHEREAS, Brentwood’s small business owners demonstrate
dedication, innovation, and community spirit, strengthening our city through their commitment to excellent service and local engagement; and WHEREAS, the City of Brentwood recognizes that supporting small businesses fosters economic growth, encourages entrepreneurship, and helps ensure a vibrant and thriving downtown; and
WHEREAS, Small Business Saturday, founded by American Express in 2010, has become a national movement to encourage residents to “Shop Small” and support the places that make their communities special; and WHEREAS, the City of Brentwood joins communities across the nation in recognizing and celebrating Small Business Saturday as an opportunity to support our neighbors and invest in our shared prosperity.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize the 29th of November 2025 as

SMALL BUSINESS SATURDAY
and encourages all residents and visitors to shop locally, dine locally, and celebrate the small businesses that make Brentwood a great place to live, work, and play.

Dated this 12th day of November 2025
Susannah Meyer, Mayor

Page 25 of 133 ends

PROCLAMATION
WHEREAS, the spirit of giving strengthens our community by fostering kindness, generosity, and compassion among neighbors; and WHEREAS, during National Giving Month, individuals and
organizations across the nation come together to share time, talents, and resources that uplift others and make a lasting difference; and WHEREAS, acts of giving—whether through volunteering, charitable donations, or simple gestures of care—reflect the values that make Brentwood a vibrant and connected community; and
WHEREAS, local nonprofits, service organizations, and caring residents play an essential role in addressing needs and enriching the lives of those around us; and
WHEREAS, by celebrating National Giving Month, the City of Brentwood encourages all residents to find meaningful ways to give back and inspire generosity throughout the year.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize December 2025 as

NATIONAL GIVING MONTH
and encourages all residents to take part in building a stronger and more compassionate community through acts of giving.

Dated this 12th day of November 2025
Susannah Meyer, Mayor

Page 26 of 133 ends

CITY COUNCIL AGENDA ITEM NO. F.6
11/12/2025
SUBJECT: Notice of Completion for JV Lucas Paving for the Pavement Management Program 2025 (Asphalt) CIP Project No. 336-31704 DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Vatsal Patel, Engineering Manager
Brant Wilson, Associate Civil Engineer

TITLE/RECOMMENDATION
Adopt a Resolution accepting the work performed by JV Lucas Paving (“Contractor”) for the Pavement Management Program 2025 (Asphalt) (“Project”); and requesting the City Clerk to file a Notice of Completion with the County Recorder.

A Notice of Exemption was filed with the County Recorder on March 18, 2025.

FISCAL IMPACT
The total contract amount for the work performed by JV Lucas Paving is a follows:

Contractor Final Contract Amount Council Approved Amount (Including Contingency)
JV Lucas Paving $2,099,564.28 $2,194,027.33
The final cost for the Project is approximately 4% below the City Council approved amount for this contract. This Project is funded by the Road Maintenance and Rehabilitation Account Fund and the General Fund.

BACKGROUND
The City’s Pavement Management Program (“PMP”) is a long-term strategy designed to maintain and improve the condition of local streets in the most cost-effective way.

The PMP uses regular inspections and data-driven analysis to evaluate pavement conditions, prioritize repairs, and schedule maintenance. Its primary purpose is to extend the life of the City’s roadway network, reduce costly major repairs, and ensure safe, smooth, and reliable streets for all users.

Page 27 of 133 ends

CITY COUNCIL AGENDA ITEM NO. F.6
11/12/2025
The City Council awarded a contract for the Project to JV Lucas Paving at its May 13, 2025 meeting.

This Project resurfaced streets by grind and overlay, dig out, crack seal, and slurry seal (as shown in the table below); it replaced traffic striping, legends, and markers; and, it lowered and adjusted existing utilities to finish grade throughout the City.

Grind and Overlay
Locations
Limits Quantity*
(Lane Miles)
Bike Lane**
(Feet)
Brentwood Boulevard Various Locations 1.22 900
East Country Club Drive Palm Dr to Caddie Ln 0.38 1,245 Minnesota Avenue Breakwater Way to
Glenwillow Dr

2.13 5,265
Willowwood Court Entire Street 0.55
Elkins Way Near Sunset Park 0.37
Totals 4.66 7,410
Slurry Seal Locations Quantity*
(Lane Miles)
Trailside (7975***) 0.13
Homecoming I, II, III (6691, 7703, and 7865) 0.21
Arroyo-Seco Estates (7476) 0.17
Hearthstone, Sunrise, Greystone, Town Square
Estates (7950, 7995, 7948, 8011)

1.55 Total 2.06
Crack Seal Location Limits Quantity*
(Lane Miles)
Brentwood Boulevard Sand Creek Rd to Oak
St

6.63 Dig Out Locations Quantity (SF)
23 Various locations 11,440
Total 11,440
*Lane miles include parking and are approximate due to varying lane widths **Bike lane miles are approximate due to varying lane widths *** Four digit numbers following subdivision names are the subdivision map number The Contractor completed all improvements for the current Project on October 23, 2025, in accordance with the contract documents. Therefore, staff is recommending City Council accept the work performed by the Contractor, and request the City Clerk to file a Notice of Completion with the County Recorder.

Page 28 of 133 ends

CITY COUNCIL AGENDA ITEM NO. F.6
11/12/2025

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
A Notice of Exemption was filed with the County Recorder on March 18, 2025.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Acceptance Photographs

4. Notice of Completion

Page 29 of 133 ends

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 May 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which included the Project.

On May 13, 2025, by Resolution No. 2025-47, the City Council approved the contract documents, awarded the bid, and authorized the City Manager or designee to execute a construction contract and necessary documents for the Pavement Management Program 2025 (Asphalt), CIP Project No. 336-31704, with JV Lucas Paving, as the lowest responsible and responsive bidder, in the amount of $1,994,570.30, plus funding authorization for a 10% contingency of $199,457.03, for a total funding authorization not-to-exceed amount of $2,194,027.33.

Page 30 of 133 ends

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ACCEPTING THE WORK PERFORMED BY JV LUCAS
PAVING FOR THE PAVEMENT MANAGEMENT PROGRAM 2025
(ASPHALT), CIP PROJECT NO. 336-31704; AND REQUESTING

THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE

COUNTY RECORDER
WHEREAS, on May 28, 2024, by Resolution No. 2024-56, the City Council adopted the 2024/25 – 2028/29 Capital Improvement Program, which included the Pavement Management Program (“PMP”) 2025, CIP Project No. 336-31704 (“Project”); and
WHEREAS, the City’s PMP is a long-term strategy designed to maintain and improve the condition of local streets in the most cost-effective way; and WHEREAS, the City Council awarded a contract for the Project to JV Lucas Paving at its May 13, 2025 City Council meeting; and
WHEREAS, this Project resurfaced streets by grind and overlay, dig out, crack seal, and slurry seal (as shown in the table below); it replaced traffic striping, legends, and markers; and it lowered and adjusted existing utilities to finish grade throughout the City; and
Grind and Overlay
Locations Limits Quantity* (Lane Miles)
Bike Lane**
(Feet)
Brentwood Boulevard Various Locations 1.22 900
East Country Club Drive Palm Dr to Caddie Ln 0.38 1,245 Minnesota Avenue Breakwater Way to
Glenwillow Dr 2.13 5,265
Willowwood Court Entire Street 0.55
Elkins Way Near Sunset Park 0.37
Totals 4.66 7,410
Slurry Seal Locations Quantity*
(Lane Miles)
Trailside (7975***) 0.13
Homecoming I, II, III (6691, 7703, and 7865) 0.21
Arroyo-Seco Estates (7476) 0.17
Hearthstone, Sunrise, Greystone, Town Square
Estates (7950, 7995, 7948, 8011)

1.55 Total 2.06
Crack Seal Location Limits Quantity*
(Lane Miles)
Brentwood Boulevard Sand Creek Rd to Oak
St 6.63

Page 31 of 133 ends

Page 2 of 2 ends

Grind and Overlay
Locations
Quantity*
(Lane Miles)
Bike Lane**
(Feet)
Dig Out Locations Quantity (SF)
23 Various locations 11,440
Total 11,440
* Lane miles include parking and are approximate due to varying lane widths. ** Bike Lane miles are approximate due to varying land widths. *** Four digit numbers following subdivision names are the subdivision map number WHEREAS, the Contractor completed all improvements on October 23, 2025, in accordance with the contract documents and staff is recommending that the work performed by the Contractor be accepted and the Notice of Completion filed with the County Recorder.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby accept the work performed by JV Lucas Paving for the Pavement Management Program 2025 (Asphalt), CIP Project No. 336-31704; and requests the City Clerk to file a Notice of Completion with the County Recorder.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of November 2025 by the following vote:

Page 32 of 133 ends

Acceptance of Pavement Management Program 2025 (Asphalt) CIP Project No. 336-31704

Page 33 of 133 ends

Pavement Management Program 2025 (Asphalt) NOTICE OF COMPLETION CIP Project No. 336-31704 CA 09-15-21 Page 1
Recording Requested By:

City of Brentwood
When Recorded Mail To:

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

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

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

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

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

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

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

X Fee Ownership __ Lessee __ Other:__________________

5. Construction work on the Project performed on City’s behalf is generally described as follows: Pavement Management Program 2025 (Asphalt), CIP Project No. 336-31704.

6. The name of the original Contractor for the Project is: JV Lucas Paving.

7. The Project was accepted as complete on: November 12, 2025.

8. The Project is located in Brentwood, CA 94513 as follows: resurfaced various streets by grind and overlay, dig out, slurry seal, or crack seal; work also included the replacement of traffic striping, legends and markers; lowering and adjusting of existing utilities to finish grade; and installation of traffic signal loops.

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

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

Page 34 of 133 ends

CITY COUNCIL AGENDA ITEM NO. G.1
11/12/2025
SUBJECT: Introduce and Waive First Reading of an Ordinance of the City of Brentwood Repealing and Replacing Chapter 17.725 of the City of Brentwood Municipal Code Relating to the Affordable Housing Program
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Sylvia Elias, Housing Program Manager

TITLE/RECOMMENDATION
Introduce and waive the first reading of an Ordinance of the City of Brentwood repealing and replacing Chapter 17.725 of the City of Brentwood Municipal Code Relating to the Affordable Housing Program.

FISCAL IMPACT
There is no fiscal impact associated with the action. Amending the Affordable Housing Ordinance to an 18% requirement would increase affordable housing production.

BACKGROUND
The City of Brentwood has required the provision of some level of affordable housing by residential developers since the 1980s. Since its first adoption, this requirement has been located in Chapter 17.725 of the Municipal Code (the Affordable Housing Ordinance). The ordinance has been amended over time to reflect changing Council direction.

At its March 12, 2024 meeting, the City Council directed staff to bring forth a future agenda item to discuss options related to increasing the Affordable Housing

Page 35 of 133 ends

CITY COUNCIL AGENDA ITEM NO. G.1
11/12/2025
Ordinance’s 13% affordable housing obligation. The Council directed staff to provide information related to an increase in the affordable housing obligation to 15% or 20%.

On May 27, 2025, an informational report was presented to the City Council relating to the possible increase of the Affordable Housing Ordinance’s 13% obligation to a higher percentage at either 15% or 20%, and the possible impact on the City’s housing development, State and Federal Housing Laws, Density Bonus activation, and other Constitutional Matters. A feasibility study was recommended to support an increase in the affordability percentage requirement, if one was sought. A copy of the May 27, 2025 staff report is attached for reference.

Upon conclusion of the informational report, the City Council discussed the impact on State and Federal laws, future development, and other Constitutional matters related to the possible increase to the ordinance.

The City Council directed staff to continue with the amendment process, and directed staff to amend the Affordable Housing Ordinance as follows:
 Increase the Affordable Housing Ordinance’s obligation to 18%, with the following allocation:
o Moderate Income – 9%
o Low Income – 5%
o Very Low Income – 4%
 Do not prepare a feasibility study;
 Keep all other sections (e.g., requirements and alternatives) of the existing ordinance in place;
 Move forward with the amendment process and present a concise version of the May 27, 2025 item to the Planning Commission for review and recommendation.

Staff incorporated the City Council’s direction into the draft affordable housing ordinance amendment and presented the draft to the Planning Commission on October 21, 2025. The Planning Commission with a 4-0 vote (1 absent) adopted Resolution No. 25-017 recommending that the City Council adopt an ordinance amending Chapter 17.725 of the City of Brentwood Municipal Code. Subsequent to the Planning Commission’s discussion/recommendation, a scrivener’s error was found in the draft amendment regarding the definition of “Low-income household” (Section

17.725.002 Definitions). The definition of “Low-income household” was amended

Page 36 of 133 ends

CITY COUNCIL AGENDA ITEM NO. G.1
11/12/2025
by the City Council on March 12, 2024 by Ordinance No. 1068, and corrected in the attached draft amendment.

ANALYSIS
When the Affordable Housing Ordinance was originally adopted in 2003, the City Council approved the affordable housing ordinance as a “living” document that would need to be amended from time to time. As staff implemented the direction of the ordinance, it was apparent that over time, market conditions may change. The proposed amendments are being requested to adapt to new realities state-wide and on a local level. Policy decisions and strategies regarding the City’s Affordable Housing Ordinance balances the need to meet State and regional housing mandates while addressing the community needs to ensure all income levels are provided affordable housing opportunities, as is recommended by the City’s General Plan and Housing Element goals and policies.

The City Council’s direction to increase the affordability requirement to 18% (9% Moderate / 5% Low / 4% Very Low) is intended to increase affordable housing production in Brentwood. The five percent increase in the affordability requirement would result in a slight increase in the number of units created for eligible projects, as illustrated in the table below, using a hypothetical single family residential project of 50 units:

Project Size 13% Affordable 18% Affordable
50 Units 7 units (6.5 rounded up
per the ordinance)
9 units
The attached affordable housing ordinance amendment (see Exhibit A) includes the above revised percentages. The ordinance also updates the size range of the smaller projects the affordability requirements apply to in order for the new percentages to mathematically yield the correct number of units.

The City Council’s direction to increase the affordability to 18% (9% moderate/ 5% Low / 4% Very Low) should not trigger review by the State Housing and Community Development Department (HCD) because the City has built at least 75% of its abovemoderate income homes identified in its Regional Housing Needs Assessment over the last five years, and it has timely submitted its Annual Progress Reports as to the City’s Housing Element the last two consecutive years.

In conclusion, the attached proposed ordinance amendment is appropriate and in the public interest, as required by Brentwood Municipal Code Section 17.870.008. This

Page 37 of 133 ends

CITY COUNCIL AGENDA ITEM NO. G.1
11/12/2025
is demonstrated by its consistency with the City’s General Plan goals and policies, and in accordance with the City’s Housing Element.

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

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
The Ordinance is exempt from review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., and the Guidelines for CEQA, 14 CCR §§ 15000, et seq.) because it has no potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, per 14 CCR §15061(b)(3). Further, the Ordinance is also exempt because it does not apply to any particular housing project at this time and it is thus speculative to evaluate any such future project in the context of consideration of this Ordinance.

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

1. Direct staff to make changes to the attached draft ordinance and direct staff to return to the Planning Commission and the City Council with the revised ordinance.

2. Do not amend the ordinance and leave the affordable housing obligation at its current 13%.

ATTACHMENT(S)

1. Previous Action(s)

2. CC Staff Report of 5/27/25

3. Draft Affordable Housing Ordinance (Exhibit A)

Page 38 of 133 ends

PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the City 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/meeting, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

Ordinance No. 1068 was adopted by the City Council on March 12, 2024 further amending the City of Brentwood’s Affordable Housing Program.

Ordinance No. 1041 was adopted by the City Council on July 26, 2022 further amending the City of Brentwood’s Affordable Housing Program.

Ordinance No. 1014 was adopted by the City Council on April 28, 2020 amending the City of Brentwood’s Affordable Housing Program.

Page 39 of 133 ends

Page 40 of 133 ends

Page 41 of 133 ends

Page 42 of 133 ends

Page 43 of 133 ends

Page 44 of 133 ends

Page 45 of 133 ends

Page 46 of 133 ends

Page 47 of 133 ends

Page 48 of 133 ends

Page 49 of 133 ends

Page 50 of 133 ends

Page 51 of 133 ends

Page 52 of 133 ends

Page 53 of 133 ends

Page 54 of 133 ends

Page 55 of 133 ends

Page 56 of 133 ends

Page 57 of 133 ends

Page 58 of 133 ends

Page 59 of 133 ends

Page 60 of 133 ends

Page 61 of 133 ends

Page 62 of 133 ends

Page 63 of 133 ends

Page 64 of 133 ends

Page 65 of 133 ends

Page 66 of 133 ends

Page 67 of 133 ends

Page 68 of 133 ends

Page 69 of 133 ends

Page 70 of 133 ends

Page 71 of 133 ends

Page 72 of 133 ends

Page 73 of 133 ends

Page 74 of 133 ends

Page 75 of 133 ends

ORDINANCE NO. XXXX

AN ORDINANCE REPEALING AND REPLACING CHAPTER

17.725 OF THE CITY OF BRENTWOOD MUNICIPAL CODE
("AFFORDABLE HOUSING")
WHEREAS, the City of Brentwood, California (the "City") is a general law city, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800, et seq. authorizes cities to adopt and administer zoning laws, ordinances, rules and regulations as a means of implementing that city's General Plan; and
WHEREAS, on September 9, 2003, the City Council of the City of Brentwood adopted Ordinance 756, establishing the Affordable Housing Program, as recommended by the Planning Commission; and
WHEREAS, the City Council adopted Ordinance No. 790 on January 11, 2005, and amended in its entirety Chapter 17.725 of the City of Brentwood Municipal Code (the "Affordable Housing Ordinance"); and
WHEREAS, the City Council adopted Ordinance No. 842 on April 27, 2007, amending the Affordable Housing Ordinance; and
WHEREAS, the City Council adopted Ordinance No. 874 on July 28, 2009, amending the City's Affordable Housing Ordinance; and
WHEREAS, the City Council adopted Ordinance No. 909 on November 13, 2012, amending the City's Affordable Housing Ordinance; and WHEREAS, the City Council adopted Ordinance No. 1014 on April 28, 2020, amending the City's Affordable Housing Ordinance; and
WHEREAS, the City Council adopted Ordinance No. 1041 on July 26, 2022, amending the City's Affordable Housing Ordinance; and
WHEREAS, the City Council adopted Ordinance No. 1068 on March 12, 2024, amending the City’s Affordable Housing Ordinance; and
WHEREAS, on March 12, 2024, the City Council directed staff to bring forth a future agenda item to discuss options related to increasing the Affordable Housing Ordinance obligation to a maximum of 15% - 20%; and
WHEREAS, on May 27, 2025, the City Council heard a presentation from staff on the existing City affordable housing programs, the existing Affordable Housing Ordinance, options to increase the Affordable Housing Ordinance’s inclusionary obligation, and information on the City’s Regional Housing Needs

Page 76 of 133 ends

Page 2 of 20 ends

Allocation (RHNA) and directed staff to draft potential Affordable Housing Ordinance amendments for Council consideration; and
WHEREAS, acting on such Council direction, staff has prepared an ordinance (the "Ordinance"), which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, on October 21, 2025, the Planning Commission considered the staff report, the Ordinance, supporting documents, all public comments submitted, and all other appropriate information that has been submitted, and recommended approval of the Ordinance to the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES ORDAIN AS FOLLOWS:

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

SECTION 2. Brentwood Municipal Code Section 17.870.008 provides as follows:

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

The City Council find that his Ordinance is a zoning text amendment that is consistent with the 2014 City of Brentwood General Plan (as amended from time to time), insomuch as:
a. The Ordinance will increase the supply of housing to the Brentwood community and will require that "[a]II affordable units within a residential development shall be comparable to the market-rate units in exterior design, quality, materials, architectural elements and overall construction quality, as well as number and proportion of bedroom types," (Brentwood Municipal Code Section

17.725.003.F.) per Policy H 1-2 ("Endeavor to ensure the supply of safe, decent, and sound housing for all residents").
b. The Ordinance will assist in meeting the shelter needs of all Brentwood residents by increasing the supply of housing affordable to very-low, low, and moderate income households, per Goal H 1 ("Housing: Provide a diversity of housing opportunities to enhance the City's living environment and to satisfy the shelter needs of all

Page 77 of 133 ends

Page 3 of 20 ends

Brentwood residents").
c. The Ordinance will not displace the predominance of single-family home development as Brentwood's predominant residential product type, but will allow affordable housing developers to request other housing types, per Policy LU 2.1 ("Maintain Brentwood's predominant land use of single family residential while providing for a mix of housing types throughout the community, in accordance with the Housing Element").
d. The Ordinance includes for the possibility of the construction of affordable duets, duplexes, triplexes or fourplexes on corner lots within single-family areas, per Policy LU 2.8 ("Provide for a variety of residential products through the Zoning Ordinance in order to accommodate the housing needs of all segments of the city's population").

In addition, the City Council finds that this Ordinance is appropriate and not contrary to the public interest, as it will provide more affordable housing for all sectors of the community.

SECTION 3. The text of Chapter 17.725 of the Brentwood Municipal Code is hereby repealed in its entirety and is replaced as set forth in Exhibit "A" attached hereto and incorporated herein.

SECTION 4. The Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing the Ordinance in accordance with that law. Further, the City Clerk is directed to cause the text adopted in Exhibit “A” attached hereto to be entered in the City of Brentwood Municipal Code. This Ordinance shall take effect and be in force 30 days following its adoption.

SECTION 5. The Ordinance is exempt from review under the California Environmental Quality Act (Public Resources Code §§21000, et seq., and the Guidelines for CEQA, 14 CCR §§15000, et seq.) because it has no potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, per 14 CCR §15061(b)(3). Further, the Ordinance is also exempt because it does not apply to any particular housing project at this time and it is thus speculative to evaluate any such future project in the context of consideration of this Ordinance.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 12th day of November 2025 by the following vote:

Page 78 of 133 ends

Page 4 of 20 ends

Exhibit A
Brentwood Municipal Code Chapter 17.725
This chapter shall be amended to provide as follows, with deleted text struckthrough and new text underlined:

Chapter 17.725 AFFORDABLE HOUSING

17.725.001 Title and purpose of provisions.

17.725.002 Definitions.

17.725.003 General requirements.

17.725.004 Alternative equivalent proposal.

17.725.005 Implementation procedures.

17.725.006 Affordable unit concessions and construction incentives.

17.725.007 Affordable housing in lieu fee fund.

17.725.008 Brentwood rental housing trust fund.

17.725.009 First time homebuyer fund.

17.725.010 Enforcement.

17.725.011 Waiver.

17.725.001 Title and purpose of provisions.

A. Title. The provisions of this chapter shall be known as the “affordable housing program” of this title.

B. Purpose. The purpose of this affordable housing program is to:

1. Enhance the public welfare and assure that further housing development contributes to the attainment of the city’s housing goals as described in the housing element of the general plan, by creating, preserving, maintaining, and protecting housing affordable for households of very low-, low- and moderate-income;

2. Assure that the remaining developable land in the city’s planning area is utilized in a manner consistent with the city’s housing policies and needs;

Page 79 of 133 ends

Page 5 of 20 ends

3. Increase the number of affordable housing units in Brentwood in recognition of the insufficient number of existing affordable housing units in relation to the community’s current and future needs, and

4. Assure that new affordable housing units that are constructed are distributed throughout the city as part of mixed-income developments in order to obtain the benefits that flow from economically diverse communities, increase access to opportunity, and affirmatively further fair housing.

17.725.002 Definitions.

As used in this chapter, each of the following terms shall be defined as follows:
“Affordable housing agreement” means a recorded agreement between the city and a residential developer setting forth the residential developer’s compliance with the requirements of this chapter.
“Affordable housing cost” means the cost defined in the California Health and Safety Code Sections 50052.5 and 50053 (as may be amended from time to time) for owner-occupied and tenant-occupied units, respectively, and adjusted for assumed household size. The housing manager, on or about July 1 of each calendar year shall publish the maximum affordable housing costs for sales prices and rents as calculated in accordance with the applicable provisions of the California Health and Safety Code.
“Affordable unit” means an ownership or rental-housing unit, including senior housing, occupied by and available to households of very low, low and moderate incomes at an affordable housing cost, adjusted for assumed household size as defined in this chapter, with deed restrictions as defined in this chapter in favor of the city.
“Assumed household size” means the assumed number of persons residing within a dwelling unit. For the purposes of this chapter, assumed household sizes for affordable units for a given number of bedrooms are as follows, or as may be amended by the California Health and Safety Code.

Assumed
Household
Size 1 2 3 4 5
6 or
more
Unit Size Studio 1
Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
5 Bedroom
“Custom home development” means any residential development being subdivided by one party and sold as individual lots or parcels to separate owners for construction and development of dwelling units.

Page 80 of 133 ends

Page 6 of 20 ends

“Divided in-lieu fee” means the total amount of the in-lieu fees due for the residential development at the time of first building permit issuance divided by the total number of market-rate units in the residential development. The divided inlieu fee shall be adjusted annually in accordance with appropriate factors or indexes as adopted by the cost allocation plan.
“Dwelling unit” means a dwelling designed and intended for occupancy by one household.
“First time homebuyer” means a household which has not owned its principal place of residence within the last three years.
“In-lieu fee” means a fee paid to the city by an applicant in lieu of providing the required affordable units.
“Low-income household” means a household whose annual income exceeds the qualifying limits set for “very low-income households” in Sections 50093 and 50105 of the California Health and Safety Code but does not exceed the qualifying limits set for “lower income households” in Section 50079.5 of the California Health and Safety Code. (Ord. 1068 § 2024)
“Market-rate unit” is defined as a residential unit that is not an affordable unit. “Moderate-income household” means a household whose annual income does not exceed the qualifying limits set for “moderate-income households” in Section 50093 of the California Health and Safety Code and does not include a very low- or low-income household.
“Ownership development” means any residential development that includes the creation of one or more additional dwelling units that may be sold individually. An ownership development also includes the conversion of a residential rental development to a residential ownership development.
“Refinance and Resale Limitation Agreement and Option to Purchase” means a recorded agreement between the city and an individual homebuyer of an ownership affordable unit documenting resale controls and/or rent restrictions. “Rental development” means any residential development that creates one or more additional dwelling units that cannot be lawfully sold individually in conformance with the Subdivision Map Act.
“Resale controls and/or rent restrictions” means legal restrictions by which affordable units shall be restricted to ensure that the unit remains affordable to very low-, low- or moderate-income households, as applicable, for a period of not less than forty-five years for ownership units and not less than fifty-five years for rental units, or longer periods if required by state housing or federal law or a financing assistance program. Resale controls for owner-occupied units shall be in

Page 81 of 133 ends

Page 7 of 20 ends

the form of resale restrictions, deeds of trust, and/or other similar documents recorded against the subject property. Rent restrictions for rental units shall be in the form of a regulatory agreement recorded against the subject property. “Residential development” means and includes, without limitation, for-sale single-family dwellings, multiple-family dwellings, groups of dwellings, condominium or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include housing units, manufactured housing, mobilehomes, and residential land subdivisions intended to be sold, leased or rented to the general public.
“Very low-income household” means a household whose annual income does not exceed the qualifying limits set for “very low-income households” in Sections 50093 and 50105 of the California Health and Safety Code. “Very low-income households” include “extremely low-income households” as defined in Sections 50093 and 50106 of the California Health and Safety Code. (Ord. 1068 § 1, 2024)

17.725.003 General requirements.

A. Applicability. This chapter shall apply to all new residential developments of five or more lots or dwelling units designed and intended for residential occupancy in the city. No residential development, other than that exempted in subsection C of this section, shall be undertaken, and no building permits shall be accepted for processing or issued, unless the development has been approved in accordance with this chapter.

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

1. Residential Developments of Five to NineEight Dwelling Units. Developers of residential developments consisting of five to nineeight dwelling units shall (a) construct one low-income affordable unit meeting the standards in this chapter, or (b) pay a fee equal to fifty percent of the low-income in-lieu fee, as established by resolution of the City Council. Alternatively, the applicant may provide an “alternative equivalent” as established in this chapter, if approved by the City Council as specified in Section 17.725.004. However, if all or any portion of a residential development of five to nineeight dwelling units is later re-subdivided into tennine or more parcels or dwelling units, the city’s affordable housing requirement may not be satisfied by payment of an in-lieu fee.

Page 82 of 133 ends

Page 8 of 20 ends

2. Application to Residential Development of TenNine or More Dwelling Units.

In applying this requirement to residential development consisting of tennine or more dwelling units, any decimal fraction less than 0.50 dwelling units shall be disregarded and any decimal fraction equal to or greater than 0.50 dwelling units shall be construed as one dwelling unit.

C. Exemptions. The following are exempt from the provisions of this chapter:

1. Residential development governed by a development agreement expressly precluding compliance with this chapter or an ordinance of this nature. In cases in which the development agreement does not expressly preclude compliance with this chapter, the project shall comply with this chapter;

2. Replacement housing due to natural disaster on a one for one basis (i.e., one dwelling unit replaced for each legally existing dwelling unit);

3. Modifications to existing properties or structures that do not increase the number of dwelling units;

4. Residential care facilities with dwelling units that are nonself-sufficient units; that is, they do not include kitchen facilities (if a project includes both selfsufficient and non-self-sufficient units, only the latter are exempt);

5. Subdivisions consisting of between one and four lots or dwelling units;

6. Development of up to four new dwelling units on an existing residential lot of record;

7. Development of up to three additional dwelling units on a lot zoned to accommodate up to a maximum of four dwelling units, and which already contains at least one existing dwelling unit, provided that the maximum limit of dwelling units is not increased;

8. A residential second unit or accessory dwelling unit (as defined by state law) on an existing residential lot, subject to compliance with the zoning ordinance;

9. Residential developments whose applications were determined to be complete under Government Code Section 65943 or any successor provision prior to the effective date of the ordinance codified in this chapter, provided that such residential developments shall comply with the predecessor ordinance, resolution, or policy in effect immediately prior to the effective date of the ordinance codified in this chapter;

10. Residential developments exempted by California Government Code Section 65589.5(o) or successor provision, provided that such residential development shall comply with any predecessor ordinance, resolution, or policy in effect on the date a preliminary application for the development containing all of

Page 83 of 133 ends

Page 9 of 20 ends

the information required by Government Code Section 65941.1 was submitted to the city.

D. Allocation of Affordable Units to Income Levels. Dwelling units located within the Brentwood city limits for very low-, low- and moderate-income households as required by this chapter shall be allocated as follows:

Ownership and Rental Development
Moderate-Income Households 69%
Low-Income Households 45%
Very Low-income Households 34%
Projects of 109 orto 1113 units shall contain one low-income unit and one moderate income unit; projects of 1214 to 19 units shall contain one low-income unit and, one moderate-income unit, and one very low income unit; projects of 20 to 26 units shall contain one low-income unit, onetwo moderate-income unitunits, and one very low-income unit; and projects of 27 to 34 units shall contain onetwo lowincome unitunits, two moderate-income units, and one very low-income unit. For larger projects, the number of units required at each income level shall be calculated to achieve an income distribution as close as possible to that specified in the above table.

E. Concurrent Construction. All affordable units in a residential development or phase of a residential development shall be constructed prior to or concurrently with market-rate units, as set forth, and in the location specified, in a schedule of construction approved by the city and set forth in the affordable housing agreement. The building permits for the last ten percent of the market-rate units shall not be issued until the last affordable unit has been issued a building permit and construction of the last affordable unit has begun.

F. Design and Distribution of Affordable Units. All affordable units within a residential development shall be comparable to the market-rate units in exterior design, quality, materials, architectural elements and overall construction quality, as well as number and proportion of bedroom types. If approved by the planning commission in the design review approval process as specified in Section 17.725.006(D), the developer may request an exception to the foregoing in order to reduce the cost of the affordable units by permitting reduced front, side and backyard landscaping and smaller square footage for bedrooms. Otherwise, affordable units shall be comparable to the approved landscape plans, exterior elevations, and bedroom square footage found in the approved plans for the remainder of the residential development. In addition, all affordable units shall include the same or similar interior amenities offered for market-rate units within a residential development. Affordable units shall be dispersed throughout the residential development so as to prevent the concentration of affordable units, unless the planning commission has approved an exception to this standard to accommodate senior housing or to reduce affordable unit costs as described above, or approval of an off-site location has been granted.

Page 84 of 133 ends

Page 10 of 20 ends

1. Very Low- to Medium-Density Zoning. For residential developments with very low- to medium-density zoning designations as defined by the general plan, the affordable unit may be smaller in size than other models in the residential development. The minimum permissible affordable unit size is one thousand six hundred square feet on a three thousand square foot parcel. As a means to provide massing and lot proportions consistent with the residential development, a duet unit will satisfy the city’s affordable housing requirement. For example, a duet unit can be located on a corner with each duet unit being one thousand six hundred square feet on two separate three thousand square foot parcels.

2. High- to Very High-Density Zoning. For residential developments with high- to very high-density zoning designations as defined by the general plan, the affordable units shall be comparable to market-rate units in square footage.

G. Length of Affordability. All affordable ownership units shall remain affordable for a period of at least forty-five years from date of original occupancy and each subsequent ownership, and all affordable rental units, including any affordable rental units provided as an agreed-upon alternative equivalent proposal pursuant to Section 17.725.004, shall remain affordable for a period of at least fifty-five years from the date of the initial rental or leasing period, or longer periods as may be required by state housing law.

H. Concurrently with applicant’s submission of a universal application to the city with respect to any proposed residential development subject to this chapter, applicant shall also submit a narrative describing how the proposed residential development will comply with the requirements of this chapter. (Ord. 1014 § 1, 2020.)

17.725.004 Alternative equivalent proposal.

As an alternative to constructing affordable units on site, a residential developer may propose one of the alternative equivalents set forth below to meet the requirements of Section 17.725.003. Such proposed alternative shall be processed in accordance with Section 17.725.005 of this chapter. An alternative equivalent proposal may include, but is not limited to, payment of an in-lieu fee for ownership development, dedication of vacant developable land, dedication of constructed units to the city’s rental housing program, construction of affordable units on another site, or conversion of existing market-rate units (either for-sale or for-rent) within the city to affordable units through acquisition and enforcement of required affordability restrictions consistent with this chapter. All alternative equivalent proposals must be submitted in writing, demonstrate that the alternative equivalent will provide as much or more affordable housing in the city as would be achieved through the construction of required on-site affordable units required under Sections 17.725.003(D), be consistent with the city’s housing element, and not increase residential segregation. Additionally, for ownership developments, an alternative equivalent proposal must result in an approximately equal geographic distribution of affordable units throughout the city.

Page 85 of 133 ends

Page 11 of 20 ends

A. Approval of Payment of In-Lieu Fees. In-lieu fees may be paid for residential developments consisting of between five and nineto eight dwelling units.

The amount of the in-lieu fee shall be adopted by resolution of the city council, and may be amended from time to time.

1. In-lieu fees for custom home developments shall be paid at time of building permit issuance for each custom home. For each permit pulled, the developer shall pay either the divided in-lieu fee or a lump sum with the total fee, as elected by the developer.

2. In-lieu fees for all other residential developments shall be paid at building permit issuance for each market-rate unit constructed within the development. For each permit pulled, the developer shall pay either the divided in-lieu fee or in a lump sum as with the total fee, as elected by the developer.

3. Except as may otherwise be required by law, the amount of the fee shall be as set forth in the in-lieu fee resolution in effect at the time of payment. In-lieu fees paid to the city shall be deposited into the affordable housing in-lieu fee fund in accordance with Section 17.725.007.

4. The in-lieu fee paid by the developer of an ownership development shall be calculated using a market rate median sales price based in-lieu fee. This fee is based on the twelve-month median sales price for a three-bedroom, one thousand five hundred to one thousand seven hundred square foot, market-rate home in Brentwood, minus the current affordable housing cost as defined in the California Health and Safety Code for owner-occupied units for the applicable household income level.

The amount of the in-lieu fee for each affordable unit shall be the difference between the market rate median sales price, calculated as above, and the affordable housing cost for a for-sale three-bedroom unit.

5. Developers of rental developments must construct affordable units on site or satisfy the affordable requirements through an alternative equivalent proposal other than payment of in-lieu fees
B. Dedication of Vacant Developable Land. An applicant may dedicate vacant developable land to the city or city-approved nonprofit housing developer in-lieu of constructing a portion of the required affordable units, if the city council finds all of the following:

1. The dedication of vacant land in lieu of constructing affordable units is consistent with this chapter’s goal of creating, preserving, maintaining, and protecting housing for very low-, low- and moderate-income households;

2. The dedicated vacant land is large enough and appropriately zoned to accommodate the number of affordable units that the applicant would otherwise be required to construct by Sections 17.725.003(D);

Page 86 of 133 ends

Page 12 of 20 ends

3. The dedicated vacant land is improved with infrastructure and utilities required to serve the property, including, but not limited to, power, telephone, cable, gas, water, sewer and fiber optics, grading, and all applicable fees, taxes, and assessments, including, but not limited to, school and flood control fees, and excluding any affordable housing in-lieu fees, have been or will be paid by the applicant;

4. The dedicated vacant land is located inside the city, or the vacant land will be annexed to the city prior to issuance of any building permits to the applicant for his/her related market-rate dwelling unit(s);

5. That the off-site location would not increase segregation; and

6. That the development of affordable units on the dedicated land will be financially feasible.

C. Off-Site Construction of For-Sale or For-Rent Affordable Units or Conversion of Market-Rate For-Sale or For-Rent Units to Affordable Units. An applicant may construct the required affordable units off site from the proposed market-rate development site by causing the construction of new ownership or rental affordable units or convert existing market-rate ownership or rental affordable units with the approval of the city council and subject to the city council’s approval of each of the following findings and imposition of the following conditions of approval on each tentative map or other entitlement:

1. Required Findings for Construction and Conversion.
a. The construction of the affordable units off site or conversion of the existing market-rate units, excluding mobile-home units and units within cooperative developments, in lieu of constructing affordable units on site is consistent with this chapter.
b. The developer has submitted documentation to the satisfaction of the city manager or designee that demonstrates that the construction of the affordable units on site would be impractical or that off-site construction or conversion of market-rate units to affordable units will significantly benefit the city. c. The residential development will be subject to the conditions of approval set forth in subsection(C)(3) of this section. The conditions of approval for the market-rate development shall require that any off-site affordable units be governed by resale controls and/or rent restrictions similar to those required for onsite affordable units. d. The quality and quantity of affordable units constructed off site and market-rate units converted to affordable units shall be equivalent to affordable units that would have been constructed on site to satisfy the city’s affordable housing requirement.

Page 87 of 133 ends

Page 13 of 20 ends

e. If conversion of existing market-rate units to affordable units is proposed, the proposed conversion is consistent with Government Code Section 65583.1, and the City may substitute the conversion of these units for the obligation to identify adequate sites in its housing element, as provided in Government Code Section 65583.1.

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

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

D. Dedication of Affordable Units to the City of Brentwood. An applicant may dedicate constructed or converted on-site or off-site affordable units to the city’s rental housing program to satisfy the requirements of this chapter.

Mobile homes and units within cooperative developments are excluded from dedication. Each unit dedicated to the city shall equate to the construction of two affordable units that would otherwise be required pursuant to Section 17.725.003(D). Rental income from these affordable rental units shall be deposited into a Brentwood rental housing trust fund administered by the city’s finance director in accordance with Section 17.725.008.

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

Page 88 of 133 ends

Page 14 of 20 ends

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

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

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

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

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

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

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

17.725.005 Implementation procedures.

A. Satisfaction of Affordable Housing Requirement. Each proposal for satisfying the city’s affordable housing requirement, together with a proposed affordable housing agreement per subsection B of this section, shall be reviewed by the city manager or designee, considered for recommendation by the city council committee having jurisdiction, and forwarded to the city council for approval on its consent calendar agenda. The requirements of this chapter shall be satisfied by all ownership and rental developments subject to this chapter, unless the applicant receives a waiver under Section 17.725.011.

Page 89 of 133 ends

Page 15 of 20 ends

B. Agreements. Prior to the approval of a final map for any residential development, or issuance of a building permit for a unit within a residential development, to which this chapter applies, whichever comes first, the city and the residential developer shall enter into an affordable housing agreement in a form approved by the city attorney. For those residential developments for which affordable units will be constructed or converted on or off site, the affordable housing agreement shall include appropriate resale controls and/or rent restrictions.

For ownership affordable units, the city and the individual homebuyer shall be required to enter into a recorded refinance and resale limitation agreement in a form approved by the city attorney. The city manager or designee is authorized to execute affordable housing agreements, resale controls and/or rent restrictions and any other documents necessary to effectuate the implementation of this chapter, provided such agreements and documents are consistent with the requirements of this chapter.

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

For each owner-occupied affordable unit provided under this chapter, the current owner may be required to pay a transfer fee for any change of ownership as adopted from time to time by the city council during the term of required affordability in the amount set forth in the refinance and resale limitation agreement.

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

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

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

Page 90 of 133 ends

Page 16 of 20 ends

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

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

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

The community development director shall establish and maintain eligibility selection contact lists for qualified households based on the two housing priority groups mentioned in subsection F of this section. Proof of qualification for a priority group shall be provided by a household before placement on one of the selection contact lists. The lists shall be updated as needed.

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

17.725.006 Affordable unit concessions and construction incentives.

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

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

Page 91 of 133 ends

Page 17 of 20 ends

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

C. Density Bonus. Concurrently with consideration of an application for a residential growth management program allocation, the city may award a density bonus for developments that comply with the very low-, low- or moderate-income affordability provisions of this chapter by constructing units on site, paying the appropriate in lieu fee, providing an acceptable alternative equivalent proposal, or a combination of the above, in accordance with this chapter. In the event that a development is also eligible for a density bonus pursuant to Government Code Section 65915, the density bonus authorized pursuant to this chapter shall be included in any density bonus obtained pursuant to state law and shall not increase the amount of the density bonus above that afforded by state law. An application for a density bonus must be received concurrently with an application for residential growth management program allotments. The density bonus provided shall initially be set at nine percent above the midpoint of the density range established in the general plan and zoning code. Fractional density bonus units shall be rounded in the manner set forth in Section 17.725.003(B)(2) of this chapter. The density bonus amount shall be periodically reviewed by the city engineer, the community development director, and the housing manager, who will recommend that adjustments, as appropriate, be adopted by resolution of the city council. Density bonus units authorized under this chapter shall be excluded from the affordability requirements specified in Section 17.725.003 of this chapter.

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

1. Reduced lot sizes;

2. Reduced setback requirements;

3. Reduced open space requirements;

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

5. Reduced landscaping requirements;

6. Reduced parking requirements;

7. Height restriction waivers.

Page 92 of 133 ends

Page 18 of 20 ends

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

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

F. Direct Financial Assistance. The city council may authorize provision of direct financial assistance in the form of a loan or grant from collected affordable housing trust funds as described in Section 17.725.007 of this code for developments which include dwellings units affordable to very low-, low-, or moderate-income households that exceed minimum affordable unit counts required under Section 17.725.003 of this code.

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

17.725.007 Affordable housing in lieu fee fund.

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

B. Use. The finance director shall administer all monies in this fund including any interest earnings. Funds shall be disbursed at the discretion of the city council for the purpose of assisting in the construction of very low-, low- or moderateincome dwelling units, or helping with other affordable housing opportunities. Use of this fund may include the provision of loans to help fund rental housing projects.

The finance director is authorized to utilize the city council approved budget to annually fund the city housing operating costs. In addition, the finance director is authorized to make budget adjustments as required to forgive the interfund receivable that has accumulated prior to the adoption of the ordinance codified in this chapter. (Ord. 1014 § 1, 2020)

17.725.008 Brentwood rental housing trust fund.

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

Page 93 of 133 ends

Page 19 of 20 ends

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

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

17.725.009 First time homebuyer fund.

A. Creation. Contributions to the city’s first time homebuyer program in accordance with Section 17.725.004(D) shall be deposited into the first time homebuyer fund, which is part of the housing enterprise.

B. Use. The finance director shall administer all monies in this fund, including any interest earnings. All monies in the fund, other than those specified in Section 17.725.009(C) shall be loaned to first time homebuyers that qualify as a moderate-income, low-income or very low-income household, in accordance with terms and provisions of the approved first time homebuyer program approved by the city council.

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

17.725.010 Enforcement.

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

Page 94 of 133 ends

Page 20 of 20 ends

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

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

17.725.011 Waiver.

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

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

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

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

Page 95 of 133 ends

CITY COUNCIL AGENDA ITEM NO. G.2
11/12/2025
SUBJECT: Continuance of an Ordinance Amending Title 15 Chapters 15.04 and 15.06 of the Brentwood Municipal Code
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Kenneth Murphy, Chief Building Official

TITLE/RECOMMENDATION
Continue to the regular meeting of December 9, 2025, the second reading and adoption of Ordinance No. 1090, Adopting by Reference Portions of the 2025 Edition of the California Code of Regulations Title 24 (California Building Standards Code) with Local Amendments, Amending Chapter 15.04 and Amending and Adding to Chapter 15.06 of the Brentwood Municipal Code, and Making the Required Findings of Local Climatic, Geological, and Topographical Conditions.

Further, even if considered a project, the continuance of the item adopting this ordinance is exempt under CEQA pursuant to 14 CCR § 15061(b)(3) because it can be seen with certainty that there is no possibility the adoption of this ordinance will have a significant effect on the environment.

BACKGROUND
On October 28, 2025, the City Council introduced and waived the first reading of the Ordinance amending Chapter 15.04 and Chapter 15.06 of the Brentwood Municipal Code in order to adopt portions of the Building Standards Code. As part of the Ordinance, the City of Brentwood is adopting by reference two Contra Costa County Fire Protection District (CCCFPD) Ordinances to facilitate the enforcement of those codes within the City of Brentwood. The required adoption of CCCFPD’s ordinances by the Contra Costa County Board of Supervisors has not been completed due to the second reading of the ordinances not taking place on November 4th as anticipated.

The second reading is now scheduled for the November 18, 2025, Board of

Page 96 of 133 ends

CITY COUNCIL AGENDA ITEM NO. G.2
11/12/2025
Supervisors meeting. In order to ensure the City of Brentwood is adopting the final versions of CCCFPD’s ordinances, staff recommends that the second reading of the Ordinance be continued to the regular meeting of December 9, 2025.

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

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on October 31, 2025

ENVIRONMENTAL DETERMINATION
The continuance of the adoption of the ordinance is not a project under the California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq., as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.) pursuant to 14 CCR §§ 15358 and 15378 because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, even if considered a project, the continuance of the adoption of this ordinance is exempt under CEQA pursuant to 14 CCR § 15061(b)(3) because it can be seen with certainty that there is no possibility the adoption of this ordinance will have a significant effect on the environment.

ATTACHMENT(S)

1. Previous Action

Page 97 of 133 ends

On May 10, 2022, the City Council introduced and waived the first reading of proposed Ordinance No. 1038, Amending Title 15 (Buildings and Construction) chapter 15.06 of the Brentwood Municipal Code, adopting by reference the California Code of Regulations, Title 24, Part 9 (The California Fire Code), as amended by Contra Costa Fire Protection District Ordinance 2019-37, including findings supporting amendments, and set a public hearing for May 24, 2022.

On May 24, 2022, the City Council adjourned the meeting to a special meeting on May 26, 2022, due to a large-scale blackout in the City of Brentwood. The City Council did not continue the second reading of Ordinance No. 1038 to a date certain.

On May 26, 2022, the City Council adopted an Interim Urgency Ordinance amending Title 15, which took effect immediately upon adoption, and set a hearing date of June 14, 2022, for the second reading of the Ordinance.

On June 14, 2022, the City Council continued the public hearing of the second reading of the Ordinance to June 28, 2022.

On June 28, 2022, the City Council adopted Ordinance No. 1038, amending Title 15 (Building and Construction) Chapter 15.06 of the Brentwood Municipal Code, adopting by reference California Code of Regulations, Title 24, part 9 (The California Fire Code), as amended by Contra Costa County Fire Protection District Ordinance 2019-37.

On October 25, 2022, the City Council waived the first reading of proposed Ordinance No. 1049 amending Title 15 (Building and Construction), Chapter 15.04 of the Brentwood Municipal Code to adopt by reference the 2022 edition of the California Code of Regulations Title 24 (California Building Standards Code) with amendments; and Chapter 15.06 of the Brentwood Municipal Code, to adopt by reference the 2022 edition of the California Code of Regulations Part 9, 2022 California Fire Code.

On November 15, 2022, the City Council adopted Ordinance No. 1049, amending Title 15 (Building and Construction) Chapter 15.04 of the Brentwood Municipal Code to adopt by reference the 2022 edition of the California Code of Regulations Title 24

Page 98 of 133 ends

Page 2 of 2 ends

(California Building Standards Code) with amendments; and Chapter 15.06 of the Brentwood Municipal Code to adopt by reference the 2022 edition of the California Code of Regulations Part 9, 2022 California Fire Code.

On October 28, 2025, the City Council waived the first reading and introduced Ordinance No. 1090, adopting by reference portions of the 2025 Edition of the California Code of Regulations Title 24 (California Building Standards Code) with local amendments, amending Chapter 15.04 and amending and adding to Chapter 15.06 of the Brentwood Municipal Code, and making the required findings of local climatic, geological, and topographical conditions.

Page 99 of 133 ends

CITY COUNCIL AGENDA ITEM NO. H.1
11/12/2025
SUBJECT: Adopt the Side Letter between the City of Brentwood and the Brentwood Police Officers’ Association
DEPARTMENT: Human Resources
STAFF: Teresa Fairbanks, Human Resources Manager

TITLE/RECOMMENDATION
Adopt the Side Letter between the City of Brentwood and the Brentwood Police Officers’ Association to update the Holiday language in the Brentwood Police Officers’ Association 2021-2024 and 2024-2027 Memorandums of Understanding (MOUs) to clearly identify the City’s official list of recognized holidays. The proposed action will clarify the Holiday Pay language to ensure that it is reportable as special compensation to CalPERS pursuant to the Public Employees’ Retirement Law (PERL), Government Code, California Code of Regulations (CCR), and CalPERS regulations.

FISCAL IMPACT
If approved, the actions contemplated in the proposed Side Letter (Exhibit A) relate to updating language to clarify the City’s recognized list of holidays and would not result in additional costs for the City. Thus, no budget amendment would be required.

BACKGROUND
The City remains committed to fairness and equity for its employees while maintaining competitive salaries and benefits. In alignment with these goals, the City also continues to pursue a fiscally responsible path that supports long-term sustainability for both its workforce and the Brentwood community, including maintaining healthy reserves and avoiding increases to unfunded obligations.

On September 28, 2021 and November 12, 2024, the City Council approved successor Memorandums of Understanding (MOUs) between the City of Brentwood and the Brentwood Police Officers’ Association (BPOA) for the term of July 1, 2021, through June 30, 2024 and July 1, 2024, through June 30, 2027, respectively. Per the requirements of the Meyers-Milias-Brown Act (California Government Code

Page 100 of 133 ends

CITY COUNCIL AGENDA ITEM NO. H.1
11/12/2025
Sections 3500–3511), any modifications to the MOUs must be mutually agreed upon by both parties.

The current language in the respective Memoranda of Understanding (MOUs) does not specifically identify the City’s official list of recognized holidays. As a result, CalPERS has notified the City that holiday pay is not reportable as special compensation pursuant to the Public Employees’ Retirement Law (PERL), Government Code, California Code of Regulations (CCR), and CalPERS regulations.

To address this issue, the attached Side Letter (Exhibit A) proposes revised language that explicitly defines the City’s recognized holidays. This update will ensure compliance with reporting requirements moving forward.

Staff recommends that the City Council approve the attached side letter to amend the MOUs to update Holiday language that clearly identifies the City’s official list of recognized holidays.

The Side Letter was agreed upon and developed jointly by representatives from the City and the Brentwood Police Officers’ Association (BPOA), and has been reviewed and approved by the City Attorney, as well as outside legal counsel specializing in employment law.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

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

DATE OF NOTICE
Not Applicable

ENVIRONMENTAL DETERMINATION
Not Applicable

Page 101 of 133 ends

CITY COUNCIL AGENDA ITEM NO. H.1
11/12/2025

ALTERNATIVE OPTION(S)
Staff does not recommend any alternative options to ensure that the City of Brentwood has updated language in the 2021-2024 and 2024-2027 MOUs that clearly identifies the City’s official list of recognized holidays that is compliant and reportable as special compensation to CalPERS pursuant to the Public Employees’ Retirement Law (PERL), Government Code, California Code of Regulations (CCR), and CalPERS regulations.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Exhibit A – BPOA Side Letter

4. Exhibit A – BPOA Side Letter (red-line)

Page 102 of 133 ends

On September 28, 2021, the City Council adopted Resolution 2021-125, approving and authorizing the City Manager to execute a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Police Officers’ Association for the period of July 1, 2021 through June 30, 2024.

On November 12, 2024, the City Council adopted Resolution 2024-122, approving and authorizing the City Manager to execute a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Police Officers’ Association for the period of July 1, 2024 through June 30, 2027.

Page 103 of 133 ends

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ADOPTING THE SIDE LETTER BETWEEN THE CITY
OF BRENTWOOD AND THE BRENTWOOD POLICE OFFICERS’

ASSOCIATION TO UPDATE THE HOLIDAY LANGUAGE IN THE
2021-2024 AND 2024-2027 MEMORANDA OF UNDERSTANDING
(MOUs) TO CLEARLY IDENTIFY THE CITY’S OFFICIAL LIST OF

RECOGNIZED HOLIDAYS
WHEREAS, on September 28, 2021, the City Council adopted Resolution 2021-125, approving and authorizing the City Manager to execute a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Police Officers’ Association for the period of July 1, 2021 through June 30, 2024; and WHEREAS, on November 12, 2024, the City Council adopted Resolution 2024- 122, approving the MOU between the City and the Brentwood Police Officers’ Association for the period of July 1, 2024 through June 30, 2027; and WHEREAS, CalPERS reviewed the Holiday pay language in the Brentwood Police Officers’ Association 2024-2027 MOU and provided notice that Holiday Pay was not reportable as special compensation as the MOU did not contain a clearly stated list of approved holidays in the provision; and
WHEREAS, representatives from the City of Brentwood and the Brentwood Police Officers’ Association reached an agreement through a Side Letter to clarify the Holiday pay language in the 2021-2024 and 2024-2027 Memoranda of Understanding; and
WHEREAS, it is necessary to update the Holiday language in the 2021-2024 and 2024-2027 MOUs to clearly identify the City of Brentwood’s official list of recognized holidays in order for holiday pay to be reportable as special compensation to CalPERS and included in future determinations of compensation earnable by CalPERS subject to CalPERS regulations and the Public Employees’ Retirement Law (“PERL”); and
WHEREAS, the Side Letter document attached hereto and incorporated herein as Exhibit A is entered into pursuant to the Meyers-Milias-Brown Act (California Government Code Sections 3500-3511), and has been jointly agreed upon and prepared by the aforementioned parties.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby adopt the Side Letter (Exhibit A attached hereto and incorporated herein).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of November 2025 by the following vote:

Page 104 of 133 ends

EXHIBIT A
BPOA Side Letter – Holidays 1

SIDE LETTER

BETWEEN THE CITY OF BRENTWOOD
AND
THE BRENTWOOD POLICE OFFICERS’ ASSOCIATION
The City of Brentwood (“City”) and the Brentwood Police Officers’ Association (“BPOA”), having met and conferred over the terms described herein, have mutually agreed to the following modifications to the 2021-2024 and 2024-2027 Memorandum of Understandings (“MOU”) between the City and Brentwood Police Officers’ Association.

SECTION IX LEAVE OF ABSENCE
Holidays

9.1 Employees shall receive credit for thirteen (13) holidays per year.

Holidays will be recognized by the City as follows:
1) January 1 (New Year’s Day)
2) Martin Luther King Jr.’s Birthday
3) Presidents’ Day
4) Memorial Day
5) June 19 (Juneteenth)
6) July 4 (Independence Day)
7) Labor Day
8) Veteran’s Day
9) Thanksgiving Day
10) The Friday following Thanksgiving Day
11) December 24
12) December 25
13) December 31
For holidays on or before December 31, 2024, the thirteen (13) holidays per year shall be computed on an eight point six two (8.62) hours of pay at the straight time rate consisting of a maximum of one hundred twelve (112) hours per year. Holiday compensation shall be based on the calendar year with the first fifty-six (56) hours of holiday time to be paid in one lump sum in a regular payroll check to employees during the second pay period in May, covering the time period of January 1, 2024 through June 30, 2024. The second fiftysix (56) hours of holiday time is to be paid in one lump sum in a regular payroll check to eligible employees during the second pay period in November, covering the period of July 1, 2024 through December 31, 2024.

New employees hired after the November 2024 lump sum payment and prior to the commencement of the semi-monthly payments beginning January 2025 will receive a prorated lump sum share(s) of paid holiday time payable in the second payroll of December 2024 to be calculated at the rate of 8.62 hours of straight time for each recognized holiday that falls between the hire date and December 31, 2024. A pro-rated lump sum share of holiday time will be deducted from an employee’s final check from the City to be calculated at the rate of 8.62 hours of straight time for each recognized holiday that falls between the separation date and December 31, 2024.

Page 105 of 133 ends

BPOA Side Letter – Holidays 2
Effective January 1, 2025, in lieu of paid time off for holidays, employees shall receive eight point six two (8.62) hours of pay at the straight time rate for each City recognized holiday, totaling 112 hours of holiday pay per year. Holiday pay shall be paid semi-monthly in conjunction with the City’s regular pay periods in an amount equal to 4.67 hours of straight-time pay.

FOR THE BRENTWOOD POLICE OFFICERS’ FOR THE CITY OF BRENTWOOD

ASSOCIATION
_____________________________ _____________________________ Aaron Peachman, BPOA President G. Harold Duffey, City Manager _____________________________
Michael Gibson, BPOA Vice President

Page 106 of 133 ends

EXHIBIT A
BPOA Side Letter – Holidays 1

SIDE LETTER

SECTION IX LEAVE OF ABSENCE
Holidays

9.1 Employees shall receive credit for fourteen thirteen (1413) holidays per year.

Holidays will be recognized by the City as follows:
1) January 1 (New Year’s Day)
2) Martin Luther King Jr.’s Birthday
3) Presidents’ Day
4) Memorial Day
5) June 19 (Juneteenth)
6) July 4 (Independence Day)
7) Labor Day
8) Veteran’s Day
9) Thanksgiving Day
10) The Friday following Thanksgiving Day
11) December 24
12) December 25
13) December 31
For holidays on or before December 31, 2024, tThe fourteen thirteen (134) holidays per year shall be computed on an eight point six two (8.62) (8) hours day of pay at the straight time rate consisting of a maximum of one hundred twelve (112) hours per year. Holiday compensation shall be based on the calendar year with the first fifty-six (56) hours of holiday time to be paid in one lump sum in a regular payroll check to employees during the second pay period in May, covering the time period of January 1, 2024 through June 30, 2024. The second fifty-six (56) hours of holiday time is to be paid in one lump sum in a regular payroll check to eligible employees during the second pay period in November, covering the period of July 1, 2024 through December 31, 2024.

New employees hired after the November 2024 lump sum payment and prior to the commencement of the semi-monthly payments beginning January 2025 will receive a prorated lump sum share(s) of paid holiday time payable in the second payroll of December 2024 to be calculated at the rate of 8.62 hours of straight time for each recognized holiday that falls between the hire date and December 31, 2024. A pro-rated lump sum share of holiday time will be deducted from an employee’s final check from the City to be calculated at the rate of 8.6215 hours of straight time for each recognized holiday that falls between

Page 107 of 133 ends

BPOA Side Letter – Holidays 2
the separation date and December 31, 2024. This paragraph will no longer be effective as of midnight on December 31, 2024.

Effective January 1, 2025, in lieu of paid time off for holidays, employees shall receive eight point six two (8.62) hours of pay at the straight time rate for each City observed recognized holiday, totaling 112 hours of holiday pay per year. Holiday pay shall be paid semi-monthly in conjunction with the City’s regular pay periods in an amount equal to 4.67 hours of straight-time pay per pay period.

In transitioning to the new process, the City shall provide a lump-sum payment of 56 hours of holiday pay during the second pay period in November 2024, covering the period of July 1, 2024 through December 31, 2024. New employees hired subsequent to the November 2024 lump sum payment and prior to the commencement of the semi-monthly payments beginning January 2025 shall receive a pro-rata lump sum payable in the second pay period in December.

FOR THE BRENTWOOD POLICE OFFICERS’ FOR THE CITY OF BRENTWOOD

ASSOCIATION
_____________________________ _____________________________ Aaron Peachman, BPOA President G. Harold Duffey, City Manager _____________________________
Michael Gibson, BPOA Vice President

Page 108 of 133 ends

CITY COUNCIL AGENDA ITEM NO. H.2
11/12/2025
SUBJECT: Adopt a Resolution approving the First Amendment to the June 11, 2024 City Attorney Employment Agreement between the City of Brentwood and Katherine Wisinski
DEPARTMENT: Human Resources
STAFF: Susannah Meyer, Mayor
Pa’tanisha Pierson, Vice Mayor
Sukari Beshears, Director of Human Resources/Risk Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving the First Amendment to the June 11, 2024 City Attorney Employment Agreement between the City of Brentwood and Katherine Wisinski.

The proposed action will ensure that the City has a current employment agreement between the City of Brentwood and Katherine Wisinski.

FISCAL IMPACT
The salary and benefit cost associated with the amended agreement for FY 2025/26 is $366,895, which is inclusive of the retroactive payment for the preceding fiscal year. Sufficient budget is available in the FY 2025/26 General Fund Operating Budget to accommodate this cost, due to vacancy savings in the City Attorney’s Office.

The ongoing annual cost of the amended employment agreement is $348,165. Of this amount, $250,000 is for ongoing salary. The incremental cost increase associated with the proposed contract amendment is $18,370. These amounts will be included in the draft 2026/27 – 2027/28 Operating Budget, which is scheduled for presentation to the City Council for consideration in June 2026.

BACKGROUND
The City’s interest is to be fair and equitable to employees and to maintain competitive salaries and benefits. The City will also continue to chart a fiscally sustainable path into the future for its employees, and the citizens it serves, by maintaining reserves and avoiding increases to unfunded obligations.

Page 109 of 133 ends

CITY COUNCIL AGENDA ITEM NO. H.2
11/12/2025
On October 28, 2025, the City Council met in closed session to consider the compensation of the City Attorney. City Council can make adjustments to the salary and benefits of the City Attorney. Based on the most recent review, the City Council directed staff to prepare the first amendment to the June 11, 2024 employment agreement. A copy of the amended employment agreement is attached for the Council’s consideration.

This first amendment to the employment agreement includes a pay change that provides management incentive pay retroactively to July 1, 2024. The additional pay is consistent with the management incentive pay that is provided to the Department Directors as outlined in the Compensation Summary for the City of Brentwood Unrepresented Executive and Senior Management Employees document. This staff report, resolution, and amended employment agreement have been reviewed and approved by outside legal counsel that specializes in employment law.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Continue item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Exhibit A – First Amendment to the June 11, 2024 City Attorney Employment Agreement

Page 110 of 133 ends

On June 11, 2024, the City Council adopted Resolution 2024-66 approving a City Attorney Employment Agreement between the City of Brentwood and Katherine Wisinski.

Page 111 of 133 ends

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE FIRST AMENDMENT TO THE CITY

ATTORNEY EMPLOYMENT AGREEMENT BETWEEN THE CITY OF

BRENTWOOD AND KATHERINE WISINSKI
WHEREAS, effective June 11, 2024, the City Council adopted Resolution 2024- 66 appointing Katherine Wisinski as city attorney; and
WHEREAS, the City Council met in closed session to consider the compensation of the City Attorney and directed staff to amend the June 11, 2024 employment agreement to include management incentive pay effective July 1, 2024; and
WHEREAS, the First Amendment to the June 11, 2024 City Attorney Employment Agreement is attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve to approve the First Amendment to the July 11, 2024 City Attorney Employment Agreement to include management incentive pay as outlined in the Compensation Summary for City of Brentwood Unrepresented Executive and Senior Management Employees document, effective July 1, 2024.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of November 2025 by the following vote:

Page 112 of 133 ends

FIRST AMENDMENT TO THE JUNE 11, 2024

CITY ATTORNEY EMPLOYMENT AGREEMENT
Between

CITY OF BRENTWOOD AND KATHERINE WISINSKI

1. PARTIES AND EFFECTIVE DATE
The parties to this First Amendment to the June 11, 2024 City Attorney Employment Agreement are the City of Brentwood ("City") and Katherine Wisinski ("Employee") and the effective date of this First Amendment to the June 11, 2024 City Attorney Employment Agreement ("First Amendment") shall be November 12, 2025.

2. PURPOSE
The parties have previously entered into a City Attorney Employment Agreement between the City of Brentwood and Katherine Wisinski ("Employment Agreement") effective as of June 11, 2024. The City and Employee hereby desire to amend the Employment Agreement as set forth below.

3. AMENDMENT
Section 6(C) of the Employment Agreement is hereby amended to read in its entirety as follows:

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

4. RETROACTIVE MANAGEMENT INCENTIVE PAY
The City hereby agrees to the payment of Management Incentive Pay to Employee on the same terms as set forth in the Compensation Summary for City of Brentwood Unrepresented Executive and Senior Management Employees retroactively to July 1, 2024.

5. FULL FORCE AND EFFECT
Except as specifically modified herein, all remaining terms and obligations set forth in the Employment Agreement between the City of Brentwood and Employee shall remain in full force and effect.

CITY OF BRENTWOOD:

Susannah Meyer, Mayor
EMPLOYEE:

Katherine Wisinski, City Attorney
Pa’tanisha Pierson, Vice Mayor

Page 113 of 133 ends

FIRST AMENDMENT TO CITY ATTORNEY

EMPLOYMENT AGREEMENT

Page 2 of 2 ends

Faye Maloney, Councilmember
Jovita Mendoza, Councilmember
Tony Oerlemans, Councilmember
ATTEST:

Amanda McVey, City Clerk
APPROVED AS TO FORM:

Tim Davis, Special Counsel for the
City of Brentwood

Page 114 of 133 ends

CITY OF BRENTWOOD

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

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

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

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

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

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

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

DocuSign Envelope ID: E0E89C39-3EA1-4EC3-A31E-F855F6D40526

Page 115 of 133 ends

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: E0E89C39-3EA1-4EC3-A31E-F855F6D40526

Page 116 of 133 ends

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: E0E89C39-3EA1-4EC3-A31E-F855F6D40526

Page 117 of 133 ends

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

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

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

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

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

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

DocuSign Envelope ID: E0E89C39-3EA1-4EC3-A31E-F855F6D40526

Page 118 of 133 ends

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

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

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

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

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

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

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

DocuSign Envelope ID: E0E89C39-3EA1-4EC3-A31E-F855F6D40526

Page 119 of 133 ends

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

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

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

EMPLOYER: EMPLOYEE:

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

Margaret Wimberly, City Clerk
Approved as to Form:
_______________
Timothy L. Davis, Special Counsel for City of Brentwood DocuSign Envelope ID: E0E89C39-3EA1-4EC3-A31E-F855F6D40526

Page 120 of 133 ends

CITY COUNCIL AGENDA ITEM NO. H.3
11/12/2025
SUBJECT: Consider a request from Vice Mayor Pierson and Council Member Maloney requesting to establish a Communication Policy
DEPARTMENT: City Manager’s Office
STAFF: Amanda McVey, City Clerk
Darin Gale, Assistant City Manager

TITLE/RECOMMENDATION
Consider and discuss the request from Vice Mayor Pierson and Council Member Maloney to establish a standardized communication process that ensures timely, accurate, and consistent notification to City Council Members regarding the cancellation or modification of scheduled meetings of any sort.

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

BACKGROUND
Pursuant to Rule 4.4 (a)(2) of the City Council 110-1, a request was made to the Interim City Manager Vice Mayor Pierson and Council Member Maloney on October 22, 2025. Per Rule 4.4, City Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

PREVIOUS ACTION
Not Applicable

ATTACHMENT(S)
None

Page 121 of 133 ends

CITY COUNCIL AGENDA ITEM NO. H.4
11/12/2025
SUBJECT: Consider a Request and staff report from Mayor Meyer and Council Member Mendoza for Allocation of Economic Development Grant Funds and staff time for a 2026 Winter Market
DEPARTMENT: City Manager’s Office
STAFF: Darin Gale, Assistant City Manager
Amanda McVey, City Clerk

TITLE/RECOMMENDATION
Request to prepare a report and recommendation for the allocation of current and future Economic Development Grant funds to support the creation and operation of a Winter Market in 2026.

The event would serve as an opportunity to promote local economic activity, attract visitors to the downtown area, and foster community engagement during the holiday season.

FISCAL IMPACT
To be determined by staff based on available and projected Economic Development Grant funds.

BACKGROUND
Pursuant to Rule 4.4 (a)(2) of the City Council 110-1, a request was made to the Interim City Manager by Mayor Meyer and Council Member Mendoza on October 25, 2025. Per Rule 4.4, City Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.

The City Councilmembers provided the following staff report requesting this future agenda item:

The City currently maintains an account with remaining Economic Development Grant funds that can be strategically used to support community-based economic initiatives. A Winter Market aligns with the City’s goals of enhancing local business visibility, supporting small enterprises, and creating family-friendly community events.

Page 122 of 133 ends

CITY COUNCIL AGENDA ITEM NO. H.4
11/12/2025
Proposed Features:

1. Uniform Market Sheds:
 Purchase and installation of uniform, high-quality sheds or kiosks for participating vendors to ensure a cohesive and professional appearance.

2. Expanded “Santa Spot”:
 Double the size of the vendor kiosk for Santa area to accommodate higher attendance and improve accessibility for families.

3. Community Stage:
 Stage area for local groups to perform music, dance, and public readings, highlighting local talent and diversity.

4. Planning Committee:
 Mayor Meyer and Council Member Mendoza request to serve on the Winter Market Planning Committee, working in collaboration with City staff, (Park & Rec and Economic Development), and community partners to guide event planning and implementation.

Requested Action:

That the City Council direct staff to:

1. Develop a proposal for funding, planning, and implementing a Winter Market during November and December 2026 using current and future Economic Development Grant funds.

2. Establish a Winter Market Planning Committee including the Mayor, Council Member Mendoza, and designated City staff.

3. Include local businesses and business organizations in the process of recruiting and selecting market vendors.

4. Develop a marketing and outreach plan designed to drive regional tourism from the Bay Area.

5. Return to the Council with a proposed budget, timeline, and partnership plan for approval.

ATTACHMENT(S)

1. Exhibit A: Winter Market Concept Images

Page 123 of 133 ends

EXHIBIT A

Page 124 of 133 ends

CITY COUNCIL AGENDA ITEM NO. H.5
11/12/2025
SUBJECT: City Council Committees and Committee Assignments DEPARTMENT: City Manager’s Office
STAFF: Amanda McVey, City Clerk
Darin Gale, Assistant City Manager

TITLE/RECOMMENDATION
Staff recommends that the City Council 1) review the City Council committees, assignments and descriptions, and approve, by motion, the committees, schedules, appointments and descriptions of currently established committees; and 2) review proposed new and amended committees, including the formation of a Social Nuisance Ordinance Development Committee, and approve, by motion, the committees, appointments and descriptions.

FISCAL IMPACT
Social Nuisance Ordinance Development Committee (Ad-Hoc): Depending on the scope and meeting frequency of the potential committee, staff time could be approximately 30-40 hours per month in working with the committee and with stakeholders preparing for funding requests related to the effort. If staff is directed to move forward with consultant or outside legal assistance, staff will return to City Council for their approval of any necessary General Fund budget adjustments.

BACKGROUND
Each year, the City Council reviews the committees and committee assignments, as well as those of regional bodies, and makes appointments as necessary for the upcoming year.

The draft list of City Council assignments includes standing Council committees, ad hoc committees, appointments to other regional bodies, and citizen appointments to other agencies. Staff recommends that the Council review the draft list of City Council committees, assignments (local and regional), as well as the committee descriptions below, and make revisions and appointments as needed.

The City Council forms committees to work on specific issues. They may be one of two types:

Page 125 of 133 ends

CITY COUNCIL AGENDA ITEM NO. H.5
11/12/2025
Ad-Hoc, or temporary, committees: These are used to tackle a single topic in the short-term. They are not subject to the Brown Act if they are (a) constituted of only members of the legislative body that forms it, (b) comprised of less than a quorum of that body, (c) created to address a limited or single purpose within a limited duration, (d) not vested with continuing subject matter jurisdiction over an issue or area, and (e) not subject to a meeting schedule set by formal action of the legislative body.

Standing committees: Standing committees serve as advisory bodies to the City Council, making recommendations for Council consideration and approval. These are used to do ongoing work on an issue or multiple issues. Standing committees operate according to the same rules as City Council and commission meetings when it comes to the Brown Act. This means agendas are posted in advance, thereby providing meeting notice to the public, and with the public being able to attend the meetings and comment on agenda items. Consistent with prior Council direction, standing committee meetings would be held in the Council Chambers and broadcast via Zoom.

As part of this item and with Council direction, the start times for each regularly scheduled committee meeting may be modified.

Standing Committees:

Age and Disabilities Friendly Communities: This committee will examine goals and implementation of funding opportunities focused on improving the quality of life and safety for older adults and adults with disabilities.

The committee is staffed from the Parks and Recreation Department. When agenda items are scheduled, this committee meets quarterly as needed on the second Monday of February, May and August. Current start time: 5:30 p.m.

Agriculture Enterprise Committee: This committee reviews policies, projects, and programs directly related to agricultural enterprise within the City and along the City’s boundaries in the County’s Agricultural Core. The scope of this committee is broadly defined to include development of policies and procedures relating to the implementation of the City’s agricultural preservation and agri-tourism programs, consider City funded agri-business programs and projects funded by Agricultural Mitigation Fees.

The committee is staffed primarily from the Economic Development Division in the City Manager's Office, and the Community Development Department. When agenda

Page 126 of 133 ends

CITY COUNCIL AGENDA ITEM NO. H.5
11/12/2025
items are scheduled, this committee meets quarterly as needed on the first Monday of March, June, September and December. Current start time: 5:00 p.m.

Diversity, Equity, Belonging and Inclusion Committee: This committee will create and develop a racial equity plan, an anti-racism and anti-hate crime policy, and provide annual Juneteenth celebration oversight, opportunities for community engagement and policy advisement, and metrics and accountability to measure goals for City Council consideration.

The committee is staffed by the Human Resources Department. When agenda items are scheduled, this committee meets every other month as needed on the third Tuesday, beginning February 2026. Current start time: 5:00 p.m.

Land Use and Development Committee: This committee reviews items relating to major land use, community development, economic development, and housing policy topics, as well as citywide areas of interest, including but not limited to: general plan, zoning, permit processing, strategic initiatives, ordinances, economic development projects and programs, affordable housing projects and programs, and other major matters or projects that could affect Council policy, or result in a significant expenditure of City staff or financial resources. This committee includes the Chair of the Planning Commission, who serves in an advisory, non-voting role.

The committee is assisted by staff primarily from the Community Development Department and Economic Development Division of the City Manager's Office. When agenda items are scheduled, this committee meets on the third Monday of each month; should the regular meeting day fall on a City holiday, the meeting will be held on the following Monday. Current start time: 5:30 p.m.

Municipal Code Review Committee: This committee reviews the City’s municipal code, and makes recommendations for council consideration.

This committee is staffed primarily from the City Manager’s Office. This committee meets bi-annually with special meetings as needed on the 2nd Wednesday in July and January. Current start time: 5:30 p.m.

Page 127 of 133 ends

CITY COUNCIL AGENDA ITEM NO. H.5
11/12/2025
Proposed New/Amended Committees
NEW - Social Nuisance Ordinance Development Committee (Ad-Hoc): This committee will evaluate the City’s current nuisance-related ordinances and enforcement practices, identify gaps, and recommend updates or new regulations to implement the Council’s desired enforcement approach. The Committee will return to the City Council with recommended actions such as targeted amendments to existing code and/or a proposed Social Nuisance Ordinance. This ad-hoc committee will be dissolved dissolve upon Council acceptance of its final recommendations. 2026 Commissions Interview Committee (Ad-Hoc): This committee will evaluate all commission applicants and will provide a brief written report and recommendation to the Mayor for appointment consideration with the City Council. This ad-hoc committee will be dissolved on December 31, 2026.

Budget and Debt Management Committee (Ad-Hoc): The committee will discuss the development of the 2026/27-2027/28 Operating Budget and 2026/27 – 2030/31 CIP Budget; mid-year updates to the 2025/26 Operating Budget; and debt management, including any bond issuances and strategies to address unfunded obligations. This ad-hoc committee will be dissolved on December 31, 2026.

Charter City Committee (Ad-Hoc): This committee will examine the pros/cons and feasibility of a charter city, preparing information for Council consideration of a future ballot measure. As part of the upcoming strategic planning session, financial resources will need to be allocated to support the committee’s work. This ad-hoc committee will be dissolved upon Council acceptance of its final recommendations or by September 1, 2027.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

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

Page 128 of 133 ends

CITY COUNCIL AGENDA ITEM NO. H.5
11/12/2025

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation, and no committees be amended nor will any new committees be formed.

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

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

ATTACHMENT(S)

1. Previous Action

2. Draft City Council Committee Assignments

3. Sample Month Calendar of Chamber Usage and Regional Meetings

Page 129 of 133 ends

On February 25, 2025, the City Council, by motion, authorized staff to spend time and resources drafting a Social Nuisance ordinance, which will include a list of specifications for the Council to discuss and consider.

Page 130 of 133 ends

DRAFT

DRAFT CITY COUNCIL COMMITTEES - LOCAL AND REGIONAL
City Council Committees
Committee Type Meeting Schedule Appointments
Age and Disabilities Friendly Communities Standing 2
nd Monday at 5:30pm Feb/May/Aug Meyer/Pierson
Agriculture Enterprise Standing 1
st Monday of March, June, September and December at
5:00 p.m.

Meyer/ Maloney
Diversity, Equity, Belonging and Inclusion Standing 3
rd Tuesday at 5:00pm every other month beginning Feb Pierson/ Maloney Land Use and Development Standing 3
rd Monday of each Month at 5:30 p.m. Pierson/Mendoza
Municipal Code Review Committee Standing 2
nd Wednesday in January and July at 5:30 p.m. Pierson/Oerlemans 2026 Commissions Interview Committee Ad-Hoc As Needed Meyer/Maloney Charter City Committee Ad-Hoc As Needed Mendoza/Maloney Budget and Debt Management Ad-Hoc As Needed Mendoza/Oerlemans *Social Nuisance Ordinance Development Committee Ad-Hoc As Needed

Regional Bodies and Other Local Appointments
Agency Type Meeting Schedule Appointments
Association of Bay Area
Governments
Planning Agency Meetings are posted on their website
https://abag.ca.gov/meetings
County Appointment/No current
Brentwood appointee
Airport Land Use Committee Not appointed by the City. This is a Mayors’ Conference appointment.
3 rd Thursday of each month, 7:00 p.m. at 30 Muir
Road, Zoning Administrator
No current Brentwood appointee
California Association of Councils
of Government
CCTA Appointment. Regional/Statewide
Planning Agency
Events are posted at https://calcog.org No current Brentwood appointee *Contra Costa Mayors Conference Mayors from Contra Costa County 1 st Thursday of each month at 6:30 pm Meyer
Alt. Pierson
Contra Costa Transportation
Authority
Not appointed by the City. This is a
Transplan appointment.
3rd Wednesday of the month at 6:00 PM. No current Brentwood appointee *Delta Six Mayors/CMs from East County Quarterly Meyer
ECCC Habitat Conservancy Board This board administers the JPA for state and federal permits
Meetings are established annually and posted
on their website at:
https://www.cocohcp.org/agendacenter
Oerlemans
Alt. Meyer

Page 131 of 133 ends

Agency Type Meeting Schedule Appointments
East County Water Management
Association
Eleven agency regional
partnership working on water
management issues
Meet approximately twice a year.

Meetings are posted on their website at:
https://www.ecccirwm.org/ecwma-meetings
Oerlemans
Enhanced Infrastructure Financing
Districts (EIFDs)
Public Financing Authority for the
Innovation Center and Brentwood-Blvd
Vacant
Green Empowerment Zone California State Assembly passed AB 844 (Grayson), which established the
Green Empowerment Zone (GEZ).
3 rd Fridays every other month at 9:30 a.m. Pierson
Alt. Darin Gale
John Marsh Historic Trust, City
Council Liaison
Support ongoing funding and historical
renovation efforts
Information is posted on their website at:
https://www.johnmarshhouse.com
Oerlemans
Alt. Mendoza
League of California Cities (East
Bay Division)
Regional monthly meetings Meetings are posted on their website at:
https://www.calcities.org/getinvolved/regional-divisions/east-bay-division Maloney
Alt. Mendoza
Police Activities League, City
Council Liaison
Fundraising Board for Police
Activities League programs
1 st Monday of each month Oerlemans
Atl. Pierson
School Interagency City, BUSD, LUSD, and LMC
meetings regarding education
Quarterly meetings – January, May, and
September
Pierson/Maloney
Transplan, BART, State Route 4,
and ECCRFFA
Transportation Related Matters to
coordinate transportation interest in
the region
2 nd Thursday of each month at 6:30 p.m. Meyer
Alt. Oerlemans
Tri-Delta Transit Board Board includes two representatives from each of the four cities served by
Tri-Delta, two members from the
County, and one at-large member
4 th Wednesday of each month at 4:00 p.m. Meyer /Oerlemans **Signifies a Mayoral appointment

Page 132 of 133 ends

Sample Month Council Chamber Usage/
Regional Off-Site Meetings
Sunday Monday Tuesday Wednesday Thursday Friday S
at
ur
d
ay
Ag Enterprise Committee
(Mar/Jun/Sep/Dec) @ 5:00 pm
Police Activity League
1 st Mon @ 6:00 pm
Planning Commission
1 st and 3rd Tue @ 7:00 pm
Youth Commission
1 st Wed @ 7:00 pm
Mayor’s Conference
(1st Thur) @ 6:30 pm
(Not in Chambers)
Age and Disabilities Friendly
Communities Committee
2 nd Mon of February, May and
August @5:30 pm
City Council
2 nd and 4th Tue @ 7:00 pm
Municipal Code Review
Committee
2 nd Wed in Jan/Jul
Land Use & Development
Committee
3 rd or 4th Mon if holiday @
5:30 pm
DEBI Committee
3 rd Tue @ 5:00 pm
Planning Commission
1 st and 3rd Tue @ 7:00 PM
Arts Commission
3 rd Wed @ 7:00 pm
City Council
2 nd and 4th Tue @ 7:00 pm
CCTA Board
3 rd Wed 6:00 pm
(Not in Chambers)
Tri Delta Transit
4 th Wed 4:00 pm
(Not in Chambers)
Park & Rec Commission
(4th Thur) @ 7:00 pm
Not including ad-hoc committees and some regional meetings, etc.

Page 133 of 133 ends

Brentwood City CouncilNovember 12, 2025

Brentwood City Council
November 12, 2025