Agenda packet — Brentwood City Council, December 9, 2025 (part 2 of 5)

9 Introduction
Wastewater Development Impact Fee – To provide for the expansion of collection and treatment capacities in the wastewater utility and expansion of non-potable water facilities as specified in the City’s Sewer Master Plan (2017), the Recycled Water Feasibility Study (2013) and DIF Program.

Community Facilities Development Impact Fee – To provide for the expansion, design and construction of capital facilities that attain the Community Services and Facilities goals of the City’s General Plan as specified in the City’s CIP and DIF Program.

Fire Development Impact Fee – On July 1, 2022 East Contra Costa Fire Protection District (ECCFPD) merged with Contra Costa County Fire Protection District (ConFire). Prior to the merger the City collected Fire DIFs. All Fire DIF funds and assets were transferred to ECCFPD prior to the merger, and the City ceased collecting the Fire DIF.

Although the City has a Fire DIF in effect, pursuant to City Council Resolution 2020-101, payment of the ConFire DIF will provide a credit against the City’s Fire DIF for each residential unit or non-residential building. If the City’s Fire DIF for a particular development is higher than the amount of the ConFire DIF, payment of the ConFire DIF shall be deemed to fully satisfy payment of the City’s Fire DIF. As such, the City has not collected any Fire DIF funds subsequent to the merger, and does not expect to collect Fire DIF fees in the future.

The purpose of the Fire DIF is to provide necessary funding for fire facilities required to serve new development in the City through build-out as defined by the General Plan. The transfer of Fire DIF funds to ConFire will continue to support this purpose.

CURRENT FEE SCHEDULE – The DIF Program is reviewed annually in conjunction with the development of the CIP to ensure the DIF Program is accounting for all planned future development. The updated DIF Program information is then used to determine the amount of fees available for the funding of the proposed CIP projects.

Fee Category Single-Family Multi-Family Commercial Office Industrial/
Institutional
Administration $866.16 $508.35 $0.4675 $0.6138 $0.3667
Community Facilities $853.73 $501.05 $0.0121 $0.0159 $0.0095 Parks and Trails $12,997.98 $9,606.81 - - -
Roadways $14,479.21 $8,977.11 $5.3953 $6.4722 $3.9963
Wastewater $7,842.91 $5,796.69 $1.7829 $2.1070 $1.4632
Water $16,192.60 $6,642.12 $1.6676 $2.0524 $1.4253
Total Fees $53,232.59 $32,032.13 $9.33 $11.26 $7.26
(1) Fees updated July 1, 2025, pursuant to City Council Resolution No. 2021-20 DEVELOPMENT FEE PROGRAM (1)
General Plan Build Out
RESIDENTIAL per Unit NON-RESIDENTIAL per Building SF

SCHEDULE OF FEES

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DEVELOPMENT

IMPACT FEE REPORT

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11 Development Impact Fee Report

Parks and Community
Description Water Roadway Trails Wastewater Facilities Fire

REVENUES
Fees $ 1,972,585 $ 1,978,652 $ 967,657 $ 894,356 $ 46,441 $ - Interest 433,460 682,412 365,485 622,923 - -
Other Revenues - 36,112 (1) 641 (1) - - -
Total Revenues 2,406,045 2,697,176 1,333,783 1,517,279 46,441 -

EXPENDITURES
Expenditures 1,937,217 5,992,863 3,079,231 4,205,250 167,450 - Total Expenditures 1,937,217 5,992,863 3,079,231 4,205,250 167,450 -

REVENUES OVER (UNDER)
EXPENDITURES 468,828 (3,295,687) (1,745,448) (2,687,971) (121,009) - Fund Balance, Beginning of Year (1,332,246) 4,856,258 (1,243,717) (34,009,981) (135,546) - Fund Balance, End of Year $ (863,418) (2) $ 1,560,571 $ (2,989,165) (3) $ (36,697,952) (4) $ (256,555) (3) $ - (5) Notes:
(1)
(2)
(3)
(4)
(5)
Financial Summary Report
Statement of Revenues, Expenditures and Changes in Fund Balance For the Year Ended June 30, 2025
During FY 2021/22, all funds were transferred to ECCFPD.

Development Impact Fees
Other revenues include transfers in associated with CIP project funding timing changes, the closure of CIP projects and developer contributions for fair share improvements.

The Water DIF Fund reports a negative fund balance as a result of bonds payable associated with the Surface Water Treatment Facility. The amount payable as of June 30, 2025 is $7,967,750. The fund balance includes the balance owed on the debt and annual debt payments will continue through 2038. This fund has a positive cash and investments balance at June 30, 2025 of $6,727,316.

The Wastewater DIF Fund reports a negative fund balance as a result of notes payable associated with the Recylced Water Projects and WWTP Expansion - Phase II SRF loans. The amount payable as of June 30, 2025 is $43,552,798. The fund balance includes the balance owed on the debt. This fund has a positive cash and investments balance at June 30, 2025 of $4,582,919.

The Parks and Trails DIF Fund and Community Facilities DIF Fund report a negative fund balance due to timing issues which are expected to be corrected over the next few years as development occurs. CIP projects have been funded in advance on the basis of fees being collected in ensuing years. This type of fiscal management is mandatory to support the infrastructure needed to accommodate the planned development.

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12 Development Impact Fee Report
Description FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25

REVENUES
Fees $ 3,043,640 $ 4,629,160 $ 379,269 $ 1,752,223 $ 1,972,585 Interest 12,734 (350,630) 85,025 395,593 433,460
Other Revenues 148,095 (1) - 333,312 (1) 3,502,800 (1) - Total Revenues 3,204,469 4,278,530 797,606 5,650,616 2,406,045

EXPENDITURES
Expenditures 1,150,755 4,537,950 2,324,512 1,607,248 1,937,217 Total Expenditures 1,150,755 4,537,950 2,324,512 1,607,248 1,937,217

REVENUES OVER (UNDER)
EXPENDITURES 2,053,714 (259,420) (1,526,906) 4,043,368 468,828 Fund Balance, Beginning of Year (5,643,002) (3,589,288) (3,848,708) (5,375,614) (1,332,246) Fund Balance, End of Year $ (3,589,288) (2) $ (3,848,708) (2) $ (5,375,614) (2) $ (1,332,246) (2) $ (863,418) (2) Revenue Available:

Current Fiscal Year $ - $ - $ - $ - $ -
Prior Fiscal Year (2-yr Old Funds) - - - - -
Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Prior Fiscal Years - - - - -
Total Revenue Available $ - $ - $ - $ - $ -
Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
(3)
Water Development Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Five-Year Revenue Test Using First In First Out Method (3) Other revenues include transfers in associated with the closure of CIP projects and changes in timing of CIP projects.

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

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13 Development Impact Fee Report
Description FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25

REVENUES
Fees $ 4,922,012 $ 5,280,440 $ 815,297 $ 193,154 $ 1,978,652 Interest 38,978 (845,403) 204,044 745,467 682,412
Other Revenues 1,589,907 (1) 238,771 (1) 47,490 (1) 7,323 (1) 36,112 (1) Total Revenues 6,550,897 4,673,808 1,066,831 945,944 2,697,176

EXPENDITURES
Expenditures 983,662 4,490,215 1,066,213 10,104,945 5,992,863 Total Expenditures 983,662 4,490,215 1,066,213 10,104,945 5,992,863

REVENUES OVER (UNDER)
EXPENDITURES 5,567,235 183,593 618 (9,159,001) (3,295,687) Fund Balance, Beginning of Year 8,263,813 13,831,048 14,014,641 14,015,259 4,856,258 Fund Balance, End of Year $ 13,831,048 $ 14,014,641 $ 14,015,259 $ 4,856,258 $ 1,560,571 Revenue Available:

Current Fiscal Year $ 6,550,897 $ 4,673,808 $ 1,066,831 $ 945,944 $ 1,560,571 Prior Fiscal Year (2-yr Old Funds) 4,040,109 6,550,897 4,673,808 1,066,831 - Prior Fiscal Year (3-yr Old Funds) 3,240,042 2,789,936 6,550,897 2,843,483 - Prior Fiscal Year (4-yr Old Funds) - - 1,723,723 - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Prior Fiscal Years - - - - -
Total Revenue Available $ 13,831,048 $ 14,014,641 $ 14,015,259 $ 4,856,258 $ 1,560,571 Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
Roadway Development Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Five-Year Revenue Test Using First In First Out Method (2) Other revenues include developer contributions for fair share improvements and transfers in associated with the closure of CIP projects.

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14 Development Impact Fee Report
Description FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25

REVENUES
Fees $ 1,907,548 $ 6,129,879 $ 771,948 $ 417,928 $ 967,657 Interest 3,612 (191,090) 57,655 314,821 365,485
Other Revenues 8,203 (1) 217,676 (1) 327 (1) 4,066 (1) 641 (1) Total Revenues 1,919,363 6,156,465 829,930 736,815 1,333,783

EXPENDITURES
Expenditures 1,198,890 1,528,014 7,040,831 2,648,452 3,079,231 Total Expenditures 1,198,890 1,528,014 7,040,831 2,648,452 3,079,231

REVENUES OVER (UNDER)
EXPENDITURES 720,473 4,628,451 (6,210,901) (1,911,637) (1,745,448) Fund Balance, Beginning of Year 1,529,897 2,250,370 6,878,821 667,920 (1,243,717) Fund Balance, End of Year $ 2,250,370 $ 6,878,821 $ 667,920 $ (1,243,717) (2) $ (2,989,165) (2) Revenue Available:

Current Fiscal Year $ 1,919,363 $ 6,156,465 $ 667,920 $ - $ - Prior Fiscal Year (2-yr Old Funds) 331,007 722,356 - - - Prior Fiscal Year (3-yr Old Funds) - - - - -
Prior Fiscal Year (4-yr Old Funds) - - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Prior Fiscal Years - - - - -
Total Revenue Available $ 2,250,370 $ 6,878,821 $ 667,920 $ - $ - Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
(3)
Parks and Trails Development Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
The Parks and Trails DIF Fund reports a negative fund balance due to timing issues which are expected to be corrected over the next few years as development occurs. CIP projects have been funded in advance on the basis of fees being collected in ensuing years.

This type of fiscal management is mandatory to support the infrastructure needed to accommodate the planned development.

Other revenues include transfers in associated with the closure of CIP projects.

Five-Year Revenue Test Using First In First Out Method (3)

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15 Development Impact Fee Report
Description FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25

REVENUES
Fees $ 3,479,374 $ 2,839,669 $ 270,851 $ 78,072 $ 894,356 Interest 31,101 (449,605) 133,394 604,615 622,923
Other Revenues 2,675,904 (1) - 193 (1) - -
Total Revenues 6,186,379 2,390,064 404,438 682,687 1,517,279

EXPENDITURES
Expenditures 298,546 16,941,564 24,253,156 8,158,628 4,205,250 Total Expenditures 298,546 16,941,564 24,253,156 8,158,628 4,205,250

REVENUES OVER (UNDER)
EXPENDITURES 5,887,833 (14,551,500) (23,848,718) (7,475,941) (2,687,971) Fund Balance, Beginning of Year 5,978,345 11,866,178 (2,685,322) (26,534,040) (34,009,981) Fund Balance, End of Year $ 11,866,178 $ (2,685,322) (2) $ (26,534,040) (2) $ (34,009,981) (2) $ (36,697,952) (2) Revenue Available:

Current Fiscal Year $ 6,186,379 $ - $ - $ - $ -
Prior Fiscal Year (2-yr Old Funds) 2,199,156 - - - -
Prior Fiscal Year (3-yr Old Funds) 2,167,967 - - - -
Prior Fiscal Year (4-yr Old Funds) 1,312,676 - - - -
Prior Fiscal Year (5-yr Old Funds) - - - - -
In Excess of Five Prior Fiscal Years - - - - -
Total Revenue Available $ 11,866,178 $ - $ - $ - $ -
Result: Five-Year Revenue test met in accordance with Government Code 66001 (d).

Notes:
(1)
(2)
(3) In using the revenue and expenditure reports to report fees that have been held past the fifth year of first deposit, the total revenues received over the five-year period must be subtracted from the ending fund balance. Any fund balance in excess of the prior five years' revenue must have findings reported in accordance with Government Code 66001 (d). See pages 6 to 7.

Five-Year Revenue Test Using First In First Out Method (3) Wastewater Development Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Other revenues include transfers in associated with the closure of CIP projects. FY 2020/21 includes $2,660,640 in SRF loan forgiveness for the WWTP Expansion - Phase II project.

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16 Development Impact Fee Report
Description FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25

REVENUES
Fees $ 418,454 $ 354,203 $ 62,258 $ 41,696 $ 46,441
Interest 520 (6,432) 878 - -
Other Revenues - - 145,775 (1) - -
Total Revenues 418,974 347,771 208,911 41,696 46,441

EXPENDITURES
Expenditures 208,180 170,830 170,497 169,183 167,450
Total Expenditures 208,180 170,830 170,497 169,183 167,450

REVENUES OVER (UNDER)
EXPENDITURES 210,794 176,941 38,414 (127,487) (121,009) Fund Balance, Beginning of Year (434,208) (223,414) (46,473) (8,059) (135,546) Fund Balance, End of Year $ (223,414) (2) $ (46,473) (2) $ (8,059) (2) $ (135,546) (2) $ (256,555) (2) Revenue Available:

Five-Year Revenue Test Using First In First Out Method (3) Community Facilities Development Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Other revenues include transfers in associated with the closure of CIP projects.

The Community Facilities DIF Fund reports a negative fund balance due to timing issues which are expected to be corrected over the next few years as development occurs. CIP projects have been funded in advance on the basis of fees being collected in ensuing years. This type of fiscal management is mandatory to support the infrastructure needed to accommodate the planned development.

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17 Development Impact Fee Report
Description FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25

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

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

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

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

Notes:
(1)
(2)
(3)
(4)
The Fire DIF Fund reports funds being held past the fifth year of first deposit.

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

Five-Year Revenue Test Using First In First Out Method (2) Fire Development Impact Fee Fund
Statement of Revenues, Expenditures and Changes in Fund Balance Last Five Fiscal Years
Other revenues include transfers associated with the closure of a CIP project.

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NOTES TO THE

DEVELOPMENT

IMPACT FEE REPORT

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

NOTE # 1 – BONDS
A. WATER REVENUE REFUNDING BONDS SERIES 2014
On December 4, 2014, the Authority issued $42,810,000 in Water Revenue Refunding Bonds Series 2014 (“2014 Water Bonds”) to 1) refund a portion of the Authority’s Water Revenue Bonds Series 2008 and 2) pay costs of issuance incurred in connection with the issuance, sale and delivery of the 2014 Water Bonds. On October 2, 2024, the Authority issued Water Revenue Refunding Bonds Series 2024 (see below) which refunded and defeased the outstanding 2014 Water Bonds maturing after July 1, 2024 in the aggregate principal amount of $30,325,000. The 2014 Water Bonds were called on January 13, 2025.

Water Revenue Refunding Bonds Series 2024
On October 2, 2024, the Authority issued $26,855,000 in Water Revenue Refunding Bonds Series 2024 (“2024 Water Bonds”) to 1) refund all of the Authority’s outstanding Water Revenue Refunding Bonds Series 2014 and 2) pay costs of issuance incurred in connection with the issuance, sale and delivery of the 2024 Water Bonds. The refunding reduced the total debt service payments over 14 years by $4,185,085 and resulted in an economic gain (difference between the present values of the debt service payments on the old and new debt) of $3,546,868. Total annual debt service payments, including interest at a rate of 5%, range from $2,546,250 to $3,221,115. If an event of default occurs, as defined in the indenture of trust, the bond trustee, or not less than a majority of owners of the bonds outstanding at that time, are entitled to declare the principal and accrued interest for all bonds outstanding to be due and payable immediately.

During FY 2024/25, the Water DIF Fund paid $674,194 in principal and interest payments on the obligation. Future payment obligations for the 2024 Water Bonds are as follows:

Year Ending
June 30 Principal Interest Total
2026 $ 612,904 $ 61,290 $ 674,194
2027 612,904 61,290 674,194
2028 612,904 61,290 674,194
2029 612,904 61,290 674,194
2030 612,904 61,290 674,194
2031-2035 3,064,519 306,451 3,370,970
2036-2038 1,838,712 183,870 2,022,582
Total $ 7,967,751 $ 796,771 $ 8,764,522

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20 Notes to the Development Impact Fee Report
The Authority has pledged future, water customer revenues, net of specified operating expenses, through 2038 to repay the 2024 Water Bonds.

B. CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS SERIES 2021 A & B (ROADWAY) On January 11, 2012, the Authority issued $24,060,000 in Brentwood Capital Improvement Revenue Refunding Bonds, Series 2012. A portion of the original bond issuance, $5,940,000, is attributable to the refinance of the 1996 Roadway Bonds. Proceeds from the 1996 bonds were used to fund a portion of Balfour Road; Oak Street; O’Hara Avenue; Sand Creek Road; Lone Tree Way; Griffith Lane; the Walnut Boulevard extension and the Sand Creek Road extension. Total future annual debt service payments to be paid by the Roadway DIF Fund, including interest at 5.00% to 5.375%, range from $404,125 to $404,875. During FY 2024/25, the Roadway DIF Fund paid $407,500 in principal and interest payments on the obligation. Future payments for these bonds are as follows:

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

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

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

Certain terms of the agreement were amended in September 2018, under which the City was to start construction no later than June 25, 2018, and amended again in March 2021, under which the construction was to be completed by June 30, 2022 and final disbursement request completed by December 30, 2022. Construction on the project began December 2017 and final disbursements were Year Ending
June 30 Principal Interest Total
2026 $ 375,000 $ 29,125 $ 404,125
2027 395,000 9,875 404,875
Total $ 770,000 $ 39,000 $ 809,000

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21 Notes to the Development Impact Fee Report
received during FY 2022/23. The loan bears annual interest of 1.0%, which begins accruing with each financing disbursement. During FY 2022/23 accrued construction period interest, in the amount of $235,434, was recorded as principal, resulting in total principal due to the State of $14,831,934. As of June 30, 2025, the City’s gross repayment obligation was $13,524,970. The Wastewater DIF Fund is responsible for 50% of principal and interest payments. During FY 2024/25, the Wastewater DIF Fund’s principal and interest paid on this loan was $287,037. Future payment obligations for this loan are as follows:

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

Certain terms of the agreement were amended in April 2021 and in November 2024, under which the City was to have construction completed by December 31, 2025. The loan bears annual interest of

1.3%, which begins accruing with each financing disbursement. Beginning one year after completion of construction, repayment of the loan principal plus interest will be made annually according to the final payment schedule provided by the state.

As of June 30, 2025, the City has incurred $55,654,611 of eligible project costs and financing disbursement requests have been submitted to the State. Through June 30, 2025 accrued construction period interest, in the amount of $1,520,683, was recorded as principal, resulting in total principal due to the State of $57,175,294. Of this amount, $3,856,000 was allocated by the State as loan forgiveness in FY 2020/21, and the net amount of the note payable is $53,319,294. The Wastewater DIF will be responsible for 69% of the total loan repayment costs. Additionally, the Wastewater DIF is allocated 69% of the loan forgiveness.

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

Under this program, the City deferred a portion of the DIFs on a single family home for an officer who Year Ending
June 30 Principal Interest Total
2026 $ 219,412 $ 67,625 $ 287,037
2027 221,607 65,431 287,038
2028 223,823 63,215 287,038
2029 226,061 60,976 287,037
2030 228,321 58,716 287,037
2031-2035 1,176,316 258,871 1,435,187
2036-2040 1,236,319 198,866 1,435,185
2041-2045 1,299,384 135,802 1,435,186
2046-2050 1,365,666 69,520 1,435,186
2051-2052 565,576 8,498 574,074
Total $ 6,762,485 $ 987,520 $ 7,750,005

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22 Notes to the Development Impact Fee Report
purchased a new home in the City of Brentwood. The DIF Funds receive payment for these deferred development fees at a rate of 5% of the original deferral amount per year over 20 years. The General Fund is obligated to make the annual 5% payments unless the officer’s employment with the City is terminated prior to full repayment of the deferred DIFs, at which time the remaining balance is immediately due and payable by the officer. The program is now closed to new applicants and will terminate once all of the existing loans have been paid. As of June 30, 2025, the gross repayment obligation to the Water DIF Fund totaled $3,185. During FY 2024/25, the Water DIF Fund received $1,425 in payments on deferred fees.

B. COMMERCIAL, OFFICE & INDUSTRIAL
In 2000, the City enacted a Deferred Fee Payment Program for development fees associated with commercial, office and industrial development. This program allows for the deferral of a portion of the Water, Roadway, Wastewater, and Community Facility DIFs. Highlights of the plan include payment of 10% of development fees at permit issuance with the remaining balance, including administrative and interest charges set at 4%, collected as a special assessment on the developer’s property tax bill. In 2009, the program’s repayment schedule was changed from ten years to five years. As of June 30, 2025, there is one developer with an outstanding agreement.

NOTE # 4 – DEVELOPMENT REIMBURSEMENTS
A. DEVELOPMENT REIMBURSEMENTS
The Subdivision Map Act requires the City enter into a reimbursement agreement when a developer constructs excess improvements. Per the reimbursement agreement, the City shall reduce the DIFs collected from the developer, in the form of DIF credits, for the costs associated with the design, financing, construction and installation of the excess improvements. The value of credits does not increase for inflation nor do they accrue interest. As of June 30, 2025 the total value of credits was $618,208, after a total of $614,770 was used as credits during FY 2024/25. Any unused credits from one development project may be transferred by a developer to another project located elsewhere in the City. Occasionally, credits exceed the fees attributable to the development and another development project is not available to which the excess credits can be transferred to. In these limited situations, the Balance Balance
Receivable Fund June 30, 2024 Payoffs June 30, 2025
Water Development Impact Fee $ 4,610 $ (1,425) $ 3,185
Total $ 4,610 $ (1,425) $ 3,185
Principal
Developer Receivable Fund Outstanding
Rodda Electric Water DIF $ 6,486
Rodda Electric Roadway DIF 19,813
Rodda Electric Wastewater DIF 6,658
Rodda Electric Community Facilities DIF 48
Total $ 33,005

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23 Notes to the Development Impact Fee Report
reimbursement agreement requires the City to make annual installment payments to the developer from like DIF funds and no other. Currently, there are two such outstanding agreements, as shown below:

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

Credits
Developer Payable Fund Outstanding
Signature Homes Parks and Trails DIF 26,187 $
Lennar Homes Water DIF (2,088)
Lennar Homes Wastewater DIF (1,000)
Lennar Homes Roadway DIF (12,068)
Lennar Homes Parks and Trails DIF 108,548
Total $ 119,579

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DEVELOPMENT

IMPACT FEE PROJECT

IDENTIFICATION

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

All of the current projects, including all funding sources and approximate dates of funding, can be found in the 2025/26 – 2029/30 CIP on the City’s website at www.brentwoodca.gov.

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26 Development Impact Fee Project Identification
Project
Estimated
Construction
Estimated
Completion
Estimated
Project Budget Funding
Estimated
% of
Project
Funded
Did
construction
begin on the
date noted in Reason for change in
Current Projects Phase Start Date Date Cost (1) To Date (1) To Date (1) with Fees (2) previous report? construction start date Water Development Impact Fee
56420 Canal Replacement Cost Share - Segment 5 Construction 2022/23 2026/27 $ 5,897,000 $ 2,415,678 $ 2,225,259 41% Yes N/A 56410 O'Hara Ave/Lone Tree Way Water Upgrade Design 2025/26 2025/26 1,846,500 923,250 55,000 50% Yes N/A 56415 Pump Station 2.4 Installation Preliminary 2025/26 2025/26 4,350,000 4,350,000 - 100% Yes N/A 56421 Water Line Improvement - Kent Drive Design 2025/26 2025/26 800,000 400,000 335,000 50% No Adjusted due to availability of resources 56417 Water Line Improvement - Pearson Drive/Foothill Drive Design 2025/26 2025/26 970,000 485,000 485,000 50% No Adjusted due to delays in right of way acquisition
Total Water Development Impact Fee $ 13,863,500 $ 8,573,928 $ 3,100,259 Roadway Development Impact Fee
31620 Brentwood Boulevard Widening North - Phase I Design 2020/21 2026/27 $ 10,198,873 $ 3,140,000 $ 318,127 31% Yes N/A 31695 Innovation Center @ Brentwood Infrastructure Design 2018/19 2025/26 11,827,000 6,675,000 6,675,000 56% Yes N/A 31701 Lone Tree Way Roadway Improvements Design 2021/22 2026/27 17,693,336 7,600,000 7,600,000 43% Yes N/A 31340 Lone Tree Way - Union Pacific Undercrossing Design 2020/21 2029/30 38,608,000 2,383,584 2,383,584 6% Yes N/A Total Roadway Development Impact Fee $ 78,327,209 $ 19,798,584 $ 16,976,711 Parks and Trails Development Impact Fee
52446 Sand Creek Sports Complex Construction 2025/26 2026/27 24,063,172 $ $ 10,264,696 $ 10,264,696 43% No Adjusted due to timing of construction contract approval
Total Parks and Trails Development Impact Fee $ 24,063,172 $ 10,264,696 $ 10,264,696 Wastewater Development Impact Fee
Highland Way Wastewater Upgrade Preliminary 2028/29 2028/29 1,750,000 $ $ 175,000 $ - 10% Yes N/A 59140 Wastewater Treatment Plant Expansion - Phase II Construction 2018/19 2026/27 123,635,000 14,404,221 14,404,221 46% (3) Yes N/A Wastewater Treatment Plant Headworks Rehabilitation Preliminary 2027/28 2027/28 2,900,000 700,000 - 24% Yes N/A Wastewater Treatment Plant Tertiary Filter Expansion Preliminary 2028/29 2028/29 4,200,000 4,200,000 - 100% No Adjusted due to project scope expansion and availability of resources
Total Wastewater Development Impact Fee $ 132,485,000 $ 19,479,221 $ 14,404,221 Total Project Funding $ 58,116,429 $ 44,745,887
(1)
(2)
(3)
Development Impact Fee Project Identification
As of June 30, 2025
Estimated Project Cost and Budget to Date amounts are from the 2025/26 - 2029/30 CIP . Funding to Date amounts are as of June 30, 2025. Budget to Date and Funding to Date include DIF amounts only. For information on additional funding sources please see the CIP.

Estimated funding with DIFs may include funding that is anticipated to occur in future years and will be budgeted accordingly in future years' Capital Improvement Programs.

Construction
Estimated % of project funded with Fees includes estimated % of SRF loan to be funded by WW DIF funds.

Project
Number
Development Impact Fees

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CITY OF BRENTWOOD
150 CITY PARK WAY | BRENTWOOD, CA 94513
WWW.BRENTWOODCA.GOV

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CITY COUNCIL AGENDA ITEM NO. F.10
12/09/2025
SUBJECT: An amendment to extend the term of the professional services agreement with De Novo Planning Group for the Focused Zoning Ordinance Update and Objective Design Standards
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
Adopt a resolution amending the professional services agreement with De Novo Planning Group for the Focused Zoning Ordinance Update and Objective Design Standards to extend the term from the initial two years to “until services are complete.”

FISCAL IMPACT
The total cost of the agreement is a not to exceed amount of $250,000. The Focused Zoning Ordinance Update, CIP Project No. 337-37228 is included in the adopted 2025/26 – 2029/30 Capital Improvement Program, and has a total project budget of $450,000. Funding for this project includes $440,737 from the General Fund and $9,263 from a State grant (SB 2). Approximately $157,000 has been expended on this agreement to date, with approximately $93,000 remaining to be spent.

BACKGROUND
On January 24, 2023, staff provided the City Council with a presentation and requested direction on revising the scope of the Zoning Ordinance Update project to be more in line with the Strategic Initiative to implement a Zoning Ordinance Update focused on compliance with State law, including developing objective design standards. Specifically, staff recommended that the Zoning Ordinance Update project be scaled down in size and focused into specific tasks, to be completed in approximately 18 months. The City Council agreed with staff’s recommendation and provided direction to move forward with the revised project scope and to proceed with a new consultant.

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CITY COUNCIL AGENDA ITEM NO. F.10
12/09/2025
On May 23, 2023, staff provided the City Council with a draft professional services agreement with De Novo Planning Group for consideration. The agreement was for a not to exceed amount of $250,000 and a term of two years. The City Council unanimously adopted Resolution No. 2023-64, authorizing the City Manager to execute the agreement. The two-year agreement became effective on June 27, 2023 and expired on June 27, 2025.

The scope of work in the agreement incorporates the three main tasks discussed at the January 24, 2023 City Council meeting, briefly summarized as follows:
 Objective Design Standards (ODS)
o Interim Objective Design Standards. This task is complete, as the City Council adopted Urgency Ordinance No. 1059 on June 27, 2023. o Permanent Objective Design Standards. This work is extremely detailed and remains ongoing. Staff prepared a draft set of ODS that was presented to the Land Use and Development Committee as an overview at its May 19, 2025 meeting. This was followed by a public hearing with the Planning Commission on September 16, 2025, at which time the item was continued to allow for additional review. The Planning Commission held a second public hearing on October 21, 2025 and made several recommended changes, but requested that the ODS come back again before a final recommendation was made. The date of the next public hearing with the Planning Commission is to be determined. This will be followed by one or more public hearings with the City Council.  Updates Required by State Law and the Housing Element o This task is partially complete, as the City Council adopted Ordinance No. 1084 on March 11, 2025, updating the Brentwood Municipal Code to comply with State law as required by the City’s adopted Housing Element implementation policies. Staff continues to work on other updates required by State law and will be bringing those to the Planning Commission and the City Council in early 2026.
 Focused and Prioritized Updates
o These include updates to various sections of the Zoning Ordinance based on feedback from the community and the City Council. Six separate updates were identified, including those related to gas stations, car washes, alcohol sales, self-storage, short-term rentals, and drivethroughs. So far, updates have been completed for car washes, selfstorage, short-term rentals, and drive-throughs. Work continues on gas stations and alcohol sales, with those anticipated to be considered by the Planning Commission and the City Council in early 2026.

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CITY COUNCIL AGENDA ITEM NO. F.10
12/09/2025
While an initial term of two years for this agreement was reasonable, the tasks have taken significantly longer to complete than anticipated and more time is needed. As a result, staff is requesting that the City Council approve an amendment to the agreement that would change the term to “until services are complete.”

CITY COUNCIL STRATEGIC INITIATIVE
City of Brentwood Strategic Plan FY 2022/23 – FY 2023/24 Focus Area 4: Community Development, Goal 1: Implement Zoning Ordinance update to maintain compliance with State law, including developing objective design standards (SB 330 compliance).

PREVIOUS ACTIONS
Previous Actions taken by the City Council are included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTIONS
The following are alternative options that the City Council may consider:

1. Continue the item for further discussion or request additional information.

2. Do not approve the contract extension. The project is ongoing and the full budget has not been expended. If the contract is not extended, the project would be delayed in order for staff to identify another consultant and execute a contract with City Council approval, or to reallocate staffing resources from other projects to this project.

ATTACHMENTS

1. Previous Actions

2. Resolution

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

On November 16 and 17, 2017, the City Council held workshops to discuss, deliberate, and direct staff on priorities and the allocation of financial resources for the development of a Strategic Plan initiative. The City Council directed staff to initiate a comprehensive zoning ordinance update.

On February 27, 2018, the City Council adopted Resolution No. 2018-21 to approve the FY 2018/19 and FY 2019/20 City of Brentwood Strategic Plan, including Strategic Initiative 4.1.c, preparation of a comprehensive zoning ordinance update which has been continued over the past few years into the current Strategic Plan FY 2022/23 – FY 2023/24 (Focus Area 4: Land Use Planning, Goal 1: Implement Zoning Ordinance update).

On May 22, 2018, by Resolution No. 2018-66, the City Council adopted the City’s 2018/19 – 2022/23 Capital Improvement Program (“CIP”), which includes the Zoning Ordinance Update, CIP Project No. 337-37228
On June 9, 2020, by Resolution No. 2020-73, the City Council adopted the City’s 2020/21 – 2024/25 Capital Improvement Program, which included the Zoning Ordinance Update, CIP Project No. 337-37228.

On January 24, 2023, the City Council provided direction to staff on reinitiating the City’s Zoning Code Update, including a new focused and phased approach scaled down in size and focused into specific tasks.

On May 23, 2023, the City Council approved a Professional Services Agreement with De Novo Planning Group to prepare and complete the Focused Zoning Ordinance Update and Objective Design Standards.

On November 14, 2023, the City Council provided direction to staff on including updated regulations pertaining to automobile service stations/gas stations, carwashes, alcohol sales, self-storage facilities, short-term rentals, and drive-through uses as part of the Focused Zoning Code Update efforts and directed staff to present the Land Use and Development Committee with an initial framework for each of the topics prior to moving forward with comprehensive and formal amendments.

On September 24 and November 12, 2024, the City Council was presented with information on and provided further direction related to alcohol sales, self-storage facilities, and drive-through uses.

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On July 22, 2025, the City Council held a duly-noticed public hearing to consider the first reading of the Ordinance approving a Zoning Text Amendment (RZ 24-006) to the Brentwood Municipal Code to update regulations related to self-storage and drivethrough facilities. Following the public hearing, the City Council voted to approve the provisions of Ordinance related to self-storage facilities and continue the amendments related to drive-through facilities to move forward separately at a later time.

On September 23, 2025, the City Council held a duly-noticed public hearing to consider the first reading of the Ordinance approving a Zoning Text Amendment (RZ 24-006) to the Brentwood Municipal Code to update regulations related to drivethrough facilities. Following the public hearing, the City Council voted to approve the provisions of Ordinance related to drive-through facilities.

On October 14, 2025, the City Council adopted Ordinance No. 1089 approving a Zoning Text Amendment (RZ 24-006) to the Brentwood Municipal Code to update regulations related to drive-through facilities.

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Page 1 of 2 ends

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE AMENDMENT NO. 1 TO THE

PROFESSIONAL SERVICES AGREEMENT WITH DE NOVO

PLANNING GROUP FOR THE FOCUSED ZONING ORDINANCE

UPDATE AND OBJECTIVE DESIGN STANDARDS, TO EXTEND THE

TERM FROM TWO YEARS TO UNTIL COMPLETION OF THE

SERVICES
WHEREAS, on November 16 and 17, 2017, the City Council held workshops to discuss, deliberate, and direct staff on priorities and the allocation of financial resources for the development of a two-year Strategic Plan; and WHEREAS, at the conclusion of these workshops, the City Council directed staff to proceed with a comprehensive zoning ordinance update; and WHEREAS, on February 27, 2018, by Resolution No. 2018-21, the City Council adopted the FY 2018/19 – 2019/20 City of Brentwood Strategic Plan including Strategic Initiative 4.1.c, preparation of a comprehensive zoning ordinance update; and
WHEREAS, on May 22, 2018, by Resolution No. 2018-66, the City Council adopted the City’s 2018/19 – 2022/23 Capital Improvement Program (“CIP”), which includes the Zoning Ordinance Update, CIP Project No. 337-37228; and WHEREAS, on June 9, 2020, by Resolution No. 2020-73, the City Council adopted the City’s 2020/21 – 2024/25 Capital Improvement Program (“CIP”), which includes the Zoning Ordinance Update, CIP Project No. 337-37228; and WHEREAS, on July 28, 2020, by Resolution No. 2020-103, the City Council approved a Professional Services Agreement with Miller Planning Associates to prepare the Comprehensive Zoning Ordinance Update in an amount not to exceed $315,450; and
WHEREAS, on January 24, 2023, the City Council provided direction to staff to revise the Zoning Ordinance Update project with a more focused and phased approach with a new timeline and a new consultant; and
WHEREAS, based on the City Council direction, staff subsequently terminated the Professional Services Agreement with Miller Planning Associates and solicited a scope of work from De Novo Planning Group; and
WHEREAS, on May 23, 2023, by Resolution No. 2023-64, the City Council authorized the City Manager to execute a Professional Services Agreement with De Novo Planning Group for the Focused Zoning Ordinance Update and Objective Design Standards in an amount not to exceed $250,000 for a term of two years; and

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WHEREAS, on November 14, 2023, the City Council provided direction to staff on including updated regulations pertaining to automobile service stations/gas stations, carwashes, alcohol sales, self-storage facilities, short-term rentals, and drive-through uses as part of the Focused Zoning Code Update efforts and directed staff to present the Land Use and Development Committee with an initial framework for each of the topics prior to moving forward with comprehensive and formal amendments; and
WHEREAS, on September 24 and November 12, 2024, the City Council was presented with information on and provided further direction related to alcohol sales, self-storage facilities, and drive-through uses; and
WHEREAS, on July 22, 2025, the City Council held a duly-noticed public hearing to consider the first reading of the Ordinance approving a Zoning Text Amendment (RZ 24-006) to the Brentwood Municipal Code to update regulations related to self-storage and drive-through facilities. Following the public hearing, the City Council voted to approve the provisions of Ordinance related to self-storage facilities and continue the amendments related to drive-through facilities to move forward separately at a later time; and
WHEREAS, on September 23, 2025, the City Council held a duly-noticed public hearing to consider the first reading of the Ordinance approving a Zoning Text Amendment (RZ 24-006) to the Brentwood Municipal Code to update regulations related to drive-through facilities. Following the public hearing, the City Council voted to approve the provisions of Ordinance related to drive-through facilities; and WHEREAS, on October 14, 2025, the City Council adopted Ordinance No. 1089, approving a Zoning Text Amendment (RZ 24-006) to the Brentwood Municipal Code to update regulations related to drive-through facilities; and WHEREAS, additional time is needed to complete certain tasks, including the Objective Design Standards, requiring an amendment to the Professional Services Agreement to extend it until services are completed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby approves and authorizes the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement with De Novo Planning Group for the Focused Zoning Ordinance Update and Objective Design Standards, extending the term from two years to until completion of the services.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of December 2025, by the following vote:

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CITY COUNCIL AGENDA ITEM NO. F.11
12/09/2025
SUBJECT: Notice of Completion for work performed by MARC Builders LLC dba MARC Engineering for the Fields of Time project under the Public Art Spaces Project, CIP Project No. 337-37244
DEPARTMENT: Parks and Recreation
STAFF: Harith Aleem, Director of Parks and Recreation
Thien Nguyen, Recreation Manager
Tammy Holman, Management Analyst

TITLE/RECOMMENDATION
Adopt a Resolution accepting the work performed by MARC Builders LLC, dba MARC Engineering (“MARC Engineering”), for the installation of the Fields of Time art project under the Public Art Spaces Project CIP No. 337-37244 (“Project”), and requesting the City Clerk file a Notice of Completion with the County Recorder.

FISCAL IMPACT
The total contract amount for the work performed by MARC Engineering for the Public Art Spaces – Fields of Time project is as follows:

Item
Contract
Agreement
Contract
Contingency
(10%)
Final
Amount
due to
Contractor
Council
Approved
Amount
(contract plus
10%
contingency)
Contract Approved
Amount
$79,942 $7,994 $87,936
MARC Builders LLC
dba MARC
Engineering
$87,880
The final amount spent for the work performed by MARC Engineering is just below the approved, not to exceed amount of the contract plus 10% contingency, authorized by the City Council. The CIP Project budget was created to fund the installation of art monuments at select locations throughout the City and is funded

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CITY COUNCIL AGENDA ITEM NO. F.11
12/09/2025
by Public Art Acquisition funds that can only be used for Public Art projects. Accepting the work performed by MARC Engineering on this project will not have any fiscal impact.

BACKGROUND
The Public Art Spaces Project is an Economic Development initiative that was approved as part of prior Strategic Plans and will construct interesting and very visible public art pieces or monuments at key entry points in the City of Brentwood. This initiative is intended to showcase the overall identity of Brentwood as anyone enters the City limits.

Fields of Time (“FOT”) is a monument created by artist Douwe Blumberg. The monument spans 180 feet, and is 10 feet high. FOT integrates a number of references to Brentwood's history with different agricultural eras represented in Douwe's custom designed metal silhouettes. This monument is located on Brentwood Boulevard, at the Brentwood Police Station.

Formal bid documents for construction and installation of the monument were made available to the public on November 19, 2024, and a non-mandatory pre-bid site visit was held on December 3, 2024. The bid opening was held on December 10, 2024, and three bids were received.

On January 28, 2025 by Resolution 2025-11, the City Council approved the contract documents and awarded the bid for the Public Art Spaces: Fields of Time (“FOT”) Project, CIP Project No. 337-37244, to MARC Builders LLC, dba MARC Engineering as the lowest bidder in the amount of $79,942, plus funding authorization for a 10% contingency amount of $7,994 for additional services, for a total authorization not to exceed amount of $87,936.

Construction of the monument was split into two phases, with the initial phase incorporating the installation of the underground footers and hoops for the monument, and the later phase including the installation and welding of the figures on the monument.

MARC Engineering has met its contractual obligations, and staff is recommending that the work performed by MARC Engineering for the Public Art Spaces – Fields of Time project, CIP Project No. 337-37244 be accepted and the Notice of Completion be filed with the County Recorder.

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CITY COUNCIL AGENDA ITEM NO. F.11
12/09/2025
Below are photos of the completed project:

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 5 Parks and Recreation Services: Goal 3 Enhance cultural and performing arts opportunities in Brentwood.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. F.11
12/09/2025

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

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. Notice of Completion

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

On February 28, 2017, by Resolution No. 2017-24, the City Council approved two viable locations for the Citywide Gateway Monuments “4-Corners” Project (later renamed Public Art Spaces).

On June 12, 2018, the City Council established a Citywide Gateway Monuments 4 Corners Ad Hoc Committee consisting of two City Council Members and two Arts Commissioners.

On April 23, 2019, the City Council approved two viable locations, artists and designs for the Public Art Spaces project, specifically naming Douwe Blumberg as the artist for the Brentwood Boulevard project entitled Fields of Time.

On May 14, 2019, the City Council approved the City public art location prioritization which indicated the site locations for Phase 1 of the Public Art Spaces projects would be Sand Creek Road across from Streets of Brentwood, Brentwood Boulevard alongside the Police Station, and Balfour Road Bypass median.

On May 28, 2019, by Resolution No 2019-68, the City Council adopted the 2019/20 – 2023/24 Capital Improvement Program (CIP) to include the Public Arts Spaces project.

On August 13, 2019, by Resolution No 2019-96, the City Council approved the execution of an artist services agreement with Douwe Blumberg for the Public Spaces project entitled Fields of Time on Brentwood Boulevard.

On May 28, 2024, by Resolution 2024-56, the City Council adopted the FY 2024/25 – 2028/29 Capital Improvement Program, which included the Public Art Spaces Project, CIP Project No. 337-37244.

On June 25, 2024, by Resolution 2024-73, the City Council adopted the FY 2024/25 – 2025/26 Operating Budget.

On July 23, 2024, by Resolution 2024-81, the City Council 1) approved and authorized the City Manager or designee to execute an amendment to the agreement for artist services with Douwe Blumberg for the Public Art Spaces – Phase 1 Project, CIP Project No. 337-37244 with a not to exceed amount of $187,655 and 2) amend the FY 2024/25-2028/29 Capital Improvement Program

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On January 28, 2025 by Resolution 2025-11, the City Council 1) approved the contract documents, awarded the bid, and authorized the City Manager or designee to execute a construction contract and necessary documents for the Public Art Spaces: Fields of Time (“FOT”) Project, CIP Project No. 337-37244, to MARC Builders LLC dba MARC Engineering as the lowest bidder in the amount of $79,942, plus funding authorization for a 10% contingency amount of $7,994 for additional services, for a total authorization not to exceed amount of $87,936, 2) amended the FY 2024/25– 2028/29 Capital Improvement Program for the Public Art Spaces CIP Project No. 337-37244 (“Project” or “Public Art Spaces Project”); and 3) amended the FY 2024/25 Operating Budget for the associated funding transfers.

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NOTICE OF COMPLETION
Recording Requested By:

City of Brentwood
When Recorded Mail To:

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

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

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

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

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

4. The nature of City’s interest in the Project is:
_X_ Fee ownership __ Lessee __ Other:________________________

5. Construction work on the Project performed on City’s behalf is generally described as follows: Fields of Time Art Installation, CIP Project No. 337-37244.

6. The name of the original Contractor for the Project is: MARC Builders LLC dba MARC Engineering

7. The Project was completed on: December 9, 2025

8. The Project is located at: 9100 Brentwood Boulevard, Brentwood, CA 94513 Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date Signature of Person Signing on Behalf of City
City of Brentwood, CA
________________________________
Amanda McVey, City Clerk

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RESOLUTION NO.2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ACCEPTING THE WORK PERFORMED BY MARC

BUILDERS LLC DBA MARC ENGINEERING FOR THE FIELDS OF

TIME PROJECT UNDER THE PUBLIC ART SPACES PROJECT, CIP
PROJECT NO. 337-37244, AND REQUESTING THE CITY CLERK TO

FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER
WHEREAS, on February 28, 2017, by Resolution No. 2017-24, the City Council approved two viable locations for the Citywide Gateway Monuments “4-Corners” Project (later renamed Public Art Spaces); and
WHEREAS, on June 12, 2018, the City Council established a Citywide Gateway Monuments 4 Corners Ad Hoc Committee consisting of two City Council Members and two Arts Commissioners; and
WHEREAS, on April 23, 2019, the City Council approved two viable locations, artists and designs for the Public Art Spaces project, specifically naming Douwe Blumberg as the artist for the Brentwood Boulevard project entitled Fields of Time; and
WHEREAS, on May 14, 2019, the City Council approved the City public art location prioritization which indicated the site locations for Phase 1 of the Public Art Spaces projects would be Sand Creek Road across from Streets of Brentwood, Brentwood Boulevard alongside the Police Station, and Balfour Road Bypass median; and
WHEREAS, on May 28, 2019, by Resolution No 2019-68, the City Council adopted the 2019/20 – 2023/24 Capital Improvement Program (CIP) to include the Public Arts Spaces project; and
WHEREAS, on August 13, 2019, by Resolution No 2019-96, the City Council approved the execution of an artist services agreement with Douwe Blumberg for the Public Spaces project entitled Fields of Time on Brentwood Boulevard; and WHEREAS, on May 28, 2024, by Resolution 2024-56, the City Council adopted the FY 2024/25 – 2028/29 Capital Improvement Program, which included the Public Art Spaces Project, CIP Project No. 337-37244; and
WHEREAS, on June 25, 2024, by Resolution 2024-73, the City Council adopted the FY 2024/25 – 2025/26 Operating Budget; and
WHEREAS, formal bid documents for construction and installation of the monument were made available to the public on November 19, 2024 and three bids were received by the December 10, 2024 deadline; and

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WHEREAS, on January 28, 2025 by Resolution 2025-11, the City Council 1) approved the contract documents, awarded the bid, and authorized the City Manager or designee to execute a construction contract and necessary documents for the Public Art Spaces: Fields of Time (“FOT”) Project, CIP Project No. 337-37244, to MARC Builders LLC dba MARC Engineering as the lowest bidder in the amount of $79,942, plus funding authorization for a 10% contingency amount of $7,994 for additional services, for a total authorization not to exceed amount of $87,936, 2) amended the FY 2024/25– 2028/29 Capital Improvement Program for the Public Art Spaces CIP Project No. 337-37244 (“Project” or “Public Art Spaces Project”); and 3) amended the FY 2024/25 Operating Budget for the associated funding transfers; and WHEREAS, MARC Builders LLC dba MARC Engineering has met its contractual obligations and staff recommends 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 hereby approves a Resolution accepting the work performed by MARC Builders LLC dba MARC Enginerring for the Fields of Time project under the Public Art Spaces Project CIP No. 337-37244, 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 9th day of December 2025, by the following vote:

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CITY COUNCIL AGENDA ITEM NO. F.12
12/09/2025
SUBJECT: Accept the Parkside Villas, Subdivision No. 8982, in-tract public improvements for maintenance and take associated actions DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Heather Silfies, Engineering Services Supervisor
Amanda Muniz, Administrative Technician

TITLE/RECOMMENDATION
Adopt a Resolution accepting the in-tract public improvements for Parkside Villas for maintenance; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Parkside Villas, Subdivision No. 8982, at Old Sand Creek Road.

FISCAL IMPACT
If the improvements are accepted, the City will incur an estimated $8,305.53 in annual costs for necessary maintenance. The annual cost and funding sources for this maintenance is summarized in the table below. The properties within this area would contribute property taxes and other offsetting revenues.

Funding Source Type of Maintenance Annual Cost Estimate General Fund Routine roadway & storm drain $1,773.63
Water Enterprise Fund Water infrastructure $2,067.90
Wastewater Enterprise Fund Wastewater infrastructure $1,944.00 Landscape & Lighting Assessment
District Funds (LLADs)
Special benefit street lighting $2,469.60
General Fund General benefit street lighting $50.40
Total Annual Maintenance Cost Estimate: $8,305.53

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CITY COUNCIL AGENDA ITEM NO. F.12
12/09/2025
tentative subdivision map (for five lots or more) by the City. The map shows how the land will be divided into lots, parks, streets, and other features.

When a tentative map is approved by the City, it will include a number of requirements or Conditions of Approval (COA’s) that the developer must carry out in order to develop the project. In compliance with State Subdivision Map Act Section 66458(d) and Municipal Code Section 16.165.030, a Final Map and associated Subdivision Improvement Agreement (SIA) are presented to the City Manager for approval through an Informational Report to City Council. Per the SIA, improvement security must be provided to the City to cover the estimated cost of the improvements to be installed. For this project, a surety bond was submitted to guarantee faithful performance and satisfy this requirement.

Once the improvements are completed and ready for acceptance, the developer must post a Maintenance Bond in an amount not less than 10% of the estimated cost of improvements, guaranteeing materials and workmanship for a period of one year.

Before ownership of the improvements can be transferred, the City Council has to formally accept them, which means the City acknowledges that the improvements were built in conformance with the approved plans.

In this item, staff is requesting the City Council (1) accept the improvements, (2) accept the Maintenance Bond from the developer, (3) release the Improvement Securities back to the developer, since the improvements were built, and (4) ask the City Clerk to send the Council’s Resolution to the County so it can be recorded and be a record of the Council’s action.

This project, which sits east of Shady Willow Lane, north of Old Sand Creek Road, has been developed by Richmond American Homes (Developer). The tentative map was approved to subdivide 10.72 acres into 36 single family residential lots, and a park (Trailview Park) that was accepted by the City Council on February 11, 2025.

The portions of public improvements required by the project’s Conditions of Approval have been constructed and inspected to ensure they follow the approved improvement plans including sewer, water, storm drain, sidewalks, masonry wall, street lighting, and paving.

The improvements, which consist of 1,776 Lineal Feet (LF) of pavement, 3,632 LF of sidewalk, 3,430 LF curb and gutter, 12 street lights, 1,620 LF 8” sewer line, 1,830 LF 8” water line, 4 hydrants, 2,084 LF storm drain line, are now complete and have been inspected for conformance with the approved improvement plans. The Developer has provided a Maintenance Bond to cover the twelve-month warranty period for the

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CITY COUNCIL AGENDA ITEM NO. F.12
12/09/2025
public improvements. With the improvements now installed, it is appropriate to accept the improvements and begin the warranty period.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Site Map

3. Acceptance Photos

4. Resolution

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On September 12, 2006, by Resolution No. 2006-228 approving Vesting Tentative Subdivision Map (VTSM 8982) to allow the subdivision of an approximate 11-acre site into 37 lots for single-family residential use and make the necessary findings of the City's Density Transition policy allowing residential lots less than 20,000 sq, ft, across from or abutting existing residential property one-acre or larger, located south of Apricot Way and west of Fairview Avenue (APN 019-092-032).

On July 22, 2008, by Resolution 2008-171 approving and authorizing the City Manager to sign an Affordable Housing Agreement between the City of Brentwood and Alexandra Homes & Properties, a California LLC, a California Limited Liability Corporation for Subdivision 8982 - Parkside Villas.

On September 8, 2015 by Resolution 2015-143 approving a three-year time extension for Vesting Tentative Subdivision Map No. 8982 to subdivide a 10.7-acre site into 37 single-family residential lots, known as Parkside Villas, located north of Sand Creek, south of Apricot Way, and west of Fairview Avenue.

On July 10, 2018, by Resolution 2018-93 approving a three-year time extension for Vesting Tentative Subdivision Map No. 8982 to subdivide a 10.7-acre site into 37 single-family residential lots, known as Parkside Villas, located south of Apricot Way and west of Fairview Avenue.

On April 12, 2022, accepted an Informational Report on the City Manager's approval of Final Subdivision Map and Subdivision Improvement Agreement, and acceptance of Offers of Dedication for Subdivision No. 8982, Parkside Villas, developed by Richmond American Homes of Maryland, Inc.

On April 26, 2022, by Resolution 2022-55 approving the name “Trailview Park” to the park that will be constructed on Parcel ‘A’ of the Seasons at Parkside project (Subdivision 8982).

On February 11, 2025, by Resolution 2025-12 accepting the park on Parcel ‘A’ (Trailview Park) in the Richmond American Homes development, Subdivision 8982 (1998 Helena Way) for maintenance by the City and requested that the City Clerk file this Resolution with the Recorder of Contra Costa County.

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Acceptance In-Tract Public Improvements
Subdivision No. 8982, Parkside Villas
By Richmond American Homes of Maryland, Inc.
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8982
Document Path: W:\mxd\Staff Report Maps\8982 Acceptance.mxd

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8982 Parkside Villas
Acceptance

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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ACCEPTING THE IN-TRACT PUBLIC

IMPROVEMENTS FOR PARKSIDE VILLAS FOR MAINTENANCE,

ACCEPTING THE MAINTENANCE BOND, RELEASING THE

IMPROVEMENT SECURITIES, AND REQUESTING THAT THE CITY

CLERK FILE THIS RESOLUTION WITH THE RECORDER OF

CONTRA COSTA COUNTY FOR THESE IMPROVEMENTS,

CONSTRUCTED AS PART OF PARKSIDE VILLAS, SUBDIVISION
NO. 8982
WHEREAS, on August 1, 2006, by Resolution No.06-41, the Planning Commission recommended City Council approve vesting tentative Subdivision Map No. 8982; and
WHEREAS, on September 12, 2008, by Resolution No. 2006-228, the City Council approved vesting tentative Subdivision Map No. 8982; and WHEREAS, on February 11, 2025, by Resolution No. 2025-12, the City Council accepted Parcel A, Trailview Park improvements; and
WHEREAS, the required public improvements for Subdivision No. 8982, which consist of 1,776 Lineal Feet (LF) of pavement, 3,632 LF of sidewalk, 3,430 LF curb and gutter, 12 street lights, 1,620 LF 8” sewer line, 1,830 LF 8” water line, 4 hydrants, 2,084 LF storm drain line (collectively, the “Public Improvements”), have been completed and constructed in substantial conformance with the approved improvement plans; and
WHEREAS, the Developer, Richmond American Homes of Maryland, Inc. has posted a Maintenance Bond, guaranteeing materials and workmanship, for a period of one year following acceptance of the Public Improvements.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood with respect to the in-tract public improvements for Subdivision No. 8982 developed by Richmond American Homes of Maryland, Inc. that:

1. The Public Improvements are hereby accepted.

2. The Maintenance Bond is hereby accepted.

3. The Improvement Securities will be released within sixty (60) days of the passage of this Resolution.

4. The City Clerk is hereby requested to file this Resolution with the Recorder of Contra Costa County.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of December 2025, by the following vote:

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CITY COUNCIL AGENDA ITEM NO. F.13
12/09/2025
SUBJECT: Accept the Brentwood Country Club Phase I and II, Subdivision No. 9486 & 9360, in-tract public improvements for maintenance and take associated actions
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Heather Silfies, Engineering Services Supervisor
Amanda Muniz, Administrative Technician

TITLE/RECOMMENDATION
Adopt a Resolution accepting the in-tract public improvements for Brentwood Country Club Phase I and II for maintenance; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Brentwood Country Club Phase I and II, Subdivision No. 9486 & 9460, south of Balfour Road and between State Route 4 and Summerset Drive.

FISCAL IMPACT
Most of the improvements associated with this project are privately owned and maintained; therefore, if the improvements are accepted, the City will incur an estimated $8,981.60 in annual costs for necessary maintenance. The annual cost and funding sources for this maintenance is summarized in the table below.

Funding Source Type of Maintenance Annual Cost Estimate Water Enterprise Fund Water infrastructure $4,655.60
Wastewater Enterprise Fund Wastewater infrastructure $4,326.00 Total Annual Maintenance Cost Estimate: $8,981.60

BACKGROUND
When developers construct a new project that includes the sale of single-family homes, the land usually has to first be divided into individual lots that can be sold to separate buyers. Depending on the number of lots needed, this division of land requires the approval of either a tentative parcel map (for four lots or less) or a tentative subdivision map (for five lots or more) by the City. The map shows how the land will be divided into lots, parks, streets, and other features.

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CITY COUNCIL AGENDA ITEM NO. F.13
12/09/2025
When a tentative map is approved by the City, it will include a number of requirements or Conditions of Approval (COA’s) that the developer must carry out in order to develop the project. In compliance with the State Subdivision Map Act (Government Code Section 66458(d)) and Municipal Code Section 16.165.010, a Final Map and associated Subdivision Improvement Agreement (SIA) are presented to the City Manager for approval through an Informational Report to City Council.

Per the SIA, improvement security must be provided to the City to cover the estimated cost of the improvements to be installed. For this project, a surety bond was submitted to guarantee faithful performance and satisfy this requirement.

This project, which sits south of Balfour Road and between State Route 4 and Summerset Drive, has been developed by Shea Homes Limited Partnership (Developer). The tentative map was approved to subdivide 17.60 acres into 86 single family residential lots. The portions of public improvements required by the project’s Conditions of Approval have been constructed and inspected to ensure they follow the approved improvement plans including sewer, water, storm drain, sidewalks, masonry wall, street lighting, and paving.

Subdivision No. 9360 improvements, consisting of 2,484 Lineal Feet (LF) of pavement, 2,530 LF of sidewalk, 3,570 LF curb and gutter, 2,605 LF 8” sewer line, 2,860 LF 8” water line, 1,300 LF of 6 ft masonry wall, 5 hydrants, 1,790 LF various size storm drain line, are now complete and have been inspected for conformance with the approved improvement plans.

Subdivision No. 9486 improvements, consisting of 1,098 Lineal Feet (LF) of pavement, 841 LF of sidewalk, 1,790 LF curb and gutter, 1,000 LF 8” sewer line,

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CITY COUNCIL AGENDA ITEM NO. F.13
12/09/2025
1,260 LF 8” water line, 700 LF of 6 ft masonry wall, 3 hydrants, 860 LF storm drain line, are now complete and have been inspected for conformance with the approved improvement plans.

The Developer has provided a Maintenance Bond to cover the twelve-month warranty period for the public improvements. With the improvements now installed, it is appropriate to accept the improvements and begin the warranty period.

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
On March 11, 2014, the City Council adopted a Mitigated Negative Declaration for the Brentwood Country Club Project by Resolution No. 2014-20.

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. Site Map

3. Acceptance Photos

4. Resolution

Page 180 of 625 ends

On March 11, 2014, by Resolution No. 2014-20, the City Council adopted a Mitigated Negative Declaration for the Brentwood Country Club Project.

On August 28, 2018, by Resolution No. 2018-113, the City Council adopted an initial study/addendum to a previously adopted Mitigated Negative Declaration for the Brentwood Country Club Project.

On August 28, 2018, by Resolution No. 2018-115, the City Council approved vesting Tentative Subdivision Map No. 9486 to allow the subdivision of an approximately 4.5- acre site into 24 lots in support of the Brentwood Country Club Project.

On December 11, 2018, by Resolution No. 2018-169, the City Council approved and authorized the City Manager to sign an affordable housing agreement between the City of Brentwood and Brentwood Country Club Partners, LLC.

On June 23, 2020, by Resolution No. 2020-86, the City Council approved a two-year time extension for vesting Tentative Subdivision Map No. 9486.

On June 23, 2020, by Resolution No. 2020-87, the City Council approved a two-year time extension for design review no. 18-008 (dr 18-008-a1) for two home plans to be constructed on the 24 lots within Vesting Tentative Subdivision Map No 9486.

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Acceptance Public Improvements
Brentwood Country Club Phase 1 & 2
Subdivisions No.9360 and No.9486
Developed by Shea Homes, Limited Partnership
-
Document Path: W:\mxd\Staff Report Maps\9360 & 9486 Acceptance.mxd 9486

M E R R I L L G A R D E N S M E R R I L L G A R D E N S 9360
9360

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9360 & 9486 Brentwood Country Club
Acceptance

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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ACCEPTING THE BRENTWOOD COUNTRY CLUB
PHASE I and II, SUBDIVISION NUMBERS 9360 & 9486, INTRACT PUBLIC IMPROVEMENTS FOR MAINTENANCE; ACCEPTING THE MAINTENANCE BOND; RELEASING THE
IMPROVEMENT SECURITIES; AND REQUESTING THE CITY

CLERK FILE THE RESOLUTION WITH THE RECORDER OF CONTRA

COSTA COUNTY FOR THESE IMPROVEMENTS
WHEREAS, on March 11, 2014, by Resolution No. 2014-20, the City Council adopted a Mitigated Negative Declaration for the Brentwood Country Club Project; and
WHEREAS, on February 18, 2014, by Planning Commission Resolution No. 14- 008 the Planning Commission approved Tentative Subdivision Map No. 9360; and WHEREAS, on August 28, 2018, by City Council Resolution No. 2018-115, the City Council approved Tentative Subdivision Map No. 9486; and WHEREAS, on April 13, 2021 the City Council was notified through an Informational Report of the City Manager’s approval of Final Subdivision Map Numbers 9360 and 9486; and
WHEREAS, the required public improvements (collectively, “Brentwood Country Club Phase I and II, Subdivision No. 9486 & 9460, In-tract Public Improvements”) consist of the following:

1. Subdivision No. 9360 improvements: 2,484 Lineal Feet (LF) of pavement, 2,530 LF of sidewalk, 3,570 LF curb and gutter, 2,605 LF 8” sewer line, 2,860 LF 8” water line, 1,300 LF of 6 ft masonry wall, 5 hydrants, 1,790 LF various size storm drain line

2. Subdivision No. 9486 improvements: 1,098 Lineal Feet (LF) of pavement, 841 LF of sidewalk, 1,790 LF curb and gutter, 1,000 LF 8” sewer line, 1,260 LF 8” water line, 700 LF of 6 ft masonry wall, 3 hydrants, 860 LF storm drain line
WHEREAS, Brentwood Country Club Phase I and II, Subdivision No. 9486 & 9460, In-tract Public Improvements have been completed and constructed in substantial conformance with the approved improvement plans; and WHEREAS, Shea Homes, LP, has posted a Maintenance Bond, guaranteeing materials and workmanship, for a period of one year following acceptance of said improvements.

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Page 2 of 2 ends

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

With respect to Subdivision No. 9360 and 9486, in-tract public improvements constructed by Shea Homes, LP:

1. Brentwood Country Club Phase I and II, Subdivision No. 9486 & 9460, In-tract Public Improvements for maintenance are hereby accepted.

2. The Maintenance Bond is hereby accepted.

3. The Improvement Securities will be released within sixty (60) days of the passage of this Resolution.

4. The City Clerk is hereby requested to file this Resolution with the Recorder of Contra Costa County.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of December 2025, by the following vote:

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CITY COUNCIL AGENDA ITEM NO. F.14
12/09/2025
SUBJECT: Informational Report on Final Map of Subdivision No. 9435, Inez Estates, developed by Cyrus Land Investments, LLC
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Heather Silfies, Engineering Services Supervisor
Amanda Muniz, Administrative Technician

TITLE/RECOMMENDATION
Receive and file an Informational Report on the City Manager’s approval of the Final Map for Subdivision No. 9435, Inez Estates, developed by Cyrus Land Investments, LLC., located at 7281 Lone Tree Way (018-080-022).

FISCAL IMPACT
This report is informational only and does not authorize any funds to be spent.

BACKGROUND
When a developer seeks to subdivide property into multiple parcels for sale to different owners, the developer first must seek City approval of a tentative map. The tentative map is then approved subject to various conditions (Conditions of Approval) that the City imposes on the project. A second step in the process requires the approval of a final map before the tentative map expires.

Final maps must be prepared by a licensed land surveyor or certain registered engineers. Like tentative maps, final maps include a host of information including survey data, the numbering or lettering of each parcel within the subdivision, the identification of any public streets or easements, the dedication of land or easements where required, and the exterior boundaries of the subdivision.

The City Engineer then reviews the final map and ensures that:
 the subdivision shown on it is substantially the same as that which the City previously authorized through approval of the tentative map (or that it includes any approved alterations), and

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CITY COUNCIL AGENDA ITEM NO. F.14
12/09/2025
 all relevant state and local laws regarding subdivisions have been met (including those in the Subdivision Map Act and Brentwood Municipal Code), and the map is technically correct.

Once this review is finished, the City Engineer signs a certification of these findings and sends the certified final map to the City Manager, who must formally approve or disapprove the map. After the City Engineer signs the map certification, the law says that the City Manager’s approval is ministerial, which means no discretion can be applied, and the City Council is informed of the final map’s approval.

In accordance with the Subdivision Map Act (Government Code Section 66462(d)) and Brentwood Municipal Code Section 16.166.010, any required improvements, such as sidewalks or public streets, that will not be built by the time of final map approval, must be addressed by the developer agreeing to either (a) enter into a subdivision improvement agreement under which the developer agrees to complete this work itself, or (b) take other steps to ensure the improvements are finished. The Brentwood Municipal Code authorizes the City Manager to sign subdivision improvements agreements.

This last step of the map process is the subject matter of this agenda item. In compliance with Subdivision Map Act (Government Code Section 66458(d)) and Brentwood Municipal Code Section 16.165.010, the Inez Estates project Final Map and associated Subdivision Improvement Agreement have been approved. Tentative Subdivision Map No. 9435, upon which this Final Map is based, was approved by Planning Commission Resolution No. 2023-38, on March 28, 2023.

This Final Map has been checked for conformance with the approved Tentative Subdivision Map and dedications for the appropriate roadways, parcels and easements have been offered. This subdivision consists of eight single-family residential units.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. F.14
12/09/2025

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Not Applicable

ATTACHMENT(S)

1. Site Map

2. Approved Final Map

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Final Map
Inez Estates Subdivision No. 9435
Developed by Inez Estates, LLC
-
Document Path: W :\mxd\Staff Report Maps\9435 Final Map.mxd 9435

SOUTHERN PACIFIC RAILROAD

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817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net

VICINITY MAP

NOT TO SCALE

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817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net

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817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net

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817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net

PARCEL 'A'

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817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net

PARCEL 'A'

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817 Arnold Drive, Ste. 50
Martinez, CA 94553
Ph: (925) 476-8499
www.apexce.net

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CITY COUNCIL AGENDA ITEM NO. F.15
12/09/2025
SUBJECT: Addendum to the Mitigated Negative Declaration for the Wastewater Treatment Plant Expansion – Phase II Project DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Mark Huber, Wastewater Operations Manager
Vatsal Patel, Engineering Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving the Addendum to the Mitigated Negative Declaration for the Wastewater Treatment Plant – Phase II Expansion Project, CIP Project No. 592-59140.

FISCAL IMPACT
This is an administrative function with no fiscal impact associated with the approval of the Addendum.

The project is budgeted in the adopted 2025/26 – 2029/30 Capital Improvement Program (“CIP”), which includes the Wastewater Treatment Plant (“WWTP”) Expansion - Phase II Project, CIP Project No. 592-59140 (“Project”). Project funding is mainly from a State Revolving Fund (“SRF”) low-interest loan and Wastewater Development Impact Fees, Wastewater Enterprise Funds and Wastewater Replacement Funds. The SRF loan is financed over a 30-year period with future debt payments provided by the Wastewater Enterprise Fund and Wastewater Development Impact Fees.

If after receiving a report on the Wastewater Treatment Plant Expansion Cost Update and SB1383 Compliance Alternatives on a separate item on tonight’s agenda, Council wishes to continue moving forward with the installation of the biosolids pyrolysis system portion of the Project, approximately $28.6M in additional funding would be required, and staff would return with more details related to how such funding would be secured. The additional funding, or loan repayments, would be split approximately 52% Wastewater Enterprise funds and 48% Wastewater Development Impact Fees.

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CITY COUNCIL AGENDA ITEM NO. F.15
12/09/2025

BACKGROUND
The City of Brentwood operates a wastewater treatment plant (“WWTP”), a 5.0 million gallon per day (MGD) extended aeration/activated sludge facility. The treatment plant discharges tertiary treated effluent into Marsh Creek. This effluent meets or exceeds applicable drinking water standards. The treatment plant was designed and built to facilitate an expansion to an average dry weather flow of 10 MGD.

The City developed a capital improvement project to expand the WWTP. The scope of the Project involved increasing the expand the capacity of the WWTP and included, among other things, construction of a biosolids dryer building and storage silo as a means of producing Class A biosolids, thus facilitating additional uses or disposal methods for the biosolids. Those facilities were to be located within the existing footprint of the WWTP.

As required by the California Environmental Quality Act (“CEQA”), the City prepared an Initial Study (“IS”) to evaluate potential environmental impacts from construction and operation of the Project and adopted a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) on August 9, 2016.

In 2023, the City decided to use different technology and proposed placing the biosolids drying facilities at a different location. Based on the research conducted by staff, it was determined that a pyrolysis-based system was the best application for the City to meet current and future regulatory requirements for biosolids treatment and disposal. The City proposed a revised Project scope to construct these components on four (4) acres of City-owned property immediately adjacent to the east boundary of the current WWTP footprint. To analyze the revisions under CEQA, the City prepared a Supplemental IS and adopted a Supplemental MND and MMRP for the Project on November 14, 2023.

Based on estimated total cost of the revised Project scope, the City decided to revert to the original Project scope addressed in the 2016 IS/MND, which had all facilities located within the WWTP footprint, but with the biosolids drying and pyrolysis technology addressed in the 2023 IS/MND.

The proposed revisions to the Project required preparation of environmental documentation in accordance with CEQA. Staff determined that an Addendum to the previously adopted CEQA documents were appropriate, given that:

1. There are no substantial changes proposed to the project that require major revisions of the previous CEQA documents due to the involvement of new

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CITY COUNCIL AGENDA ITEM NO. F.15
12/09/2025
significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. No substantial changes have occurred with respect to the circumstances under which the project is undertaken that require major revisions of the previous CEQA documents due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous CEQA documents were adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous CEQA documents;
b. Significant effects previously examined will be substantially more severe than shown in the previous CEQA documents;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the City declines to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous CEQA documents would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative.

The Addendum is provided as an attachment for review. The previous CEQA documents may be found online at:
 2016 IS/MND
 2023 Supplemental IS/MND
The Council’s approval of this Addendum would not approve any further construction or activities with regard to the Project; it simply satisfies the requirement under state law that environmental review for the revised Project be completed.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 1 - Goal 2: Water, Wastewater, and Solid Waste Services: Provide safe and sustainable water, wastewater, and solid waste services for the build-out of the City per the City’s General Plan.

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

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CITY COUNCIL AGENDA ITEM NO. F.15
12/09/2025

DATE OF NOTICE
Not Applicable. There is no public review required for an addendum to an MND, therefore, no notification requirement (14 CCR § 15164(c)).

ENVIRONMENTAL DETERMINATION
As documented throughout the Addendum, changing the Project to locate the biosolids drying and pyrolysis system components to be within the existing WWTP site would:
 not result in any new significant environmental effects, and  not substantially increase the severity of previously identified significant effects.

In addition, no new information of substantial importance has arisen that shows that:
 the Project would have new significant effects,
 the Project would have substantially more severe effects,  the mitigation measures previously found to be infeasible would in fact be feasible, or
 the mitigation measures that are considerably different from those analyzed in the 2016 IS/MND and 2023 Supplemental IS/MND would substantially reduce one or more significant effects on the environment.

Therefore, the differences between the Project as described in the 2016 IS/MND and 2023 Supplemental IS/MND constitute changes consistent with State CEQA Guidelines Section 15164. This Addendum demonstrates that no subsequent MND is required for the Project.

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

1. Do not approve staff’s recommendation.

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

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Addendum to Mitigated Negative Declaration

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On August 9, 2016, by Resolution No. 2016-109, City Council adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the City of Brentwood Wastewater Treatment Plant – Phase II Expansion Project, Capital Improvement Program (“CIP”) Project No. 592-59140 (“Project”), in accordance with Section 15074(d) of the California Environmental Quality Act Guidelines.

On June 23, 2020, by Resolution No. 2020-84, City Council 1) approved the Project construction contract documents; 2) awarded the construction contract to C. Overaa & Company in the amount of $44,516,000; 3) authorized the City Manager or designee to execute the contract and necessary documents for the Project; and 4) authorized a 10% change order contingency of $4,451,600, for a total appropriation of $48,967,600.

On February 14, 2023, by Resolution No. 2023-17, City Council 1) approved the contract documents, and authorized the City Manager or designee to execute an Agreement with TW Associates LLC, dba MISCOwater LLC, and necessary documents, including amendments, in the amount of $18,991,000, plus a 10% contingency amount of $1,899,100, for a total not-to-exceed amount of $20,890,100, for Biosolids Drying and Pyrolysis System equipment and services; 2) amended the 2022/23–2026/27 CIP to include the updated Project sheet in the amount of $93,635,000; and 3) amended the 2022/23 Operating Budget to allow for the associated funding transfers.

On November 14, 2023, by Resolution No. 2023-138, City Council adopted a Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project, in accordance with Section 15074 of the California Environmental Quality Act Guidelines, to reflect changes in the Project, specifically the construction of Project components on four (4) acres of City-owned property immediately adjacent to the east boundary of the current Wastewater Treatment Plant footprint.

On July 22, 2025 by Resolution No. 2025-82, City Council adopted the City’s 2025/26 – 2029/30 CIP, which included the Project with a budget of $123,635,000.

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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE ADDENDUM TO THE MITIGATED

NEGATIVE DECLARATION FOR THE WASTEWATER TREATMENT
PLANT – PHASE II EXPANSION PROJECT, CIP PROJECT NO. 592- 59140
WHEREAS, the City of Brentwood operates a wastewater treatment plant (“WWTP”), a 5.0 million gallon per day (“MGD”) extended aeration/activated sludge facility that was designed and built to facilitate an expansion to an average dry weather flow of 10 MGD; and
WHEREAS, the Wastewater Treatment Plant Expansion Phase II Project (“Project”) was developed to expand the facility, as well as to, among other things, construct a biosolids dryer building and storage silo as a means of producing Class A biosolids; and
WHEREAS, the City prepared an Initial Study (“IS”) to evaluate potential environmental impacts from the Project pursuant to 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.); and WHEREAS, on August 9, 2016, by Resolution No. 2016-109, the City Council adopted a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) for the Project (the “2016 IS/MND”); and WHEREAS, those facilities were to be located within the existing footprint of the WWTP, located at 2201 Elkins Way, Brentwood, Califiornia; and WHEREAS, in 2023, the City decided to use different technology and proposed placing the biosolids drying facilities at a different location; and WHEREAS, the City proposed a revised Project scope to construct these components on four (4) acres of City-owned property immediately adjacent to the east boundary of the current WWTP footprint; and
WHEREAS, to analyze the revisions to the Project scope under CEQA, the City prepared a Supplemental IS/MND, and MMRP; and
WHEREAS, on November 14, 2023, by Resolution No. 2023-138, the City Council adopted the Supplemental MND and MMRP for the Project (the “2023 Supplemental IS/MND”); and
WHEREAS, based on estimated total cost of the revised Project scope, the City ultimately decided to revert to the original Project scope addressed in the 2016 IS/MND, which had all facilities located within the WWTP footprint, but with the

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biosolids drying and pyrolysis technology addressed in the 2023 Supplemental IS/MND; and
WHEREAS, the proposed revisions to the Project required preparation of environmental documentation in accordance with CEQA to confirm that the revisions to the Project will not result in any new significant environmental effects and will not substantially increase the severity of previously identified significant effects; and WHEREAS, pursuant to 14 CCR §§ 15162 and 15164, the City has thus prepared an Addendum to the 2016 IS/MND and 2023 Supplemental IS/MND (“Addendum”); and
WHEREAS, the City Council considered the Addendum, the comments of the public, both oral and written, and all written materials in the record connected therewith, at its meeting of December 9, 2025.

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

1. In the exercise of its independent judgment, and as the decision-making body for the City of Brentwood as Lead Agency, make and adopt the following findings and certifications in compliance with the requirements of CEQA:
a. the City Council has independently reviewed and considered the Addendum for the Project, with the 2016 IS/MND and 2023 Supplemental IS/MND; and
b. the mitigation measures from the 2016 IS/MND and 2023 Supplemental IS/MND for the Project remain applicable to the Project, and no new mitigation measures are required; and
c. determine that, pursuant to 14 CCR § 15162, there is no substantial evidence in the record to demonstrate that one or more of the following have occurred with regard to the Project:
i. Substantial changes are proposed in the Project which will require major revisions of the 2016 IS/MND or 2023 Supplemental IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
ii. Substantial changes occur with respect to the circumstances under which the Project is undertaken which will require major revisions of the 2016 IS/MND and 2023 Supplemental IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or iii. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the 2016 IS/MND and 2023 Supplemental IS/MND were adopted, shows any of the following:
a. The Project will have one or more significant effects not discussed in the 2016 IS/MND or 2023 Supplemental IS/MND;

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b. Significant effects previously examined will be substantially more severe than shown in the 2016 IS/MND and 2023 Supplemental IS/MND;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declines to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the 2016 IS/MND and 2023 Supplemental IS/MND would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative.
d. the City Council finds that the Project is consistent with the City's General Plan and existing policies, including General Plan Goal IF 3 (“Provide adequate wastewater collection and treatment capacity”) insomuch as the Project will expand the City’s WWTP treatment capacity from 5 million gallons per day (MGD) average dry weather flow (ADWF) to 6.4 MGD ADWF in accordance with the General Plan’s projections for future population build-out estimates; and
e. the City Council does hereby find and certify that the Addendum to the 2016 IS/MND and 2023 Supplemental IS/MND for the Project has been prepared and completed in compliance with CEQA;
f. the City Council does hereby find and certify that the Addendum to the 2016 IS/MND and 2023 Supplemental IS/MND for the Project reflects the City Council's independent judgment and analysis; and
g. the City Council confirms that no new or additional environmental analysis is required for the Project, as the Addendum to the 2016 IS/MND and 2023 Supplemental IS/MND for the Project adequately address the environmental impacts of the Project, consistent with CEQA and the CEQA Guidelines.

2. Designate the Director of Public Works as the custodian of records for the Addendum. Such records may be accessed at 150 City Park Drive, Brentwood, California 94513.

3. Approve the Addendum to the Mitigated Negative Declaration for the Wastewater Treatment Plant – Phase II Expansion Project, CIP Project No. 592- 59140.

4. Direct staff to file a Notice of Determination with the County Clerk within five (5) working days.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of December 2025, by the following vote:

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ADDENDUM TO THE

INITIAL STUDY AND MITIGATED NEGATIVE

DECLARATION

FOR THE

CITY OF BRENTWOOD

WASTEWATER TREATMENT PLANT

PHASE II EXPANSION PROJECT
Prepared for:

CITY OF BRENTWOOD

PUBLIC WORKS-ENGINEERING
Prepared by:

March 2025

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ADDENDUM TO THE

INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION

FOR THE

CITY OF BRENTWOOD

WASTEWATER TREATMENT PLANT

PHASE II EXPANSION PROJECT
Prepared for:

CITY OF BRENTWOOD

PUBLIC WORKS-ENGINEERING
2201 Elkins Way
Brentwood, CA 94513
(925) 516-6000
Prepared by:
3100 Zinfandel Drive, Suite 300
Rancho Cordova, CA 95670
(916) 714-1801
March 2025

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TABLE OF CONTENTS

SECTION PAGE
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1 INTRODUCTION.................................................................................................................................................1

1.1 BACKGROUND ............................................................................................................................1

1.2 PURPOSE OF THIS ADDENDUM .....................................................................................................1

1.3 CEQA GUIDELINES REGARDING AN ADDENDUM............................................................................1 2 PROJECT DESCRIPTION..................................................................................................................................2

2.1 PROJECT LOCATION....................................................................................................................2

2.2 PROJECT BACKGROUND ..............................................................................................................2

2.3 CHANGES TO PROJECT................................................................................................................4

2.4 PROJECT CONSTRUCTION ...........................................................................................................4

2.5 PROJECT OPERATIONS................................................................................................................4 3 ENVIRONMENTAL EFFECTS............................................................................................................................5

3.1 AESTHETICS ...............................................................................................................................5

3.2 AGRICULTURE AND FOREST RESOURCES......................................................................................6

3.3 AIR QUALITY...............................................................................................................................6

3.4 BIOLOGICAL RESOURCES ............................................................................................................7

3.5 CULTURAL RESOURCES...............................................................................................................8

3.6 ENERGY.....................................................................................................................................8

3.7 GEOLOGY AND SOILS ..................................................................................................................9

3.8 GREENHOUSE GAS EMISSIONS ....................................................................................................9

3.9 HAZARDS AND HAZARDOUS MATERIALS ...................................................................................... 10

3.10 HYDROLOGY AND WATER QUALITY............................................................................................. 10

3.11 LAND USE AND PLANNING.......................................................................................................... 11

3.12 MINERAL RESOURCES............................................................................................................... 11

3.13 NOISE...................................................................................................................................... 11

3.14 POPULATION AND HOUSING ....................................................................................................... 11

3.15 PUBLIC SERVICES ..................................................................................................................... 11

3.16 RECREATION ............................................................................................................................ 12

3.17 TRANSPORTATION..................................................................................................................... 12

3.18 TRIBAL CULTURAL RESOURCES ................................................................................................. 13

3.19 UTILITIES AND SERVICE SYSTEMS .............................................................................................. 13

3.20 WILDFIRE ................................................................................................................................. 13 4 CONCLUSION..................................................................................................................................................14 5 LIST OF PREPARERS .....................................................................................................................................14

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ACRONYMS AND ABBREVIATIONS
ADWF average dry weather flow
BAAQMD Bay Area Air Quality Management District
BDPS biosolids drying and pyrolysis system
BMPs Best Management Practices
CEQA California Environmental Quality Act
GHG greenhouse gas emissions
IS Initial Study
MGD million gallons per day
MND Mitigated Negative Declaration
MTCO2e metric tons of carbon dioxide equivalent
NPDES National Pollution Discharge Elimination System
WWTP Wastewater Treatment Plant

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1 INTRODUCTION

1.1 BACKGROUND
The City of Brentwood (City) initiated planning for the Wastewater Treatment Plant (WWTP) Phase II Expansion Project in 2016 to expand the treatment capacity from 5 million gallons per day (MGD) average dry weather flow (ADWF) to 7.5 MGD ADWF. As originally proposed, the project included construction of a biosolids dryer building, storage silo, and stockpile area as a means of producing and storing Class A biosolids, thus facilitating additional uses and disposal methods for the biosolids. In 2016, the City prepared an Initial Study (IS) to evaluate potential environmental impacts from construction and operation of the project and adopted a Mitigated Negative Declaration (MND) on August 9, 2016.

In 2023, the City modified the project to include a different technology for drying the biosolids and added a pyrolysis system, both proposed to be located on a vacant City-owned parcel adjacent to and east of the WWTP. The City prepared a Supplemental IS to address the change in the project and adopted a Supplemental MND on November 14, 2023.

The City has further refined the project and now plans to install the biosolids dryers and pyrolysis system (BDPS) within the existing WWTP site. No project components would be located on the City-owned vacant parcel to the east of the WWTP.

1.2 PURPOSE OF THIS ADDENDUM
This addendum describes the project elements that have changed since adoption of the 2016 IS/MND and 2023 Supplemental IS/MND, and compares the environmental impacts that would occur under the current proposal to those that were identified in the 2016 IS/MND and 2023 Supplemental IS/MND.

1.3 CEQA GUIDELINES REGARDING AN ADDENDUM
According to Section 15164(b) of the State CEQA Guidelines, an addendum to an adopted negative declaration may be prepared if only minor technical changes or additions to the previous analysis are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent negative declaration have occurred. Per Section 15162 of the State CEQA Guidelines, when an MND has been adopted for a project, no subsequent document shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:
 substantial changes are proposed in the project that will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;  substantial changes occur with respect to the circumstances under which the project is undertaken that will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

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 new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous MND was adopted, shows any of the following:
o the project will have one or more significant effects not discussed in the previous MND;
o significant effects previously examined will be substantially more severe than shown in the previous MND;
o mitigation measures previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or o mitigation measures that are considerably different from those analyzed in the previous MND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure.

As described in the following sections, none of the criteria for a subsequent MND are met.

Therefore, an addendum is the appropriate CEQA documentation to address this project refinement.
2 PROJECT DESCRIPTION
The following sections describe the project location, background, changes to the project components, and effects on project construction and project operations.

2.1 PROJECT LOCATION
The project is located at the City of Brentwood WWTP in Contra Costa County, as shown in Figure 1.

2.2 PROJECT BACKGROUND
The project assessed in the 2016 IS/MND included new facilities for solids dewatering and drying as a means of producing Class A biosolids to facilitate additional uses and disposal methods for the biosolids. The project included construction of either a new belt filter press for solids dewatering, similar in design to the two existing belt filter presses, or installation of centrifuges. The project also included the option of constructing a new biosolids dryer building, biosolids storage silo, and stockpile area. Natural gas was assumed to be used for the biosolids dryer. The Class A biosolids were expected to be applied to land on nearby farming operations for soil amendment.

The project modifications assessed in the 2023 Supplemental IS/MND included construction of a biosolids dryer with the addition of a pyrolysis system. The primary change to the project from that described in the 2016 IS/MND was that the BDPS was to be located on a vacant City-owned parcel adjacent to and east of the WWTP. The City proposed installing two BDPS “units,” one in the near term and a second unit in the future. Each unit consisted of eight biosolids dryers and

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Figure 1. Location map of city of Brentwood and Brentwood Wastewater Treatment Plant.

Brentwood
WWTP

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two pyrolysis systems, for a total of 16 biosolids dryers and four pyrolysis systems. The existing belt filter presses were to be retained for use during BDPS maintenance periods.

Basic operation of the BDPS would result in biochar being produced and packaged in bags. The biochar may be applied by the City on public parks and medians or hauled offsite by the BDPS vendor for sale. The BDPS could be operated to use only the biosolids drying system, which would result in Class A biosolids being produced that would be hauled to a landfill for use as daily cover. If the BDPS is out of service for an extended period, then the existing belt filter press system would be used and those biosolids would be hauled to a landfill for use as daily cover, as they are now.

Additional changes to the project assessed in the 2023 Supplemental IS/MND included realignment of a paved pedestrian path connecting the Sunset Park Athletic Complex and the Marsh Creek Trail, tree removal to accommodate the new facilities, and installation of new WWTP perimeter fencing around the BDPS area.

2.3 CHANGES TO PROJECT
The City now plans to install the BDPS within the existing WWTP site. No project components would be located on the City-owned vacant parcel to the east of the WWTP. Furthermore, a total of 12 biodryers would be installed, rather than 16; eight in the near-term and four in the future. A total of three pyrolysis systems would be installed, rather than four.

Because the BDPS would no longer be located on the City-owned vacant parcel to the east of the WWTP, there would be no realignment of the paved pedestrian path connecting Sunset Park to the Marsh Creek Trail, no tree removal, and no new fencing installed. Figure 2 shows the proposed location of the BDPS.

2.4 PROJECT CONSTRUCTION
The 2023 Supplemental IS/MND assumed the anticipated peak daily construction workforce for the project would be approximately 30 workers and the average number of workers for the duration of construction would be approximately 15 workers, same as for the 2016 IS/MND.

Construction was assumed to generally be performed between 7 a.m. and 6 p.m., Monday through Friday, though the typical workday ends by 4 p.m. The workforce necessary to construct the BDPS at the proposed location within the WWTP site would not exceed these numbers, and the work hours each day when construction would occur on site would be the same.

2.5 PROJECT OPERATIONS
The 2023 Supplemental IS/MND assumed the number of trips for offsite hauling of dewatered biosolids from the proposed BDPS would be 110 trips per year (i.e., 260 trips fewer than existing conditions). The proposed changes to the project would result in the same or fewer number of trips as assumed for the 2023 Supplemental IS/MND for offsite hauling of dewatered biosolids from the proposed BDPS. This would result in the same or somewhat greater reduction in offsite hauling trips compared to existing conditions.

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Figure 2. Proposed modifications to the City of Brentwood Wastewater Treatment Plant Phase II Expansion Project.
3 ENVIRONMENTAL EFFECTS
The following sections address how the project changes would affect the twenty resource categories in the State CEQA Guidelines Appendix G Environmental Checklist, and identify whether the project changes would result in new or substantially more severe impacts compared to those identified in the 2016 IS/MND and 2023 Supplemental IS/MND.

3.1 AESTHETICS
The 2016 IS/MND concluded that the project would have:
 no impact on a scenic vista;
 no impact on scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway;

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 a less-than-significant impact on the existing visual character and quality of the site and its surroundings and would not conflict with applicable zoning and other regulations governing scenic quality; and
 a less-than-significant impact on day and nighttime views in the area.

These impact determinations were made with the biosolids processing facilities being located within the WWTP site. The 2023 Supplemental IS/MND had the same impact conclusions for aesthetics, with the biosolids processing facilities located on the vacant parcel directly east of the WWTP.

With the BDPS now proposed to be located within the WWTP site, the aesthetic conditions would be as described in the 2016 IS/MND, in which all project facilities were proposed to be located within the WWTP site. Therefore, no new or substantially more severe aesthetics impacts would occur as a result of the project changes and no mitigation is required.

3.2 AGRICULTURE AND FOREST RESOURCES
The 2016 IS/MND and 2023 Supplemental IS/MND concluded that the project would have no impact on agriculture and forest resources because there are no agricultural or forest lands within the project site. With the project change, the BDPS would be located within the WWTP site, where there are no agricultural or forest lands. Therefore, no new or substantially more severe agricultural or forest resource impacts would occur as a result of the project changes and no mitigation is required.

3.3 AIR QUALITY
The 2016 IS/MND concluded that the project would have less than significant impacts on the following:
 implementation of the applicable air quality plan;
 contributions to violation of an air quality standard;  cumulatively considerable net increases of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard;  exposure of sensitive receptors to substantial pollutant concentrations; and  creation of objectionable odors affecting a substantial number of people.

The 2023 Supplemental IS/MND similarly concluded the project would have less-thansignificant impacts on air quality.

With the project changes, a total of 12 biodryers would be installed, rather than 16; eight in the near-term and four in the future. A total of three pyrolysis systems would be installed, rather than four. As such, there would be no additional emissions with the project changes. Rather, emissions would be lower than estimated in the 2023 Supplemental IS/MND, and impacts related to air quality would remain less than significant. Therefore, no new or substantially more severe

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air quality impacts would occur as a result of the project changes and no new mitigation is required.

The 2023 Supplemental IS/MND included Mitigation Measure AQ-1, “Basic Best Management Practices For Construction-Related Fugitive Dust Emissions.” This implements the Bay Area Air Quality Management District’s (BAAQMD) 2022 CEQA Guidelines, which require that, for a project to have less-than-significant criteria air pollutant impact related to construction-related fugitive dust emissions, it must implement all the district’s basic best management practices (BMPs). There is no change to this mitigation measure.

3.4 BIOLOGICAL RESOURCES
The 2016 IS/MND identified potentially significant impacts from construction activities on the special-status species listed below.
 Special-status plant species, including, but not limited to large flowered fiddleneck (Amsinckia grandiflora), big tarplant (Blepharizonia plumosa), and diamond-petaled poppy (Eschscholzia rhombipetala), could be adversely affected by ground disturbance (e.g., grading and excavation). Mitigation Measures BIO-1, BIO-2, and BIO-3 were included in the 2016 IS/MND to reduce impacts to less than significant.  Special-status amphibians or reptiles, including habitat for California tiger salamander, silvery legless lizard, California horned lizard, giant garter snake, and San Joaquin whipsnake, could be disturbed by construction activities or adversely affected by stormwater runoff from construction areas. Mitigation Measures BIO-1, BIO-2, BIO-4, and HWQ-1 were included in the 2016 IS/MND to reduce impacts to less than significant.
 Nesting or foraging birds, including nesting, burrowing, and foraging habitat for the burrowing owl, foraging habitat for the Swainson’s hawk and golden eagle, and nesting and foraging habitat for other special-status bird species, could be disturbed by construction activities or adversely affected by stormwater runoff from construction areas. Mitigation Measures BIO-1, BIO-2, BIO-5, BIO-6, and HWQ-1 were included in the 2016 IS/MND to reduce impacts to less than significant.  Special-status mammals, including habitat for the American badger and foraging habitats for special-status bats, could be disturbed by construction activities. The 2016 IS/MND included Mitigation Measures BIO-1, BIO-2, and BIO-7 to reduce potential American badger impacts to less than significant, and Mitigation Measure BIO-1 to reduce the impact to special-status bats to less than significant.  Special-status fish that occur in lower Marsh Creek, including fall-run Chinook salmon (Oncorhynchus tshawytscha), could be adversely affected by stormwater runoff from construction areas. Mitigation Measure HWQ-1 was included in the 2016 IS/MND to reduce the impact to less than significant.

For the 2023 Supplemental IS/MND, a supplemental database search and reconnaissance survey was conducted for presence of habitat and occurrence of species in the vicinity of the expanded project area that included the vacant parcel to the east of the WWTP. The species potentially

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affected by construction activity was determined to be largely the same, but there are a few differences in reptiles and mammals affected. These included the Coast horned lizard (a specialstatus reptile), rather than the California horned lizard, having the potential to be affected by construction activity. Also, because there was the potential for bat roosts to be disturbed during construction in the new project area, Mitigation Measure BIO-8, “Bats,” was added to reduce impacts on bats to less than significant. Also, the ringtail (a special-status mammal) had the potential to be affected by construction activity, therefore, Mitigation Measure BIO-9, “Ringtail,” was added to reduce impacts on ringtail to less than significant.

Impacts on biological resources from project operations were determined to be less than significant in both the 2016 IS/MND and 2023 Supplemental IS/MND.

With the BDPS now proposed to be located within the WWTP site, no construction activities would occur on the vacant parcel east of the WWTP and there would be a reduced area of potential impacts on biological resources compared to that assessed in the 2023 Supplemental IS/MND. The WWTP site is either landscaped or paved, thus not as conducive to supporting sensitive biological resources. Therefore, no new or substantially more severe impacts on biological resources would occur as a result of the project changes and no additional mitigation is required.

3.5 CULTURAL RESOURCES
The 2016 IS/MND concluded that the project would have no impact on historical resources as defined under CEQA Section 15064.5. However, the project could have a potentially significant impact from construction activities on cultural resources due to the potential to encounter an archaeological resource pursuant to Section 15064.5 or human remains during ground excavations. The 2023 Supplemental IS/MND reached the same conclusions regarding impacts on cultural resources. Implementation of Mitigation Measures CULT-1, “Accidental Discovery Of Archaeological Resources” and CULT-3, “Accidental Discovery Of Human Remains,” identified in the 2016 IS/MND and 2023 Supplemental IS/MND would reduce any potential impacts on cultural resources to less than significant.

Therefore, no new or substantially more severe impacts on cultural resources would occur as a result of the project changes and no additional mitigation is required.

3.6 ENERGY
The 2016 IS/MND did not address impacts on energy resources because this resource category was not part of the State CEQA Guidelines Appendix G Environmental Checklist at the time of preparation. The 2023 Supplemental IS/MND did address impacts on energy resources and concluded that the project would have a less-than-significant impact on the consumption of energy, and no impact on a state or local plan for renewable energy or energy efficiency.

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With the project change, a total of 12 biodryers would be installed, rather than 16; eight in the near-term and four in the future. A total of three pyrolysis systems would be installed, rather than four. As such, there would be no additional energy use with the project change. Rather, energy use would be lower than characterized in the 2023 Supplemental IS/MND, and impacts related to energy would remain less than significant. Therefore, no new or substantially more severe energy impacts would occur as a result of the project changes and no mitigation is required.

3.7 GEOLOGY AND SOILS
The 2016 IS/MND concluded that there is the potential for project facilities to be constructed in areas that contain expansive soils, have elevated risk of liquefaction, or exhibit corrosive soil properties. This impact would be less than significant with implementation of Mitigation Measure GEO-1, “Conduct Geotechnical Investigation and Implement Recommended Measures.” Additionally, the 2016 IS/MND concluded that the project could have a potentially significant impact to paleontological resources, which would be reduced to less than significant with implementation of Mitigation Measure CULT-2, “Accidental Discovery of Paleontological Resources”1. Finally, the 2016 IS/MND concluded that the project would have no impact on the use of septic tanks or alternative wastewater disposal systems. The 2023 Supplemental IS/MND had the same impact conclusions for geology and soils, with the BDPS located on the vacant parcel directly east of the WWTP.

With the BDPS now proposed to be located within the WWTP site, no construction activities would occur on the vacant parcel east of the WWTP and there would be a reduced area of potential impacts on geology and soils compared to that assessed in the 2023 Supplemental IS/MND. Therefore, no new or substantially more severe impacts on geology and soils would occur as a result of the project changes and no additional mitigation is required.

3.8 GREENHOUSE GAS EMISSIONS
The 2016 IS/MND concluded project-generated emissions would not result in a cumulatively considerable net increase of greenhouse gas (GHG) emissions because the projected emissions level was less than the BAAQMD threshold of significance of 10,000 metric tons of CO2 equivalents per year (MTCO2e/year). The 2016 IS/MND also concluded that the project would not conflict with GHG reduction plans. The 2023 Supplemental IS/MND had the same impact conclusions for GHG emissions, with the biosolids processing facilities located on the vacant parcel directly east of the WWTP.

With the project change, a total of 12 biodryers would be installed, rather than 16; eight in the near-term and four in the future. A total of three pyrolysis systems would be installed, rather than four. As such, there would be no additional project-generated emissions or energy use with the project changes. Therefore, no new or substantially more severe GHG emission impacts would occur as a result of the project changes and no mitigation is required. 1 This mitigation measure was given the number “CULT-2,” because in the 2016 Initial Study, the Environmental Checklist question addressing paleontological resources was located under the heading “Cultural Resources.” In the current Environmental Checklist this topic is under the heading “Geology and Soils,” hence its presentation in this section.

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3.9 HAZARDS AND HAZARDOUS MATERIALS
The project does not involve any construction or change in operations that would change the use of any hazardous materials or affect or generate hazardous waste. Therefore, the 2016 IS/MND and 2023 Supplemental IS/MND concluded that the project would have no impact on hazards and hazardous materials.

With the project change, there also would be no change in the use of any hazardous materials or generation of hazardous waste. Therefore, no new or substantially more severe hazards and hazardous materials impacts would occur as a result of the project changes and no mitigation is required.

3.10 HYDROLOGY AND WATER QUALITY
The 2016 IS/MND concluded that the project would have the following impacts.  A potentially significant impact on Marsh Creek water quality during construction activities. Mitigation Measure HWQ-1, “Implement Construction BMPs for Water Quality Protection,” was included in the 2016 IS/MND to reduce this impact to less than significant.
 A potentially significant impact on Marsh Creek water quality, specifically dissolved oxygen levels, from project operations. Mitigation Measure HWQ-1, “Dissolved Oxygen Evaluation and Control Measures,” was included in the 2016 IS/MND to reduce this impact to less than significant.
 Less than significant impacts on groundwater supplies and recharge.  Less than significant impacts on existing drainage patterns.  No impact due to project inundation or placement of structures in a flood hazard zone.

The 2023 Supplemental IS/MND had the same impact conclusions for hydrology and water quality, with the biosolids processing facilities located on the vacant parcel directly east of the WWTP. Additionally, the 2023 Supplemental IS/MND concluded the project would not conflict with a water quality control plan or sustainable groundwater management plan, which was added as an assessment criterion due to updates to the Environmental Checklist.

With the BDPS now proposed to be located within the WWTP site, no construction activities would occur on the vacant parcel east of the WWTP and there would be reduced potential for impacts on hydrology and water quality compared to that assessed in the 2023 Supplemental IS/MND. Therefore, no new or substantially more severe impacts on hydrology and water quality would occur as a result of the project changes and no additional mitigation is required.

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3.11 LAND USE AND PLANNING
The 2016 IS/MND and 2023 Supplemental IS/MND concluded that no impacts related to land use and planning would occur. In 2016, the City obtained coverage under the East Contra Costa County Habitat Conservation Plan for the WWTP Phase II Expansion Project. The changed project is within the area of impact defined in the application for coverage, which is the WWTP site. Therefore, no new or substantially more severe land use impacts would occur as a result of the project changes and no mitigation is required.

3.12 MINERAL RESOURCES
The 2016 IS/MND and 2023 Supplemental IS/MND concluded that no impacts related to mineral resources would occur. The project site is not located in an area that contains significant mineral deposits. Therefore, no new or substantially more severe mineral resource impacts would occur as a result of the project changes and no mitigation is required.

3.13 NOISE
The 2016 IS/MND concluded that impacts from operational noise would be less than significant.

However, construction activities may result in potentially significant generation of a temporary increase in ambient noise levels in the project vicinity in excess of standards. The 2016 IS/MND included Mitigation Measure NZ-1, “Minimize Construction-Related Noise,” to reduce this impact to less than significant. The 2023 Supplemental IS/MND similarly concluded the project would have less-than-significant impacts on noise from project operations and potentially significant impacts on noise from project construction and included Mitigation Measure NZ-1.

With the project change, a total of 12 biodryers would be installed, rather than 16; eight in the near-term and four in the future. A total of three pyrolysis systems would be installed, rather than four. As such, there would be no additional noise sources with the project changes. Furthermore, the project changes would not result in additional peak day construction equipment use, hauling trips, or construction workforce compared to that assessed in the 2016 IS/MND or 2023 Supplemental IS/MND. Therefore, no new or substantially more severe noise impacts would occur as a result of the project changes and no new mitigation is required.

3.14 POPULATION AND HOUSING
The 2016 IS/MND and 2023 Supplemental IS/MND concluded that no impacts related to population and housing would occur. The project does not include construction of new housing, removal of housing, or affect planned and approved population growth in the area. Therefore, no new or substantially more severe population or housing impacts would occur as a result of the project changes and no mitigation is required.

3.15 PUBLIC SERVICES
The 2016 IS/MND concluded that the project would have no impacts on fire protection, police protection, schools, parks, or other public facilities. The 2023 Supplemental IS/MND similarly concluded the project would have no impacts on fire protection, police protection, schools, or other public facilities. However, the 2023 Supplemental IS/MND concluded the project would

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have a less-than-significant impact on parks associated with the temporary construction activities affecting use of the pedestrian path connecting Sunset Park and the Marsh Creek Trail while it was being realigned to the east to accommodate placement of the BDPS on the vacant parcel east of the WWTP.

With the BDPS now proposed to be located within the WWTP site, realignment of the pedestrian path connecting Sunset Park and the Marsh Creek trail is no longer part of the project and there would be no impacts on park services. Therefore, no new or substantially more severe impacts on public services would occur as a result of the project changes and no mitigation is required.

3.16 RECREATION
The 2016 IS/MND concluded that the project would have no impacts on recreational facilities.

The 2023 Supplemental IS/MND concluded that the project would have a less-than-significant impact on recreational facilities associated with the temporary construction activities affecting use of the pedestrian path connecting Sunset Park and the Marsh Creek Trail while it was being realigned.

With the BDPS now proposed to be located within the WWTP site, realignment of the pedestrian path connecting Sunset Park and the Marsh Creek trail is no longer part of the project, thus there would be no impact on recreational facilities. Therefore, no new or substantially more severe impacts on recreational facilities would occur as a result of the project changes and no mitigation is required.

3.17 TRANSPORTATION
The 2016 IS/MND concluded the project construction-related and operations-related vehicle trips would have a less than significant impact on the capacity of the existing circulation system and relative to consistency with applicable congestion management programs. The 2016 IS/MND concluded the project would have no impact on air traffic patterns, hazards due to design features or incompatible uses, inadequate emergency access, plans, policies and programs supporting alternative transportation.

The transportation-related assessment criteria in the 2023 Supplemental IS/MND were different due to updates to the Environmental Checklist. However, the 2023 Supplemental IS/MND similarly concluded that the project would have no impacts on hazards due to design features or incompatible uses, inadequate emergency access, plans, policies and programs supporting alternative transportation. The 2023 Supplemental IS/MND also concluded project construction and operations would not create new developments or other infrastructure that would result in additional vehicle miles traveled relative to existing conditions.

Locating the BDPS within the WWTP site, as now proposed, instead of on the vacant parcel east of the WWTP would not result in additional peak day construction equipment use, hauling trips, or construction workforce, or operations-related trips compared to that assessed in the 2016 IS/MND or 2023 Supplemental IS/MND. Therefore, no new or substantially more severe transportation impacts would occur as a result of the project changes and no mitigation is required.

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3.18 TRIBAL CULTURAL RESOURCES
The 2016 IS/MND addressed impacts on tribal cultural resources within the “Cultural Resources” section of the document, because the “Tribal Cultural Resources” category was not part of the Environmental Checklist at the time of preparation. The 2023 Supplemental IS/MND directly addressed impacts on tribal cultural resources due to updates to the Environmental Checklist and addition of related assessment criteria. The 2023 Supplemental IS/MND concluded that the project could have a potentially significant impact from construction activities due to the potential to encounter buried archaeological resources that could be considered tribal cultural resources if they are of Native American origin. Mitigation Measure TCR-1, “Incidental Discovery Of Tribal Cultural Resources,” was included to reduce the impact to less than significant.

With the BDPS now proposed to be located within the WWTP site, no construction activities would occur on the vacant parcel east of the WWTP and there would be reduced area of potential impacts on tribal cultural resources compared to that assessed in the 2023 Supplemental IS/MND. Therefore, no new or substantially more severe impacts on tribal cultural resources would occur as a result of the project changes and no additional mitigation is required.

3.19 UTILITIES AND SERVICE SYSTEMS
The 2016 IS/MND and 2023 Supplemental IS/MND concluded that the project would have no impacts on utilities and service systems, including new water and wastewater services, stormwater systems, or landfills and associated solid waste reduction goals.

Locating the BDPS within the WWTP site, rather than the vacant parcel to the east of the WWTP, would not change the need for water and wastewater services, stormwater systems, or affect landfills and associated solid waste reduction goals. Therefore, no new or substantially more severe utilities and service system impacts would occur as a result of the project changes and no mitigation is required.

3.20 WILDFIRE
The 2016 IS/MND did not address wildfire impacts because this resource category was not part of the State CEQA Guidelines Appendix G Environmental Checklist at the time of preparation.

The 2023 Supplemental IS/MND did address wildfire impacts and concluded that the project would have a less than significant impact on wildfire risk and no impact on emergency response, the need for associated infrastructure, or exposure to people of increased risk as a result of postwildfire slope instability.

Locating the BDPS within the WWTP site would not increase wildfire risk. The area within the WWTP is either landscaped or paved, thus, not conducive to high risk of wildfire. Therefore, no new or substantially more severe wildfire impacts would occur as a result of the project changes and no mitigation is required.

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4 CONCLUSION
As described in Section 2, “Project Description,” and Section 3, “Environmental Effects,” none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent document have occurred. As documented throughout the environmental effects discussion, changing the WWTP Phase II Expansion Project to locate the BDPS within the existing WWTP site would:
 not result in any new significant environmental effects, and  not substantially increase the severity of previously identified significant effects.

In addition, no new information of substantial importance has arisen that shows that:
 the project would have new significant effects,
 the project would have substantially more severe effects,  mitigation measures previously found to be infeasible would in fact be feasible, or  mitigation measures that are considerably different from those analyzed in the 2016 IS/MND and 2023 Supplemental IS/MND would substantially reduce one or more significant effects on the environment.

Therefore, the differences between the project as described in the 2016 IS/MND and 2023 Supplemental IS/MND, and as described in Section 2, “Project Description,” constitute changes consistent with State CEQA Guidelines Section 15164. This addendum demonstrates that no subsequent negative declaration is required for the project. 5 LIST OF PREPARERS
Robertson-Bryan, Inc.

Michelle Brown, P.E.....................................................................................Associate Engineer Michael Bryan, Ph.D.......................................................................................Managing Partner

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CITY COUNCIL AGENDA ITEM NO. G.1
12/09/2025
SUBJECT: Waive Second Reading and Adopt an Ordinance Amending Title 15 (Building and Construction) 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
Waive the second reading and adopt 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 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 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.

FISCAL IMPACT
There is no fiscal impact associated with the adoption of this ordinance amending Brentwood Municipal Code Chapters 15.04 and 15.06, other than staff time to prepare the ordinance.

BACKGROUND
Like all cities in California, Brentwood is subject to the California Building Standards Code. Unless a city affirmatively adopts the California Building Standards Code every three years when they are updated by the State, the codes become effective automatically for that city without amendments and certain appendices. However, upon the making of certain findings, cities are able to amend or exempt themselves from provisions of the California codes, including the specific volumes, amendments and appendices of the California Building Standards Code.

The State recently updated the standards, as provided in the 2025 Edition of the

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CITY COUNCIL AGENDA ITEM NO. G.1
12/09/2025
California Building Standards Code, which takes effect on January 1, 2026. The proposed ordinance adopts, by reference, specific volumes, amendments and appendices of the 2025 Edition of the California Building Standards Code. The volumes and appendices were selected to comply with California law, and to include appendices of the California Building Standards Code.

Additionally, California Assembly Bill No. 130, approved by the Governor on June 30, 2025, amended several sections of the California Health and Safety Code related to building codes regulating residential construction. None of the provisions amended by the assembly bill affect the attached Ordinance.

On October 28, 2025, the City Council voted to waive the first reading and move forward with the adoption of the attached Ordinance. 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 was not completed due to the Board’s second reading being rescheduled to the November 18, 2025. At that time, the Board adopted their ordinances, putting Brentwood in a position to move forward with adopting those ordinances by reference in its own Ordinance.

Findings
Under Health and Safety Code sections 17958.5 and 17958.7, a city may adopt modifications to the California Building Standards Code, but only if it first adopts findings that the proposed modifications are reasonably necessary because of local climatic, geological, or topographical conditions. Under this authority, the proposed ordinance would extend an amendment to the 2025 California Plumbing Code section 1208.5 as follows:

Amendment 1: Due to high levels of acid (pH) in the native soil and soil that has been imported for fill, it has been discovered to be highly corrosive on metallic piping placed in the ground. With high levels of pH in the soil, metallic pipes exposed to the soil fail over time. Therefore, a modification to the 2025 California Plumbing Code restricts the use of metallic gas pipes installed underground. Since not all areas contain a high level of pH, an exception to this restriction would be permitted if a soils report indicating an acceptable level of pH is present that will not adversely affect metallic gas pipes in the ground.

California Building Standards Code Appendices

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CITY COUNCIL AGENDA ITEM NO. G.1
12/09/2025
The California Building Standards Code appendices are not part of each California Building Standards Code unless specifically adopted by the State or the City. Under the proposed ordinance, the City would adopt the following appendices:
 California Building Code Part 2 volumes 1 and 2 including:
o Appendix I, Patio Covers
o Appendix J, Grading
o Appendix L, Earthquake Recording Instrumentation
o Appendix P, Sleeping Lofts
o Appendix Q, Emergency Housing
 California Residential Code Part 2.5, including:
o Appendix BF, Patio Covers
o Appendix BJ, Strawbale Construction
o Appendix CI, Swimming Pool Safety Act
o Appendix CJ, Emergency Housing
 California Mechanical Code Part 4, including:
o Appendix B, Procedures to be followed to place gas equipment in operation o Appendix C, Installation and testing of oil (liquid) fuel-fired equipment  California Plumbing Code Part 5, including:
o Appendix A, Recommended Rules for Sizing the Water Supply System o Appendix B, Explanatory Notes on Combination Waste and Vent Systems o Appendix D, Sizing Storm Water Drainage Systems
o Appendix H, Private Sewage Disposal Systems
o Appendix I, Installation Standards
o Appendix J, Combination of Indoor and Outdoor Combustion Air and Ventilation Opening Design
 California Existing Building Code Part 10 including:
o Appendix A, Guidelines for the Seismic Retrofit of Existing Buildings

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

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

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CITY COUNCIL AGENDA ITEM NO. G.1
12/09/2025

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on November 28, 2025.

ENVIRONMENTAL DETERMINATION
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 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.

ALTERNATIVE OPTIONS
Alternative options to the staff recommendation:

1. Do not approve staff’s recommendation;

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

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

ATTACHMENT(S)

1. Previous Action

2. 2025 California Building Standards Code Adoption Ordinance No. 1090

3. Contra Costa County Fire Protection District Ordinance 2025-14

4. Contra Costa County Fire Protection District Ordinance 2025-15

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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

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(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.

On November 12, 2025 the Brentwood City council voted to continue the adoption of Ordinance No. 1090 to December 9, 2025.

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ORDINANCE NO. 1090

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD 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 REQUIRED FINDINGS OF LOCAL CLIMATIC,

GEOLOGICAL, AND TOPOGRAPHICAL CONDITIONS
WHEREAS, each city in California is required to adopt the California Building Standards Code and is authorized to do so by reference (Health and Safety Code § 17922 and Government Code § 50022.2); and
WHEREAS, the 2025 Edition of the California Building Standards Code, Title 24 of the California Code of Regulations, including the 2025 California Administrative Code (Part 1), Building Code (Part 2), Residential Code (Part 2.5), Electrical Code (Part 3), Mechanical Code (Part 4), Plumbing Code (Part 5), Energy Code (Part 6), Historical Building Code (Part 8), Fire Code (Part 9), Existing Building Code (Part 10), Green Building Standards Code (Part 11), and Referenced Standards Code (Part 12), has been published by the California Building Standards Commission and establishes uniform statewide standards for the construction, alteration, and maintenance of buildings, structures, and other improvements; and
WHEREAS, the City desires to adopt by reference portions of the 2025 California Building Standards Code, together with certain amendments, additions, and deletions that are necessary to address local climatic, geological, or topographical conditions; and
WHEREAS, the City has provided notice of, and taken all actions necessary for, the proposed adoption by reference of certain uniform State codes as set forth in this Ordinance and as required by Government Code section 50020, et seq..

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

SECTION 1. 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 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.

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SECTION 2. Under Health and Safety Code sections 17958.5 and 17958.7, the City Council finds the following amendment to the California Plumbing Code is reasonably necessary because of local climatic, geological, or topographical conditions in that: due to the high levels of acid (PH) in the native soil and soil that has been imported for fill, which is highly corrosive on metallic pipe placed in the ground. With these high levels of PH in the soil, when metallic pipe is exposed to the soil, it fails over time. Because not all areas of the City contain the high level of PH, an exception to this restriction is authorized when a soils report indicates an acceptable level of PH.

SECTION 3. Chapter 15.04 (California Building Standards Codes) of the Brentwood Municipal Code is amended in its entirety to read as follows:

Chapter 15.04 CALIFORNIA BUILDING STANDARDS CODES

15.04.010 California Building Standards Code adopted by reference.

A. Adoption. The following volumes and appendices of the California Building Standards Code, 2025 Edition, published by the California Building Standards Commission are adopted by reference:

Part 1, California Administration Code;
Part 2, California Building Code Volumes 1 and 2 including; Appendix I, Patio Covers
Appendix J, Grading
Appendix L, Earthquake Recording Instrumentation
Appendix P, Sleeping Lofts
Appendix Q, Emergency Housing
Part 2.5, California Residential Code including;
Appendix BF, Patio Covers
Appendix BJ, Strawbale Construction
Appendix CI, Swimming Pool Safety Act
Appendix CJ, Emergency Housing
Part 3, California Electrical Code
Part 4, California Mechanical Code including;
Appendix B, Procedures to be followed to Place Gas Equipment in Operation

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Appendix C, Installation and Testing of Oil (liquid) Fuel-Fired Equipment Part 5, California Plumbing Code including;
Appendix A, Recommended Rules for Sizing the Water Supply System Appendix B, Explanatory Notes on Combination Waste and Vent Systems Appendix D, Sizing Storm Water Drainage Systems
Appendix H, Private Sewage Disposal Systems
Appendix I, Installation Standards or PEX Tubing Systems for Hot and Cold Water Distribution
Appendix J, Combination of Indoor and Outdoor Combustion and Ventilation Opening Design
Part 6, California Energy Code
Part 8, California Historical Building Code
Part 10, California Existing Building Code including;
Appendix A, Guidelines for the Seismic Retrofit of Existing Buildings Part 11, California Green Building Standards Code
Part 12, California Referenced Standards
B. Copy Available. A copy of the California Building Standards Code is on file in the City of Brentwood Community Development Department for use and examination by the public.

C. Fees. The fees for permits issued under this chapter are those established by resolution of the City Council.

D. Enforcement of Penalties. The City may enforce this Chapter 15.04 by any means set forth in the California Building Standards Codes or in Brentwood Municipal Code Title 1 (General Provisions).”

15.04.020 Amendments.

The 2025 California Plumbing Code is hereby amended by the changes, additions and deletions set forth in this section, and section numbers below refer to that Code:
“CPC section 1208.5: High levels of acid (PH) found in many locations throughout the city from natural soils and imported soils have proven to have a highly corrosive effect on metallic piping laid underground. The city prohibits the use of metallic gas

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piping underground without the approval of the city’s chief building official and a soils analysis showing a level of (PH) that will not corrode metallic piping.” SECTION 4. Chapter 15.06 (California Building Standards Code Fire Code) of the Brentwood Municipal Code is amended in its entirety to read as follows:

Chapter 15.06 California Building Standards Code Fire Code and WildlandUrban Interface Code

15.06.010 California Fire Code, California Code of Regulations, Title 24, Part 9 adopted by reference.

A. Adoption. The California Building Standards Code, 2025 edition, published by the California Building Standards Commission Part 9 (The California Fire Code), as amended by Contra Costa County Fire Protection District Ordinance 2025-14, including findings supporting amendments to the 2025 California Building Standards Code Part 9 (The California Fire Code) is adopted by reference.

B. Copy Available. A copy of the California Building Standards Code Fire Code is on file in the City of Brentwood Community Development Department for use and examination by the public.

C. Fees. The Fees for permits under this chapter are those established by Contra Costa County Fire protection District.

D. Delegation of enforcement to Fire Chief. Pursuant to California Health and Safety Code 13869.7, the City Council delegates enforcement of Ordinance 2025-14 to the Fire Chief of the Contra Costa County Fire Protection District, or his or her authorized representative.

15.06.020 California Building Standards Code Part 7 Wildland-Urban Interface Code adoption by reference:

A. Adoption. The California Building Standards Code, 2025 edition, published by the California Building Standards Commission Part 7 (California Wildland-Urban Interface Code), as amended by Contra Costa County Fire Protection District Ordinance 2025- 15, including findings supporting amendments to the 2025 California Building Standards Code Part 7 (The California Wildland–Urban Interface Code) is adopted by reference.

B. Copy Available. A copy of the California Wildland-Urban Interface Code is on file in the City of Brentwood Community Development Department for use and examination by the public.

C. Fees. The fees for permits issued under this chapter are those established by resolution of the City Council.

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D. Enforcement of Penalties. The City may enforce this Chapter 15.06.020 by any means set forth in the California Building Standards Codes or in Brentwood Municipal Code Title 1 (General Provisions).”
SECTION 5. This 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 requested to cause the text amendment and additions in Sections 3 through 4 to be entered in the City of Brentwood Municipal Code. The City Clerk is further requested to file this ordinance with the California Building Standards Commission, under Health and Safety Code section 17958.7. This ordinance shall take effect 30 days after its adoption; provided, however, that where complete plans for building have been filed and are pending for building permits prior to the effective date of this Ordinance, permits may be issued, and the applicant may proceed with construction in strict compliance with the California Building Standards Codes, 2022 Editions, California Code of Regulations, Title 24, as adopted by Ordinance No. 1049 and amended therein.

SECTION 6. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

SECTION 7. Unless superseded, references in City forms, documents, and regulations regarding the California Building Standards Codes, 2022 Editions, California Code of Regulations, Title 24, as adopted by the City of Brentwood, shall be construed to apply to the corresponding provisions contained within the 2025 Editions, California Code of Regulations, Title 24, as adopted and amended in this ordinance.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 28th day of October 2025 by the following vote:

AYES: Maloney, Pierson, Mendoza, Oerlemans, Mayor Meyer NOES:

ABSENT:

RECUSE:

THIS ORDINANCE was adopted with the second reading waived at a regular meeting of the City Council of the City of Brentwood on the 9th day of December 2025, by the following vote:

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ORDINANCE NO. 2025-15
1 ORDINANCE NO. 2025-15
(Adoption of the 2025 California Wildland-Urban Interface Code with Local Amendments) The Contra Costa County Board of Supervisors, as the Board of Supervisors for Contra Costa County and as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District, ordains as follows:

SECTION 1. SUMMARY. This ordinance adopts the 2025 California Wildland-Urban Interface Code (California Code of Regulations, Title 24, Part 7), subject to the changes, additions, and deletions that are necessary because of local climatic, geological, or topographical conditions. This ordinance is adopted pursuant to Health and Safety Code sections 17922, 17958, 17958.5, and 17958.7, and Government Code sections 50020 through 50022.10.

SECTION 2. 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE WITH LOCAL AMENDMENTS. Chapter 722-4 (Wildland-Urban Interface Code) is added to the County Ordinance Code, to read:

Chapter 722-4

WILDLAND-URBAN INTERFACE CODE
722-4.002 Adoption. The 2025 California Wildland-Urban Interface Code (California Code of Regulations, Title 24, Part 7), including Chapters 1-7, Appendix A, Appendix B, Appendix C, Appendix F, Appendix G, and Appendix H, as amended the changes, additions, and deletions set forth in this chapter, is adopted by this reference as though fully set forth herein as the WildlandUrban Interface Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District. The provisions of this chapter are controlling and enforceable within the limits of each jurisdiction. (Ord. 2025-15 § 2.) 722-4.004 Local Amendments. The 2025 California Wildland-Urban Interface Code is amended by the changes, additions, and deletions set forth in this section. Chapter and section numbers used below are those of the 2025 California Wildland-Urban Interface Code (“WUIC”):
(a) Section 1.1.2 (Purpose) of WUIC Chapter 1 (Administration) is amended to read:

1.1.2 Purpose. The purpose of this code is to: (1) establish minimum requirements to reduce the likelihood of life and property loss due to a wildfire through the use of performance and prescriptive requirements for construction and development in all Fire Hazard Severity Zones in State Responsibility Areas (SRA), and Local Responsibility Areas (LRA) designated as a Very High or High Fire Hazard Severity Zone; (2) increase the ability of buildings located in any Fire Hazard Severity Zone within State Responsibility Areas (SRA), or WildlandUrban Interface (WUI) Areas, to resist the intrusion of flames or embers projected by a fire; and (3) contribute to a systematic reduction in conflagration losses and reduce the likelihood of life and property loss due to a wildfire.

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ORDINANCE NO. 2025-15
2 (b) Section 101.1 (Title) of WUIC Chapter 1 (Administration) is amended to read:
[A] 101.1 Title. These regulations shall be known as the California WildlandUrban Interface Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, hereinafter referred to as “this code.”
(c) Section 101.3.1 (Application) of WUIC Chapter 1 (Administration) is amended to read:
101.3.1 Application. New buildings and structures with residential, commercial, educational, institutional or similar occupancy type use, which shall be referred to in this code as “applicable buildings,” as well as new buildings and structures accessory to those applicable buildings, located in any of the following:

A. All lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA).

B. Lands in Local Responsibility Area (LRA) identified by the State Fire Marshal as High or Very High Fire Hazard Severity Zone.

C. Land designated as a High or Very-High Fire Hazard Severity Zone by cities and other local agencies.

D. Land designated as a Wildland-Urban Interface Area by cities and other local agencies.

Exceptions:

1. Group U occupancy accessory buildings of any size located at least 50 feet (15 240 mm) from an applicable building on the same lot.

2. Group U occupancy agricultural buildings, as defined in Section 202 of the California Building Code of any size located at least 50 feet (15 240 mm) from an applicable building.

3. Group C occupancy special buildings conforming to the limitations specified in Section 450.4.1 of the California Building Code.

4. New accessory buildings and miscellaneous structures specified in Section 504.11 shall comply only with the
requirements of that section.

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ORDINANCE NO. 2025-15
3 (d) Section [A]101.5 (Additions or alterations) of WUIC Chapter 1 (Administration) is amended to read:
[A] 101.5 - Additions or alterations.

A. Additions or alterations shall be permitted to be made to any existing building or structure without requiring the existing building or structure to comply with the requirements of this code, provided that the addition or alteration conforms to all applicable requirements of this code that apply to a new building or structure.

Exceptions:

1. The existing building or structure must meet any provisions of this code that expressly apply to an existing building or structure retroactively.

2. If a substantial addition or substantial alteration is made to any existing building or structure, the existing building or structure, and the substantial addition or substantial alteration, must comply with all requirements of this code.

B. Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this code, nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration: (a) will cause the existing building or structure to become structurally unsafe or overloaded; (b) will not provide adequate access in compliance with the provisions of this code or will obstruct existing exits or access; (c) will create a fire hazard; (d) will reduce required fire resistance; or (e) will otherwise create conditions dangerous to human life.
(e) Section 202 (Definitions) of WUIC Chapter 2 (Definitions) is amended by adding the following two new definitions, to read:

Substantial Addition. Any change to an existing building or structure that meets both of the following criteria:
(a) adds gross floor area that exceeds fifty percent of the gross floor area of the existing building or structure; and
(b) results in the building or structure and the addition having a combined new gross floor area of 5,000 square feet or more.

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ORDINANCE NO. 2025-15
4 Substantial Alteration. Any change to an existing building or structure that meets both of the following criteria within a one-year period:
(a) The removal of fifty percent or more of the linear length of any interior or exterior wall of the building or structure; and
(b) The removal and replacement of fifty percent or more of the area of the building or structure’s roof.
(f) Section 508 (Non-Combustible Fences in Wildland-Urban Interface Fire Areas) is added to WUIC Chapter 5 (Special Building Construction Regulations), to read:

Section 508 - Non-Combustible Fences in Wildland-Urban Interface Areas. 508.1 Scope. Unless an exception applies, new residential subdivisions must satisfy the fencing requirements of Sections 508.2 and 508.3, if the subdivision meets both of the following criteria: (a) the subdivision includes 30 or more dwelling units; and (b) any portion of the subdivision is located within or abuts a designated Wildland-Urban Interface Area.
508.2 General Requirement. All fencing regulated by this section shall be constructed of non-combustible materials, or materials approved for a minimum one-hour fire-resistance rating. For purposes of this requirement, fencing includes fence posts, rails, pickets, panels, post caps, gates, decorative features, and appurtenances.
508.3 Location.

A. If a lot or any portion of a lot is located within a Wildland-Urban Interface Area, all perimeter fencing within that lot and all fencing within 30 feet of a structure on that lot or an adjacent lot shall comply with Section 508.2.

B. Any fencing that abuts a Wildland-Urban Interface Area shall comply with Section 508.2, even if the lot on which the fencing is located is not within a Wildland-Urban Interface Area.

C. Any fencing located within five feet of a structure on any lot must comply with Section 508.2, regardless of whether any portion of the lot is located within or adjacent to a Wildland-Urban Interface Area.
508.4 Exception. Temporary fencing for construction or erosion control is not required to comply with this Section 508, provided it is removed within 180 days of installation.
(Ord. 2025-15 § 2.)
///
///

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ORDINANCE NO. 2025-15
5 722-4.006 References to Prior Code. Unless superseded and expressly repealed, references in city forms, documents, and regulations to the chapters and sections of any prior version of the Wildland-Urban Interface Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District shall be construed to apply to the corresponding provisions contained within the 2025 Wildland-Urban Interface Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District. (Ord. 2025-15 § 2.)
722-4.008 Validity. The Contra Costa County Board of Supervisors declares that if any section, paragraph, sentence, or word of this chapter, or of the 2025 California Wildland-Urban Interface Code as adopted and amended herein, is declared for any reason to be invalid, it is the intent of the Contra Costa County Board of Supervisors that it would have passed all other portions or provisions of this ordinance independent of the elimination here from any portion or provision as may be declared invalid. (Ord. 2025-15 § 2.)
722-4.010 More Restrictive Requirements. If requirements more restrictive than those in this chapter are adopted by the city of Antioch, Bay Point, Bethel Island, Brentwood, Byron, Clayton, Concord, Discovery Bay, Hercules, Knightsen, Lafayette, Martinez, Oakley, Pittsburg, Pleasant Hill, San Pablo, or Walnut Creek, or the County of Contra Costa, those more-restrictive requirements will apply only within the jurisdiction adopting those requirements. (Ord. 2025-15 § 2.)
SECTION 3. EFFECTIVE AND OPERATIVE DATES. This ordinance becomes effective 30 days after passage. This ordinance becomes operative January 1, 2026, or 30 days after passage, whichever is later. Within 15 days of passage, this ordinance shall be published once in the East Bay Times, a newspaper published in this County. This ordinance shall be published in a manner satisfying the requirements of Government Code section 25124, with the names of supervisors voting for and against it.

PASSED on ___________________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: MONICA NINO, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________ [SEAL]
Deputy

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CITY COUNCIL AGENDA ITEM NO. G.2
12/09/2025
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.

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.

FISCAL IMPACT
There is no fiscal impact associated with the action. Amending the Affordable Housing Ordinance to an 18% requirement is anticipated to 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.

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As stated in the City’s 6th Cycle Housing Element, the purpose of the Affordable Housing Program is to:
 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;
 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; Brentwood 2023-2031 Housing Element Section 3: Housing Constraints, Resources, and Fair Housing 3-26
 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
 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.

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 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 and the possible impact on the City’s housing development, State and Federal Housing Laws, Density Bonus activation, and other Constitutional Matters. 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%

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CITY COUNCIL AGENDA ITEM NO. G.2
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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 by the City Council on March 12, 2024 by Ordinance No. 1068, and corrected in the attached draft amendment.

At the November 12, 2025 City Council meeting, staff requested a continuance of this item to a future meeting due to a noticing oversight. The City Council approved the continuance of this item to the December 9, 2025 City Council meeting.

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,

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12/09/2025
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.

Regional Inclusionary Housing Requirements
For Council’s reference, staff conducted a brief survey in 2024 of the affordable housing inclusionary requirements of other cities in the region; these are listed below. (Please note that several cities have varying percentage requirements depending on the target household income for the affordable units.) As the table shows, many cities in the region have an affordable housing inclusionary requirement between 10% and 20%.

Affordable Housing Inclusionary Ordinance Requirement – Other Cities City/County Population Affordable Housing Requirement
Contra Costa County
Brentwood 64,811 13% (current ordinance)
Antioch
115,632
None currently, though 15% requirement is being
drafted for City Council consideration1
Clayton 10,683 10%
Concord 121,513 6% rental, 15% ownership
Contra Costa County 174,289 15%

1 Per direction provided to staff at the Antioch City Council’s September 16, 2025 special meeting

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City/County Population Affordable Housing Requirement
Danville 42,567 10% (20 units or less), 15% (21+ units) El Cerrito 25,700 10% rental, 12% ownership
Hercules 26,063 10%
Lafayette 24,808 15%
Martinez 36,439 None.

Moraga 16,784 10%
Oakley 45,736 None.

Orinda 19,191 None.

Pinole 18,192 15%
Pittsburg 75,085 6%–15% rental, 15%-20% ownership
Pleasant Hill 33,352 5% or 10% for most housing types
Richmond 112,735 9%-10% rental, 7-10% owner
San Pablo 31,088 None.

San Ramon 82,525 15%
Walnut Creek 69,433 6%-10%
Alameda County
Alameda 78,071 15%
Albany 20,325 15%
Berkeley 125,327 20%
Dublin 72,917 12.5%
Emeryville 13,314 15% rental, 20% ownership
Fremont 229,250 10% rental, 15% ownership
Hayward 159,770 6% rental, 7.5% or 12% ownership
Livermore 84,828 10% in Downtown, 15% outside Downtown
Newark 46,635 Rental only– 10% in Downtown, 15% outside Pleasanton Downtown 75,960 15% multifamily, 20% single family San Leandro 87,098 15%
Union City 66,432 15%
Potential Impacts on Development Costs
On November 19, 2025, the City received a copy of a letter (attached) that the Building Industry Association Bay Area (BIA) sent to HCD asking HCD to require the City to revise its Housing Element and claiming, without evidence, that the City’s increase from 13 percent to 18 percent “…will absolutely pose a constraint to the development and cost of housing in Brentwood.” The development community often

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cites local ordinances such as inclusionary housing ordinances as constraints to development. It is possible that the development of affordable units may increase overall development costs and cut developer’s profit margins, and increased costs may be passed on to market-rate owners and renters. However, in order to eliminate or reduce constraints in the development of housing in Brentwood, in some circumstances, the City offers concessions and construction incentives. The City may offer incentives or financial assistance to encourage compliance with requirements of the Affordable Housing Program. Such incentives may include, but are 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:
 Development Processing Fee Deferral;
 Development Impact Fee Deferral;
 Density Bonus;
 Flexible Design Standards - including, but not limited to, the following:
o Reduced lot sizes;
o Reduced setback requirements;
o Reduced open space requirements;
o Construction of duets, duplexes, triplexes or fourplexes on corner lots within single-family areas;
o Reduced landscaping requirements;
o Reduced parking requirements;
o Height restriction waivers.
 Fast Track Processing;
 Direct Financial Assistance; or
 Additional Concessions and Incentives the City Council may consider, on a case-by-case basis, at its sole discretion.

Alternative Equivalents include:
 Dedication of Vacant Developable Land;
 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;  Dedication of Affordable Units to the City of Brentwood; or  Other Means of Fulfilling Affordable Housing Requirements subject to City Manager or designee approval.

The off-site construction or conversion of off-site market rate units to affordable units has been the most popular option amongst developers, including the Parkside Villas

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project currently under construction. This has proven effective in the ultimate construction of affordable units.

Due to concessions and construction incentives offered to developers, the Housing Element certified by HCD on April 12, 2024, determines that the Affordable Housing Program does not pose a constraint to the development or cost of housing in Brentwood. The concessions and construction incentives offered to developers in Brentwood often result in increased profit margins and project feasibility for developers.

CONCLUSION
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 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
The City of Brentwood published a public hearing notice in the Brentwood Press on November 28, 2025.

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.

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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

2. CC Staff Report of 5/27/25

3. Draft Affordable Housing Ordinance (Exhibit A)

4. November 19, 2025 BIA Bay Area Letter

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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.

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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

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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 Brentwood residents").

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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 9th day of December 2025, by the following vote:

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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;

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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.

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“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

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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.

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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

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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.

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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.

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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);

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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.

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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:

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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.

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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

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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.

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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.

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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.

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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.

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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)

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Delivered via email [email protected]
DATE: Nov. 19, 2025
TO: Paul McDougall, Manager, Division of Housing Policy Development California Dept. of Housing & Community Development
FROM: BIA|Bay Area East Bay Governmental Affairs Executive Director Lisa Vorderbrueggen
CC: Brentwood Community Development Director Alexis Morris RE: Brentwood Inclusionary Increase to 18 Percent
Dear Mr. McDougall:

BIA|Bay Area respectfully requests that HCD reevaluate Brentwood’s state-certified 2023-2032 (April 12, 2024) Housing Element (HE) on the grounds that the city is preparing to impose a significant new governmental constraint on housing production.

On Nov. 12, 2025, the Brentwood City Council adopted on a first reading an increase from 13 percent to 18 percent in its inclusionary mandate on all new residential development. The second reading is scheduled for public hearing on Dec. 9, 2025.

The city failed to disclose in its housing element plans to increase the inclusionary percentage despite a city council directive on March 12, 2024 – a month prior to the date HCD certified Brentwood’s Housing Element – asking staff to prepare a “future agenda item to discuss options related to increasing the Affordable Housing Ordinance’s 13 percent affordable housing obligation.” (Page 2, Staff Report dated May 27, 2025.) Instead, the city concluded with no reference to a potential increase in the requirements that its existing affordable housing program did not constrain housing production:

Due to concessions and construction incentives offered to developers, it has been determined that the Affordable Housing Program does not pose a constraint to the development or cost of housing in Brentwood. (Page 3-28) An increase to 18 percent will absolutely pose a constraint to the development and cost of housing in Brentwood. If adopted, the rate would exceed inclusionary percentages found in nearly every other jurisdiction in the Bay Area. It would also come at a time when cities in some of the Bay Area’s most expensive real estate markets are reducing inclusionary levels and impact fees to stimulate lagging home construction. Among the examples are:

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Page | 2
• Oakland – Temporarily eliminated the affordable housing impact fee in specific zones through 2028.
• Redwood City – Temporarily reduced its affordable housing requirements for pipeline projects.
• San Francisco – Temporarily reduced inclusionary percentages to 12 percent for onsite affordable units and 16 percent for off-site units or in-lieu fees, down from previous rates of 22-24 percent and 30-33 percent respectively. The city also temporarily reduced certain impact fees for projects that meet construction deadlines. • San Jose – Adopted a Multifamily Housing Incentive Program that reduced the affordable housing in-lieu fee for certain high-density multifamily developments. • Sonoma County – Adopted a temporary development impact fee reduction program that waives impact fees for affordable housing projects in unincorporated areas. Effective on Feb. 1, 2025, the program is designed to incentivize the construction of affordable housing by eliminating fees for roads and parks.

In light of Brentwood’s pending substantial increase in its inclusionary housing mandate, it is imperative that HCD take decisive action to safeguard housing production in the region.

Approving this change without proper review would set a concerning precedent, especially as neighboring jurisdictions are actively reducing barriers to homebuilding to address critical housing shortages.

We strongly urge HCD to require Brentwood to amend its housing element, ensuring transparency and alignment with proven strategies that foster — not hinder — affordable housing development. The future of Brentwood’s housing market, and the broader Bay Area’s ability to meet its housing goals, depends on a thorough and timely response.

Please let us know if you require additional information or would like to discuss this matter further.

Sincerely yours,
Lisa A. Vorderbrueggen
BIA|Bay Area East Bay Executive Director for Government Affairs 1000 Burnett Ave., Ste. 340, Concord, CA 94520
925-348-1956 (cell)
[email protected]
LINKS:

Brentwood City Council Agenda Packet, Nov. 12, 2025: https://pubbrentwood.escribemeetings.com/Meeting.aspx?Id=7af7c7f3-420c-4aac-9e70- 754e8340ee11&Agenda=Agenda&lang=English&Item=40&Tab=attachments Brentwood 2023-2031 Housing Element:
https://www.brentwoodca.gov/home/showpublisheddocument/8927/638485171206900000

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CITY COUNCIL AGENDA ITEM NO. H.1
12/09/2025
SUBJECT: City Council Committees and Committee Assignments DEPARTMENT: City Manager’s Office
STAFF: Amanda McVey, City Clerk
G. Harold Duffey, 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 amended/new committees and approve, by motion, the committees, appointments and descriptions.

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

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 2026 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 2026 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:

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

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CITY COUNCIL AGENDA ITEM NO. H.1
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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 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

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CITY COUNCIL AGENDA ITEM NO. H.1
12/09/2025
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.

Amended/New Ad-Hoc Committees
2026 Commissions Interview Committee (Ad-Hoc): This committee will evaluate all Arts Commission and Park & Recreation 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.

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CITY COUNCIL AGENDA ITEM NO. H.1
12/09/2025
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.

Social Nuisance Ordinance Development Committee (Ad-Hoc): This committee has been established for the purpose of developing a Social Nuisance Ordinance for Council consideration. This ad-hoc committee will be dissolved upon Council acceptance of its final recommendation or by July 1, 2026.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

PREVIOUS ACTION
Not Applicable

ALTERNATIVE OPTION(S)

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

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

ATTACHMENT(S)

1. Draft Appointment List

2. Sample Month Calendar of Chamber Usage and Regional Meetings

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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 Maloney/Mendoza Budget and Debt Management Ad-Hoc As Needed Mendoza/Oerlemans Social Nuisance Ordinance Development Committee Ad-Hoc As Needed Maloney/Mendoza

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

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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

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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.

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CITY COUNCIL AGENDA ITEM NO. H.2
12/09/2025
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

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CITY COUNCIL AGENDA ITEM NO. H.2
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Sections 3500–3511), any modifications to the MOUs must be mutually agreed upon by both parties.

The current language in the respective Memorandums 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

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CITY COUNCIL AGENDA ITEM NO. H.2
12/09/2025

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)

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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.

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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 of Brentwood 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 Memorandums 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 9th day of December 2025, by the following vote:

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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. Holiday pay is compensation for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to the holiday.

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

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Brentwood City CouncilDecember 9, 2025

Brentwood City Council
December 9, 2025