Cities Index.
Agenda packet, second session

Brentwood City Council
January 13, 2026

Document
Agenda packet, second session
Meeting
January 13, 2026
Body
Brentwood City Council
Pages
148
Original file
11.4 MB
Text extracted from the city's file for reading and search. Open the original on pub-brentwood.escribemeetings.com. That file is the official record.

JANUARY 13, 2026, 7:00 PM

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

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

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

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

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

3. E-MAIL
a. Public comments can also be submitted via e-mail to [email protected]. Any public comments received up until 3:00 p.m. of the meeting date will be:

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

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

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

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

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

January 13, 2026, 7:00 p.m.

City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. PRESENTATIONS
C.1 Willy's Bagel 30-year Anniversary Recognition
C.2 Contra Costa County Fire Protection District: Fire Facilities Update C.3 SB 1383 Outreach Update
D. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.

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

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

In order to ensure that all speakers feel welcome to share their views, members of the audience are kindly requested to refrain from applauding or speaking to the Council from the audience without being called upon first.

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

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

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

F.1 Meeting Minutes of the City Council
City Council / Successor Agency Meeting Minutes of December 9, 2025 Special City Council Meeting Minutes of January 6, 2026 F.2 Proclamation recognizing January 16, 2026 as Religious Freedom Day F.3 Proclamation recognizing January 19, 2026 as Martin Luther King, Jr. Day F.4 Recognized Obligation Payment Schedule (ROPS) 26-27 Title/Recommendation
Staff recommends adopting a Resolution of the Successor Agency to the Brentwood Redevelopment Agency (“Successor Agency”) approving the Recognized Obligation Payment Schedule (“ROPS”) and Administrative Budget for July 2026 – June 2027, and authorizing the Director of Finance and Information Systems, or their designee, in consultation with the General Counsel, to make minor adjustments thereto, as necessary, to secure approval of the ROPS and/or the Administrative Budget by the State Department of Finance; and to undertake other actions necessary to carry out the purposes of the resolution.

F.5 Waive second reading and adopt an ordinance repealing and replacing Chapter 17.725 of the City of Brentwood Municipal Code relating to the City’s Affordable Housing Ordinance Title/Recommendation
Staff recommends that the City Council waive the second reading and adopt an ordinance repealing and replacing Chapter 17.725 of the City of Brentwood Municipal Code relating to the City’s Affordable Housing Ordinance.

F.6 Informational Report on City of Brentwood Comments on the Draft Plan Bay Area 2050+ Title/Recommendation
Receive and file an Information Report on the comment letter submitted by the City Manager on the Draft Plan Bay Area 2050+ and the Draft Plan Bay Area 2050+ Environmental Impact Report.

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

G.1 Purchase five replacement vehicles, one new vehicle, and authorize the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $1,596,083; and amend the FY 2025/26 Operating Budget
Title/Recommendation
Adopt a Resolution approving the purchase of five replacement vehicles (one front loader waste collection truck, one street sweeper, one Ford Explorer and two Police Interceptors) and one new roll-off waste collection truck; authorizing the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $1,596,083; and amending the 2025/26 Vehicle and Equipment Replacement Fund (VERF) Operating Budget by $356,036.

G.2 Policy guidance relative to out-of-service area service agreements Title/Recommendation
Staff is asking Council to provide direction relative to requests for City provided utility services outside of City limits.

G.3 Declare Official Intent of the City to Reimburse Itself for Certain Capital Expenditures From the Proceeds of Indebtedness
Title/Recommendation
Adopt a Resolution declaring the official intent of the City to reimburse itself for certain capital expenditures from the proceeds of indebtedness.

Staff recommends that the City Council approve this action, which will allow the City to utilize proceeds from the planned issuance of a wastewater bond to reimburse costs incurred on the Wastewater Treatment Plant (WWTP) Expansion – Phase II, CIP Project

Page 2 of 148 ends

#592-59140 (“Project”). Without this action, bond proceeds cannot be used to cover costs incurred prior to the actual issuance of the bond. This action does not commit the City to issuing a future bond.

G.4 Award of contract to R & R Pacific Construction for the Jeffery Way Utility Extension Improvement Project, Phase 1 of the CIP Project No. 336-31695 Title/Recommendation
Adopt a Resolution approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents for the Jeffery Way Utility Extension Improvement Project (“Project”), Phase 1 of the CIP Project No. 336-31695 with R & R Pacific Construction as the lowest responsible and responsive bidder in the amount of $2,451,506, plus funding authorization for a 15% contingency of $367,726, for a total funding authorization not-to-exceed amount of $2,819,232.

This Project is exempt from the California Environmental Quality Act (“CEQA”) in accordance with the Public Resources Code Section 21080.21, and a CEQA Notice of Exemption was filed with the Contra Costa County Clerk Recorder on December 18, 2025.

G.5 City Council Committees and Committee Assignments
Title/Recommendation
Staff recommends that the City Council 1) review the City Council committees, assignments and descriptions, and approve, by motion, the committees, schedules, appointments and descriptions of currently established committees; and 2) review amended/new committees and approve, by motion, the committees, appointments and descriptions.

H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
I. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.

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

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

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

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

POSTING STATEMENT

Page 3 of 148 ends

On January 8, 2026, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

Page 4 of 148 ends

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
December 9, 2025, 7:00 p.m.

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

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

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

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

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

Danny Dohrmann, Becky Ramirez Alcantar, Rudy Ramirez, Frances, Paul Ramirez, Rich Ramirez, Rudy Ramirez, Frank Sterling, Maria Dominguez, provided comments regarding the Brentwood Police Department's interaction with Yolanda Ramirez on September 26, 2025.

Owen Spishock, Chair, and Rojan Habon, Treasurer, of the Youth Commission provided an update on events recently attended as well as upcoming events the Youth Commission will be hosting.

Dana Eaton, Co-President of the Brentwood Regional Community Chest extended his appreciation to the Council and City Staff for their participation in the December 5th Food Drive and upcoming Toy Drive.

Adam Martinez, President of Brentwood Chamber of Commerce, provided comments in recognition of Assistant City Manager, Darin Gale's service with the City of Brentwood.

Jessica Cisneros shared upcoming community events being hosted by Assemblymember Anamarie Ávila Farías' office.

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

The City Council recessed at 7:32 p.m. and reconvened in Open Session at 7:39 p.m.

Page 5 of 148 ends

2 D. PRESENTATIONS
D.1 California Advancing and Innovating Medi-Cal (CalAIM) Grant Program Update
Lindsay Pinell, Recreation Supervisor, and Allison Liu, Contra Costa Health Plan Quality Manager, presented an update on the CalAIM Grant Program.

D.2 Pavement Management Program Update
Vatsal Patel, Engineering Manager, presented an update on the Pavement Management Program.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Oerlemans reported on attendance at: Police Activities League Tamale Fest; Thanksgiving Breakfast for on duty Brentwood First Responders; Swearing In for Officers Tidwell and Beltran; and the Christmas Parade and Tree Lighting Event in downtown Brentwood.

Council Member Mendoza reported on attendance at: the Christmas Parade and Tree Lighting Event in downtown Brentwood; Tree Lighting at Streets of Brentwood; Working Wonders Fundraiser; and the Brentwood Food Drive Event.

Vice Mayor Pierson reported on attendance at: Turkey Drives with Assemblymember Anamarie Avila Farias and also with Rock Church; Oakley on Ice; Tree Lighting at Streets of Brentwood; Green Empowerment Zone meeting; the Christmas Parade and Tree Lighting Event in downtown Brentwood; and the Military/Veteran Banner Program.

Council Member Maloney reported on attendance at: meeting with Liberty Union High School District Superintendent Denise Rugani regarding the Youth Summit; prepared a Social Ordinance outline; co-authored a Communication Policy with Vice Mayor Pierson; continued contact with the Highland/Alder Creek community; visited Brentwood businesses off of Lone Tree Way and Sand Creek Road; spoke with staff from Supervisor Diane Burgis' office regarding Fire Station 90 the upcoming Youth Center and the East County Service Center; met with PG&E Governmental Affairs Representative, Bielle Moore; served as key-note speaker for Soroptimist S Club; and attended the Christmas Parade and Tree Lighting Event in downtown Brentwood.

Mayor Meyer reported on attendance at: the Christmas Parade and Tree Lighting Event in downtown Brentwood; Health Care Literacy Council Launch at Kaiser; Age and Disabilities Friendly Communities meeting; Contra Costa Health Webinar on Behavioral Health; Accessible Transportation Town Hall with Assemblywoman Lori Wilson; and the regional Delta Six meeting.

Page 6 of 148 ends

3 F. CONSENT CALENDAR
Council Member Maloney requested to add Soroptimist International Foundation Day, annually recognized on December 10th, to the approved list of Proclamations for 2026.

Council Member Mendoza requested to pull item F.7 for discussion.

Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
The Council, by motion, moved to adopt the Consent Calendar as recommended by staff, with the inclusion of Soroptimist International Foundation Day to Item F.5.

Roll Call Vote:

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
F.1 Proclamation recognizing October 19-25, 2025 as National Friends of Libraries Week
By Proclamation, recognized October 19-25, 2025 as National Friends of Libraries Week.

F.2 Proclamation recognizing December 2025 as National Giving Month By Proclamation, recognized December 2025 as National Giving Month.

F.3 Proclamation recognizing January 2026 as National Slavery and Human Trafficking Prevention Month
By Proclamation, recognized January 2026 as National Slavery and Human Trafficking Prevention Month.

F.4 Proclamation recognizing January 9, 2026 as National Law Enforcement Appreciation Day
By Proclamation, recognized January 9, 2026 as National Law Enforcement Appreciation Day.

F.5 Consideration of the proposed list of Proclamations for 2026 Approved the proposed list of Proclamations for 2026, including the addition of Soroptimist International Foundation Day, annually recognized on December 10th.

F.6 Meeting Minutes of the City Council
Approved meeting minutes of the City Council / Successor Agency Meeting Minutes of July 23, 2024, December 10, 2024, January 14,

Page 7 of 148 ends

4 2025; November 12, 2025, and the Special City Council Meeting of November 12, 2025.

F.7 Combined Community Facilities District (CFD) Annual Report for Special Taxes Levied for Fiscal Year 2024/25
Received the Combined Community Facilities District (CFD) Annual Report for Special Taxes Levied for Fiscal Year 2024/25, which ensures compliance and requires an annual report be filed with the Legislative body for voter approved special taxes.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?la wCode=GOV§ionNum=50075.3
F.8 Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2024/25
Received the Supplement to the Annual Report on the Low and Moderate Income Housing Fund for Fiscal Year 2024/25, which ensures compliance with requirements for Housing Successors included in Senate Bill 341 (SB 341). This report will be submitted to and filed with the Department of Housing and Community Development (HCD) as an addendum to the Annual Progress Report that will be prepared in Spring 2026.

F.9 2024/25 Development Impact Fee Report
Received the Development Impact Fee Report for Fiscal Year 2024/25, which ensures compliance with California Government Code Sections 66006(b) and 66001(d), and requires an annual report providing specific information about those fees be prepared and made available to the public.

F.10 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
Adopted Resolution 2025-114 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.” F.11 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
Adopted Resolution 2025-115 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.

Page 8 of 148 ends

5 F.12 Accept the Parkside Villas, Subdivision No. 8982, in-tract public improvements for maintenance and take associated actions Adopted Resolution 2025-116 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.

F.13 Accept the Brentwood Country Club Phase I and II, Subdivision No. 9486 & 9360, in-tract public improvements for maintenance and take associated actions
Adopted Resolution 2025-117 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.

F.14 Informational Report on Final Map of Subdivision No. 9435, Inez Estates, developed by Cyrus Land Investments, LLC
Received for filing, 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).

F.15 Addendum to the Mitigated Negative Declaration for the Wastewater Treatment Plant Expansion – Phase II Project
Adopted Resolution 2025-118 approving the Addendum to the Mitigated Negative Declaration for the Wastewater Treatment Plant – Phase II Expansion Project, CIP Project No. 592-59140.

G. PUBLIC HEARINGS
G.1 Waive Second Reading and Adopt an Ordinance Amending Title 15 (Building and Construction) Chapters 15.04 and 15.06 of the Brentwood Municipal Code
Alexis Morris, Director of Community Development, presented the item.

Mayor Meyer opened the public hearing.

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

Page 9 of 148 ends

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

Amanda McVey, City Clerk, read the title of the Ordinance into the record.

Moved by: Tony Oerlemans, Council Member
Seconded by: Jovita Mendoza, Council Member
Waived the second reading and adopted 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.

Roll Call Vote:

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
G.2 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 Alexis Morris, Director of Community Development, presented the item.

Mayor Meyer opened the public hearing.

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

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

Amanda McVey, City Clerk, read the title of the Ordinance into the record.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
Introduced and waived the first reading of an Ordinance 1091 of the City of Brentwood repealing and replacing Chapter 17.725 of the City of Brentwood Municipal Code Relating to the Affordable Housing Program to include the added amendment, "Continue to offer all

Page 10 of 148 ends

7 concessions and incentives available to qualifying residential developments under applicable state and local laws." shown as item number five under section 17.725.001 Title and purpose of provisions.

Roll Call Vote:

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
H. BUSINESS ITEMS
H.1 City Council Committees and Committee Assignments
Mayor Meyer continued this item to a future meeting.

H.2 Adopt the Side Letter between the City of Brentwood and the Brentwood Police Officers’ Association
Teresa Fairbanks, Human Resources Manager, presented the item.

Mayor Meyer opened public comments.

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

Moved by: Tony Oerlemans, Council Member
Seconded by: Jovita Mendoza, Council Member
Adopted Resolution 2025-119 and 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 clarified 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.

Roll Call Vote:

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
H.3 Adopt a Resolution approving the First Amendment to the June 11, 2024 City Attorney Employment Agreement between the City of Brentwood and Katherine Wisinski

Page 11 of 148 ends

8 Teresa Fairbanks, Human Resources Manager, presented the item.

Mayor Meyer opened public comments.

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

Moved by: Tony Oerlemans, Council Member
Seconded by: Jovita Mendoza, Council Member
Adopted Resolution 2025-120 approving the First Amendment to the June 11, 2024 City Attorney Employment Agreement between the City of Brentwood and Katherine Wisinski.

Roll Call Vote:

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
H.4 Independent Auditors’ Reports and Annual Comprehensive Financial Report for Fiscal Year 2024/25; and Report on the Financial Awards received by the City
Sonia Agostini, Accounting Manager and Amy Meyer, CPA/Partner at Maze & Associates, presented the item.

Mayor Meyer opened public comments.

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

The Council received the Independent Auditors’ Reports and Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2024/25, along with the report on Financial Awards received by the City.

H.5 Amendment No. 5 to Contract for Landscape Maintenance Services with Terracare Associates
Harith Aleem, Director of Parks & Recreation, presented the item.

Mayor Meyer opened public comments.

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

The Council recessed at 9:16 p.m. and reconvened at 9:27 p.m.

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

Page 12 of 148 ends

9 Adopted Resolution 2025-121 approving and authorizing the City Manager or designee to execute Amendment No. 5 to the Contract for Landscape Maintenance Services with Terracare Associates for a twoyear term from January 1, 2026 to December 31, 2027, in the amount of $9,879,251.31, plus funding authorization of 15% for additional work in the amount of $1,481,887.70, for a total authorized not to exceed contract amount of $33,925,996.99 (for the 7-year contract term that began in January of 2021), and authorize the City Manager or designee to approve necessary documents for the additional work, if appropriate.

Roll Call Vote:

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
H.6 Wastewater Treatment Plant Expansion Cost Update and SB 1383 Compliance Alternatives Discussion
Casey Wichert, Director of Public Works, presented the item.

Mayor Meyer opened public comments.

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

The Council received an update discussing the cost increases associated with the Wastewater Treatment Plant Expansion – Phase II project (“Project”), and discussed SB 1383 compliance options related to wastewater biosolids.

H.7 Increase the funding authorization with Overaa & Company; TW Associates LLC, dba MISCOwater LLC; and Water Works Engineers, LLC, for the Wastewater Treatment Plant Expansion – Phase II Casey Wichert, Director of Public Works, presented the item.

Mayor Meyer opened public comments.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted 1) Resolution 2025-122 approving an increase in funding authorization with C. Overaa & Company (“Overaa”) in the amount of $1,500,000; 2) Resolution 2025-123 approving an increase in funding authorization with TW Associates LLC, dba MISCOwater LLC

Page 13 of 148 ends

10 (“MISCOwater”) in the amount of $2,500,000; 3) Resolution 2025-124 approving an increase in funding authorization with Water Works Engineers, LLC (“Water Works”) in the amount of $650,000, for the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140 (“Project”); and authorized the City Manager or designee to execute necessary documents to effectuate these actions.

Roll Call Vote:

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
H.8 Consider a Request from Mayor Meyer and Council Member Mendoza for Allocation of Economic Development Grant Funds and staff time for a 2026 Winter Market or similar project
Mayor Meyer and Council Member Mendoza presented the item.

Mayor Meyer opened public comments.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Mayor
The Council, by motion, moved to direct staff to:

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

2. Establish a Winter Market Planning Ad-Hoc Committee
including Council Member Maloney, Council Member Mendoza.

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

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

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

Roll Call Vote:

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

Page 14 of 148 ends

11 H.9 Consider a request from Vice Mayor Pierson and Council Member Mendoza Concerning the Affordable Housing Program
Vice Mayor Pierson and Council Member Mendoza presented the item.

Mayor Meyer opened public comments.

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

Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Jovita Mendoza, Council Member
The Council, by motion, moved to direct staff to spend time and resources on:

1. a comprehensive review of the administration of the Affordable Housing Program to ensure the program aligns with the
Council's intent - specifically focusing on the program's goals, buyer notification, and the selection process; and

2. a comprehensive review of the Affordable Housing Program section of the City's Municipal Code - specifically ensuring that definitions are current and inclusive ensuring the City is providing equitable access to housing regardless of race, ethnicity, disability, gender, age, and immigration status; and

3. a comprehensive review of the Affordable Housing Program section of the City's Municipal Code - specifically relating to exemptions for Accessory Dwelling Units (ADUs) and ADU
clusters.

The Council directed staff to have Item 1 brought back before the Council during the 1st Quarter of 2026 and Items 2 and 3 to be brought back before Council during the 2nd Quarter of 2026.

Roll Call Vote:

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Mayor, Pa'tanisha Pierson, Vice Mayor, Tony Oerlemans, Council Member, and Faye Maloney, Council Member
Motion Approved (5 to 0)
I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Mayor Meyer requested a future presentation on the impacts of SB707.

J. ADJOURNMENT
Prior to adjourning, Mayor Meyer presented a Certificate of Recognition to Darin E. Gale for his service as Assistant City Manager from January 2022 to December 2025.

Page 15 of 148 ends

12 Moved by: Tony Oerlemans, Council Member
Seconded by: Jovita Mendoza, Council Member
The Council, by motion, moved to adjourn at 10:39 p.m. in honor of the passing of Brentwood community leader, Rod Linn and former Brentwood City Manager, Jon Elam.

Roll Call Vote:

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

Page 16 of 148 ends

1 SPECIAL CITY COUNCIL MINUTES
January 6, 2026, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Meyer called the meeting to order at 7:00 p.m.

Roll Call found the following members present: Vice Mayor Pierson, Council Member Oerlemans, and Mayor Meyer.

Council Member Maloney and Council Member Mendoza were absent.

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

C. PUBLIC COMMENTS
Mayor Meyer opened public comments.

Stephanie Williams-Rogers provided comments regarding the Brentwood Police Department's interaction with Yolanda Ramirez on September 26, 2025.

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

At 7:04 p.m. Council Member Oerlemans moved to recess into Closed Session seconded by Vice Mayor Pierson. The motion to recess carried unanimously.

The Council reconvened at 7:17 p.m.

Mayor Meyer reopened public comments.

Rudy Ramirez and Gabe Ramirez provided comments regarding the Brentwood Police Department's interaction with Yolanda Ramirez on September 26, 2025.

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

D. RECESS TO CLOSED SESSION
Moved by: Tony Oerlemans, Council Member
Seconded by: Pa'tanisha Pierson, Vice Mayor
The Council, by motion, recessed to Closed Session at 7:25 p.m.

E. BUSINESS ITEMS
E.1 CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION

Page 17 of 148 ends

2 F. ADJOURNMENT
Mayor Meyer provided a report out from Closed Session, followed by a statement from Interim Chief of Police, Walter O'Grodnick.

Moved by: Pa'tanisha Pierson, Vice Mayor
Seconded by: Tony Oerlemans, Council Member
The Council, by motion, moved to adjourn at 9:15 p.m.

Page 18 of 148 ends

PROCLAMATION
WHEREAS, religious freedom is a foundational American value that has shaped our nation’s history and continues to strengthen our diverse communities; and
WHEREAS, the Founding Fathers recognized that the freedom to hold and practice one’s beliefs is essential to a thriving democracy, and the United States Constitution safeguards every individual’s right to worship according to their conscience; and
WHEREAS, January 16 marks the anniversary of the 1786 Virginia Statute on Religious Freedom, a landmark achievement that advanced civil liberties by affirming freedom of belief, protecting individual expression, and promoting fairness and inclusion for all; and
WHEREAS, since 1993, the President of the United States has annually designated January 16 as “Religious Freedom Day,” encouraging Americans to reflect upon and celebrate this freedom through meaningful observances in homes, schools, and places of worship; and
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood hereby recognizes January 16, 2026, as

RELIGIOUS FREEDOM DAY
in the City of Brentwood, and encourages all residents to observe this day through meaningful events and activities in homes, schools, and places of worship.

Dated this 13th day of January, 2026
Susannah Meyer, Mayor

Page 19 of 148 ends

PROCLAMATION
WHEREAS, the Reverend Dr. Martin Luther King, Jr. is honored for a life rooted in faith, courage, and an unwavering commitment to justice, equality, and racial harmony, guided by his belief in freedom and dignity for all; and WHEREAS, from 1957 to 1968, Dr. King traveled more than six million miles and delivered over 2,500 speeches, speaking out wherever injustice persisted.

Through his powerful words, writings, and leadership of the historic March on Washington, D.C., he inspired millions with his timeless “I Have a Dream” vision; and
WHEREAS, through steadfast leadership and a philosophy of nonviolence, Dr.

King overcame imprisonment and adversity to effect transformative change, leaving a legacy that continues to inspire people around the world and underscores the vital role of education in overcoming prejudice and discrimination; and
WHEREAS, Dr. King’s enduring impact as a clergyman, Nobel Peace Prize Laureate, author, and champion of landmark civil rights legislation—including the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968—reinforces equality as a cornerstone of our democracy.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize January 19, 2026, as MARTIN LUTHER KING, JR. DAY
and encourages residents to honor Dr. King’s life and legacy by participating in acts of service that strengthen our community.

Dated this 13th day of January, 2026
Susannah Meyer, Mayor

Page 20 of 148 ends

SUCCESSOR AGENCY AGENDA ITEM NO. F.4
01/13/2026
SUBJECT: Recognized Obligation Payment Schedule (ROPS) 26-27 DEPARTMENT: Finance & Information Systems
STAFF: Christine Andrews, Acting Director of Finance & Info. Systems Rachel Corona, Accountant II

TITLE/RECOMMENDATION
Staff recommends adopting a Resolution of the Successor Agency to the Brentwood Redevelopment Agency (“Successor Agency”) approving the Recognized Obligation Payment Schedule (“ROPS”) and Administrative Budget for July 2026 – June 2027, and authorizing the Director of Finance and Information Systems, or their designee, in consultation with the General Counsel, to make minor adjustments thereto, as necessary, to secure approval of the ROPS and/or the Administrative Budget by the State Department of Finance; and to undertake other actions necessary to carry out the purposes of the resolution.

FISCAL IMPACT
The adoption of the ROPS allows the Successor Agency to pay the obligations of the former Brentwood Redevelopment Agency in an orderly manner as the process of dissolution continues. Approval of the ROPS will allow the existing debts of the former Redevelopment Agency to be paid as the former Brentwood Redevelopment Agency wind down continues.

Included in the ROPS is an annual payment to the City of $250,000, for reimbursement of administrative costs that will recorded as revenue in the General Fund. This is the prescribed amount allowed by statute.

BACKGROUND
Successor Agency History
The Community Redevelopment Act was signed into law in 1945. This legislation sought to combat blight and urban decay by creating entities (redevelopment agencies) that were empowered to use special tax financing measures to redevelop and rehabilitate residential, commercial, industrial, and retail areas in cities across

Page 21 of 148 ends

SUCCESSOR AGENCY AGENDA ITEM NO. F.4
01/13/2026
the state. Redevelopment projects were required to provide a cash stream to fund affordable housing and other services that would benefit the communities in which they were located. With this mission in mind, hundreds of redevelopment agencies were established by individual California counties and cities, including Brentwood.

The law evolved significantly in the decades that followed its passage. In 2011, however, legislation was enacted to dismantle the redevelopment framework.

Subsequent litigation challenged the 2011 law, but was unsuccessful. Thus, effective February 1, 2012, the Brentwood Redevelopment Agency was dissolved. As required by law, redevelopment assets were allocated to new entities:
 certain assets of the Brentwood Redevelopment Agency Low and Moderate Income Housing Fund were distributed to a Housing Successor, and  all remaining Brentwood Redevelopment Agency assets and liabilities were distributed to a Successor Agency.

The Housing Successor and Successor agencies are both separate legal entities from the City. Under the provisions of Assembly Bill (AB) 1484 (AB 1484) the City elected to act as the Housing Successor and retain the housing assets. The City also elected to serve as the Successor Agency, and on February 1, 2012, the Brentwood Redevelopment Agency’s remaining assets were distributed to, and liabilities were assumed by, the Successor Agency.

AB X1 26 (ABX1-26), the 2011 law that ended redevelopment, required the establishment of oversight boards to review and approve the activities of successor agencies. In Contra Costa County, that function is fulfilled by the Countywide Oversight Board, which oversees all successor agencies in the county. Should the ROPS be approved in tonight’s action, it will be brought to the Countywide Oversight Board for its approval and then submitted to the State Department of Finance (“DOF”) for its review. The Oversight Board review is scheduled for January 26, 2026.

Reporting Summary
By law, a successor agency is required to prepare a forward-looking ROPS that reports one year of successor agency financial obligations, commonly referred to as “Enforceable Obligations.” A successor agency may expend funds only for items on an approved ROPS. The ROPS presented for consideration this evening covers the July 2026 – June 2027 time period.

The DOF prescribes the method and form requirements for the ROPS and has established a reporting template to be used by successor agencies, included as

Page 22 of 148 ends

SUCCESSOR AGENCY AGENDA ITEM NO. F.4
01/13/2026
Exhibit A to this report. The reporting template includes the following four reporting pages:
 Summary Page, which summarizes funding request total of $2,659,286 from the ROPS Detail Page
 ROPS Detail Page, where all the individual enforceable obligations of the Successor Agency are listed, along with the funding requirements for the July 2026 – June 2027 timeframe, summarized as follows:

Debt Service Obligations $2,409,286
Administrative Cost Allowance 250,000
Total Enforceable Obligations $2,659,286
 Cash Balances Page, which summarizes the amount of any excess funds available as of June 30, 2024, as follows:

Available Cash Balance $126,467
Amount Reserved for Property Disposition Costs $49,000
(Note: The DOF requires available cash to be spent prior to future Redevelopment Property Tax Trust Fund (“RPTTF”) allocations.)  Notes Page, which is an optional page where agencies can include additional clarifying information pertaining to any of the items listed on the ROPS Detail Page.

Administrative Cost Allowance Information
As mentioned above, the ROPS contains the administrative budget for the Successor Agency. The Successor Agency's "administrative cost allowance", as defined and authorized pursuant to Health & Safety Code Section 34171(b), is a minimum reimbursement of $250,000 for the entire 2026-2027 fiscal year. In accordance with Health & Safety Code Section 34177(j)(1), the total estimated Successor Agency administrative costs for the 2026-2027 fiscal year are expected to meet this limit.

This budget, in accord with Health & Safety Code Section 34177(j)(2), proposes the source of payment for the administrative costs as the RPTTF established and maintained by the County Auditor-Controller pursuant to Health & Safety Code Section 34170.5(b).

Page 23 of 148 ends

SUCCESSOR AGENCY AGENDA ITEM NO. F.4
01/13/2026
Additionally, Health & Safety Code Section 34177(j)(3) requires proposals for arrangements for administration and operations services. The Successor Agency has arranged with the City of Brentwood to provide the staff services and office materials and equipment to administer the responsibilities of the Successor Agency, and will draw upon services of outside legal and financial consultants to provide special services for the wind-down of the former Brentwood Redevelopment Agency to the extent City staff lacks the necessary expertise or capacity.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the Successor Agency is included on Attachment 1.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution ROPS 26-27

3. Exhibit A – ROPS 26-27

Page 24 of 148 ends

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

On January 14, 2025, the Successor Agency adopted Resolution 2025-01-SA approving the ROPS and Administrative Budget for July 2025 – June 2026, and authorizing the Director of Finance and Information Systems and/or his designee, in consultation with the General Counsel, to make minor adjustments thereto as necessary to secure approval of the ROPS and/or the Administrative Budget by the State Department of Finance; and to undertake other actions necessary to carry out the purposes of this resolution.

Page 25 of 148 ends

RESOLUTION NO. 2026-XX-SA

A RESOLUTION OF THE GOVERNING BOARD OF THE SUCCESSOR

AGENCY TO THE BRENTWOOD REDEVELOPMENT AGENCY,

APPROVING THE RECOGNIZED OBLIGATION PAYMENT

SCHEDULE (ROPS) AND ADMINISTRATIVE BUDGET FOR JULY
2026 – JUNE 2027 AND AUTHORIZING THE DIRECTOR OF

FINANCE AND INFORMATION SYSTEMS, OR THEIR DESIGNEE, IN

CONSULTATION WITH THE GENERAL COUNSEL, TO MAKE MINOR

ADJUSTMENTS THERETO AS NECESSARY TO SECURE APPROVAL

OF THE ROPS AND/OR THE ADMINISTRATIVE BUDGET BY THE
STATE DEPARTMENT OF FINANCE; AND TO UNDERTAKE OTHER

ACTIONS NECESSARY TO CARRY OUT THE PURPOSES OF THIS

RESOLUTION
WHEREAS, Sections 34177 (l) and (m) of the Health and Safety Code require the successor agency to the former City of Brentwood Redevelopment Agency (“Successor Agency”) to submit to the State Department of Finance (“DOF”), the State Controller, and the Contra Costa County Auditor-Controller (“County AuditorController”), by February 1, 2026, a Recognized Obligation Payment Schedule (“ROPS”) for the period July 1, 2026 through June 30, 2027; and WHEREAS, the ROPS contains the enforceable obligation commitments of the Successor Agency for the July 2026 - June 2027 timeframe; and WHEREAS, Health and Safety Code Section 34177(j) requires the Oversight Board to approve an Administrative Budget for administrative costs of the Successor Agency; and
WHEREAS, the Successor Agency's "administrative cost allowance," as defined by and authorized pursuant to Health and Safety Code Section 34171(b), is a minimum of $250,000, unless reduced by the Oversight Board or by agreement between the Successor Agency and the DOF for the July 2026 - June 2027 time period; and
WHEREAS, the Successor Agency will report to the County Auditor-Controller that its administrative cost allowance to be paid from property taxes deposited in the Redevelopment Property Tax Trust Fund pursuant to Health and Safety Code Section 34183(a)(3) is the amount of $250,000 for the July 2026 - June 2027 time period; and
WHEREAS, as authorized pursuant to Health and Safety Code Section 34183(a)(3), the proposed source of payment for the administrative costs is the Redevelopment Property Tax Trust Fund established and maintained by the County Auditor-Controller pursuant to Health and Safety Code Section 34170.5(b); and WHEREAS, the Successor Agency has arranged with the City of Brentwood to provide the staff services, office materials and equipment to administer the responsibilities of the Successor Agency.

Page 26 of 148 ends
Page 2 of 3 ends

NOW, THEREFORE, the Governing Board of the Successor Agency to the City of Brentwood Redevelopment Agency does hereby resolve as follows:

Section 1. Approval of ROPS. The Governing Board of the Successor Agency to the City of Brentwood Redevelopment Agency, hereby approves the Recognized Obligation Payment Schedule (“ROPS”) for the period from July 2026 to June 2027, in substantially the form attached hereto as Exhibit A as required by Health and Safety Code Sections 34177(l) and (m).

Section 2. Severability. If any provision of this Resolution, the ROPS or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution or the ROPS which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution and the ROPS are severable. The Governing Board of the Successor Agency to the City of Brentwood Redevelopment Agency hereby declares that it would have adopted this Resolution and the ROPS irrespective of the invalidity of any particular portion thereof.

Section 3. Submittal of ROPS. The Director of Finance and Information Systems or their designee is hereby directed to submit the ROPS to the Oversight Board and to take any other actions that may be required in order to obtain Oversight Board approval of the ROPS, including, without limitation, making amendments to the ROPS required by the County Auditor-Controller or the Oversight Board, and, thereafter, to submit the ROPS to the Contra Costa County Auditor-Controller, the State Department of Finance and the State Controller and to post the ROPS on the Successor Agency’s website in accordance with Health and Safety Code Section 34177(l)(2)(C), and to cooperate with DOF to the extent necessary to obtain DOF’s acceptance of the each ROPS item, including, if necessary, making modifications to the ROPS determined by the Successor Agency’s Director of Finance and Information Systems or designee, in consultation with the General Counsel, to be reasonable and financially feasible to meet its legally required financial obligations.

Section 4. Approval of Administrative Budget. The Governing Board of the Successor Agency to the City of Brentwood Redevelopment Agency hereby approves and adopts the Administrative Budget in the amount of $250,000 as required by Health and Safety Code Section 34177(j).

Section 5. Authorization of Other Actions. The Director of Finance and Information Systems or their designee, on behalf of the Successor Agency, is hereby authorized and directed to undertake actions necessary to carry out the purposes of this Resolution including, without limitation, the execution of documents and all other actions, subject to any minor conforming, technical or clarifying changes approved to form by the General Counsel. Such actions may include, but are not limited to (1) submitting the approved Administrative Budget to the Oversight Board as part of the approved ROPS and submitting the Administrative Budget as part of the approved ROPS to the Contra Costa County Auditor-Controller, California State Controller and the DOF, and posting the approved Administrative Budgets as part of the approved ROPS on the Successor Agency’s website; and (2) requesting a meet and confer

Page 27 of 148 ends
Page 3 of 3 ends

session with the DOF for any items listed on the attached ROPS and denied funding by the DOF.

PASSED, APPROVED, AND ADOPTED by the Governing Board of the Successor Agency to the City of Brentwood Redevelopment Agency at a regular meeting held on the 13th day of January 2026 by the following vote:

Page 28 of 148 ends

Recognized Obligation Payment Schedule (ROPS 26-27) - Summary Filed for the July 1, 2026 through June 30, 2027 Period Successor Agency: Brentwood
County: Contra Costa
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
26-27A Total
(July -
December)
26-27B Total
(January -
June)
ROPS 26-27
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 124,867 $ - $ 124,867 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 124,867 - 124,867
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 1,956,530 $ 577,889 $ 2,534,419 F RPTTF 1,831,530 452,889 2,284,419
G Administrative RPTTF 125,000 125,000 250,000
H Current Period Enforceable Obligations (A+E) $ 2,081,397 $ 577,889 $ 2,659,286 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Exhibit A

Page 29 of 148 ends

Brentwood
Recognized Obligation Payment Schedule (ROPS 26-27) - ROPS Detail July 1, 2026 through June 30, 2027

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
26-27
Total
ROPS 26-27A (Jul - Dec)
26-27A
Total
ROPS 26-27B (Jan - Jun)
26-27B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$21,802,692 $2,659,286 $- $- $124,867 $1,831,530 $125,000 $2,081,397 $- $- $- $452,889 $125,000 $577,889 2 Bonds - Debt
Service
Bond
Reimbursement
Agreements
09/27/
2001
11/01/2031 U.S. Bank 2001 Tax
Allocation
Bond Debt
Service
Merged 8,093,375 N $1,354,000 - - 124,867 1,080,008 - $1,204,875 - - - 149,125 - $149,125 3 Bonds - Debt
Service
Bond
Reimbursement
Agreements
10/01/
2009
10/01/2039 U.S. Bank 2009 Lease
Revenue
Bond Debt
Service
Merged 13,410,317 N $1,055,286 - - - 751,522 - $751,522 - - - 303,764 - $303,764 5 Administrative
Cost
Allowance
Admin Costs 07/01/
2026
06/30/2027 City of
Brentwood
Annual
Administrative
Cost
Allowance
Merged 250,000 N $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 28 Investment
Management
Fees
Fees 07/01/
2025
06/30/2026 Public
Financial
Management
Investment
Management
Fees
Merged - Y $- - - - - - $- - - - - - $-
29 Investment
Account
Maintenance
Fees
Fees 07/01/
2025
06/30/2026 Bank of New
York
Investment
Account
Maint Fee
Merged - Y $- - - - - - $- - - - - - $-
44 H&S Code,
Section
34177.3 (b)-
Contracts
necessary for
property
disposition
Property
Dispositions
02/15/
2018
06/30/2027 Carpenter/
Robbins
Commercial
Real Estate,
Inc.

Property
disposition
services -
brokerage
Merged 49,000 N $- - - - - - $- - - - - - $-

Page 30 of 148 ends

Brentwood
Recognized Obligation Payment Schedule (ROPS 26-27) - Report of Cash Balances July 1, 2023 through June 30, 2024
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 23-24 Cash Balances
(07/01/23 - 06/30/24)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/23)
RPTTF amount should exclude "A" period distribution
amount.
54,000 303,855
2 Revenue/Income (Actual 06/30/24)
RPTTF amount should tie to the ROPS 23-24 total
distribution from the County Auditor-Controller
136,775 2,600,877
3 Expenditures for ROPS 23-24 Enforceable Obligations
(Actual 06/30/24)
5,000 95,047 2,600,877
4 Retention of Available Cash Balance (Actual 06/30/24) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
49,000 220,716
5 ROPS 23-24 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 23-24 PPA
form submitted to the CAC
No entry required (1,600)
6 Ending Actual Available Cash Balance (06/30/24)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $124,867 $1,600

Page 31 of 148 ends

Brentwood
Recognized Obligation Payment Schedule (ROPS 26-27) - Notes July 1, 2026 through June 30, 2027
Item # Notes/Comments
2 3
5 28
29 44

Page 32 of 148 ends

CITY COUNCIL AGENDA ITEM NO. F.5
01/13/2026
SUBJECT: Waive second reading and adopt an ordinance repealing and replacing Chapter 17.725 of the City of Brentwood Municipal Code relating to the City’s Affordable Housing Ordinance
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Sylvia Elias, Housing Program Manager

TITLE/RECOMMENDATION
Staff recommends that the City Council waive the second reading and adopt an ordinance repealing and replacing Chapter 17.725 of the City of Brentwood Municipal Code relating to the City’s Affordable Housing Ordinance.

FISCAL IMPACT
Adoption of an ordinance to amend the City’s Affordable Housing Ordinance will not result in a fiscal impact. Amending the Affordable Housing Ordinance to an 18% requirement would increase affordable housing production.

BACKGROUND
At its March 12, 2024 meeting, the City Council directed staff to draft 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, staff presented an informational report to the City Council relating to the possible increase of the Affordable Housing Ordinance’s 13% obligation to a higher percentage at either 15% or 20%, and the possible impact on the City’s housing development, State and Federal Housing Laws, Density Bonus activation, and other constitutional matters. A feasibility study was recommended to support an increase in the affordability percentage requirement, if one was sought.

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.

Page 33 of 148 ends

CITY COUNCIL AGENDA ITEM NO. F.5
01/13/2026
The City Council directed staff to continue with the amendment process, and directed staff to amend the Affordable Housing Ordinance as follows:
 Increase the Affordable Housing Ordinance’s obligation to 18%, with the following allocation:
o Moderate Income – 9%
o Low Income – 5%
o Very Low Income – 4%
 Do not prepare a feasibility study;
 Keep all other sections (e.g., requirements and alternatives) of the existing ordinance in place;
 Move forward with the amendment process and present a concise version of the May 27, 2025 item to the Planning Commission for review and recommendation.

Staff incorporated the City Council’s direction into the draft affordable housing ordinance amendment and presented the draft to the Planning Commission on October 21, 2025. The Planning Commission with a 4-0 vote (1 absent) adopted Resolution No. 25-017, recommending that the City Council adopt an ordinance amending Chapter 17.725 of the City of Brentwood Municipal Code. Subsequent to the Planning Commission’s 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 had been amended by the City Council on March 12, 2024 by Ordinance No. 1068, and is 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 error. The City Council approved the continuance of this item to the December 9, 2025 City Council meeting.

At the December 9, 2025 meeting, the City Council considered the proposed amendment(s) to the Municipal Code relating to the affordable housing ordinance.

The City Council held a discussion regarding the amendment and directed staff to add the following under 17.725.001 (‘Title and purpose of provisions’), which is included below and is reflected in Attachment 2 to this report:
“5. Continue to offer all concessions and incentives available to qualifying residential developments under applicable state and local laws.”

Page 34 of 148 ends

CITY COUNCIL AGENDA ITEM NO. F.5
01/13/2026
After discussion, the City Council, with a vote of 5-0, introduced and waived the first reading of an ordinance repealing and replacing Chapter 17.725 of the City of Brentwood Municipal Code relating to the City’s Affordable Housing Ordinance, including amending Section 5 under 17.725.001 (‘Title and purpose of provisions’), as described above.

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

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

DATE OF NOTICE
Not Applicable.

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

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

1. Continue the item and provide direction to staff.

2. Do not adopt the attached ordinance. This option would leave the current ordinance in place, including the 13% affordability requirement.

ATTACHMENT(S)

1. Previous Actions

2. Affordable Housing Ordinance with changes tracked

3. Affordable Housing Ordinance (Final)

Page 35 of 148 ends

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

On December 9, 2025, the City Council Introduced and Waived 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 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 Regional Housing Needs Allocation (RHNA) and directed staff to draft potential Affordable Housing Ordinance amendments for Council consideration
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%
Ordinance No. 1068 was adopted by the City Council on March 12, 2024 further amending the City of Brentwood’s Affordable Housing Program.

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

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

Page 36 of 148 ends

ORDINANCE NO. XXXX

AN ORDINANCE REPEALING AND REPLACING CHAPTER

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

Page 37 of 148 ends
Page 2 of 22 ends

Allocation (RHNA) and directed staff to draft potential Affordable Housing Ordinance amendments for Council consideration; and
WHEREAS, acting on such Council direction, staff has prepared an ordinance (the "Ordinance"), which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, on October 21, 2025, the Planning Commission considered the staff report, the Ordinance, supporting documents, all public comments submitted, and all other appropriate information that has been submitted, and recommended approval of the Ordinance to the City Council; and
WHEREAS, on December 9, 2025, the City Council considered the staff report, the amendment(s) to the Ordinance to repeal and replace Chapter 17.725 of the City of Brentwood Municipal Code relating to the affordable housing program, and directed staff to incorporate a paragraph to Section 17.725.001 Title and purpose of provisions, increase the affordable obligation to 18%, and amend 17.725.001 Title and purpose of provisions.

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

Page 38 of 148 ends
Page 3 of 22 ends

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").
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.

Page 39 of 148 ends
Page 4 of 22 ends

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:

Page 40 of 148 ends
Page 5 of 22 ends

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

Chapter 17.725 AFFORDABLE HOUSING

17.725.001 Title and purpose of provisions.

17.725.002 Definitions.

17.725.003 General requirements.

17.725.004 Alternative equivalent proposal.

17.725.005 Implementation procedures.

17.725.006 Affordable unit concessions and construction incentives.

17.725.007 Affordable housing in lieu fee fund.

17.725.008 Brentwood rental housing trust fund.

17.725.009 First time homebuyer fund.

17.725.010 Enforcement.

17.725.011 Waiver.

17.725.001 Title and purpose of provisions.

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

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

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

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

Page 41 of 148 ends
Page 6 of 22 ends

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

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

5. Continue to offer all concessions and incentives available to qualifying residential developments under applicable state and local laws.

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

Page 42 of 148 ends
Page 7 of 22 ends

construction and development of dwelling units.
“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

Page 43 of 148 ends
Page 8 of 22 ends

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 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

Page 44 of 148 ends
Page 9 of 22 ends

may not be satisfied by payment of an in-lieu fee.

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

Page 45 of 148 ends
Page 10 of 22 ends

development shall comply with any predecessor ordinance, resolution, or policy in effect on the date a preliminary application for the development containing all of 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

Page 46 of 148 ends
Page 11 of 22 ends

accommodate senior housing or to reduce affordable unit costs as described above, or approval of an off-site location has been granted.

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

Page 47 of 148 ends
Page 12 of 22 ends

alternative equivalent proposal must result in an approximately equal geographic distribution of affordable units throughout the city.

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;

Page 48 of 148 ends
Page 13 of 22 ends

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);

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.

Page 49 of 148 ends
Page 14 of 22 ends

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.
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

Page 50 of 148 ends
Page 15 of 22 ends

shall be deposited into a Brentwood rental housing trust fund administered by the city’s finance director in accordance with Section 17.725.008.

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

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

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

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

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

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

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

Page 51 of 148 ends
Page 16 of 22 ends

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.

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

Page 52 of 148 ends
Page 17 of 22 ends

option to purchase the affordable unit at the maximum resale price, as limited by any applicable affordability restrictions, if the owner defaults on the terms of the refinance and resale limitation agreement.

F. Selection Criteria for Rental or Ownership Units. No household at the time of move-in shall be permitted to rent, purchase or occupy an affordable unit that is required under this chapter unless its qualifications are consistent with this chapter and the housing manager has approved the household’s eligibility. Eligible potential occupants of ownership affordable units must be first-time homebuyers and will be qualified on the basis of household income as defined in this chapter, including all sources of income and assets, the relationship between household size and the size of the available units, and any further criteria required by law and/or established by the city council. The affordable housing developer shall use an equitable selection method established in conformance with the terms of this chapter and in compliance with state and federal law. Selection of qualified households shall be based on the affordable housing priorities established below:

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

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

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

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

17.725.006 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.

Page 53 of 148 ends
Page 18 of 22 ends

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

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

Page 54 of 148 ends
Page 19 of 22 ends

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

5. Reduced landscaping requirements;

6. Reduced parking requirements;

7. Height restriction waivers.

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

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

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

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

17.725.007 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

Page 55 of 148 ends
Page 20 of 22 ends

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.

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)

Page 56 of 148 ends
Page 21 of 22 ends

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.

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

Page 57 of 148 ends
Page 22 of 22 ends

presenting substantial evidence to support the waiver request, including comparable technical information to support applicant’s position.

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

Page 58 of 148 ends

ORDINANCE NO. XXXX

AN ORDINANCE REPEALING AND REPLACING CHAPTER

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

Page 59 of 148 ends
Page 2 of 21 ends

Allocation (RHNA) and directed staff to draft potential Affordable Housing Ordinance amendments for Council consideration; and
WHEREAS, acting on such Council direction, staff has prepared an ordinance (the "Ordinance"), which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, on October 21, 2025, the Planning Commission considered the staff report, the Ordinance, supporting documents, all public comments submitted, and all other appropriate information that has been submitted, and recommended approval of the Ordinance to the City Council; and
WHEREAS, on December 9, 2025, the City Council considered the staff report, the amendment(s) to the Ordinance to repeal and replace Chapter 17.725 of the City of Brentwood Municipal Code relating to the affordable housing program, and directed staff to incorporate a paragraph to Section 17.725.001 Title and purpose of provisions, increase the affordable obligation to 18%, and amend 17.725.001 Title and purpose of provisions.

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").

Page 60 of 148 ends
Page 3 of 21 ends

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").
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.

Page 61 of 148 ends
Page 4 of 21 ends

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:

AYES: Mendoza, Pierson, Oerlemans, Maloney, Mayor Meyer NOES: None
ABSENT: None
RECUSE: None
THIS ORDINANCE was adopted with the second reading waived at a regular meeting of the City Council of the City of Brentwood on the 13th day of January 2026 by the following vote:

Page 62 of 148 ends
Page 5 of 21 ends

Exhibit A
Brentwood Municipal Code Chapter 17.725
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;

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

Page 63 of 148 ends
Page 6 of 21 ends

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.

5. Continue to offer all concessions and incentives available to qualifying residential developments under applicable state and local laws.

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.
“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

Page 64 of 148 ends
Page 7 of 21 ends

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 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

Page 65 of 148 ends
Page 8 of 21 ends

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 eighteen 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 Eight Dwelling Units. Developers of residential developments consisting of five to eight 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 eight dwelling units is later re-subdivided into nine or more parcels or dwelling units, the city’s affordable housing requirement may not be satisfied by payment of an in-lieu fee.

2. Application to Residential Development of Nine or More Dwelling Units. In applying this requirement to residential development consisting of nine or more

Page 66 of 148 ends
Page 9 of 21 ends

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

Page 67 of 148 ends
Page 10 of 21 ends

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 9%
Low-Income Households 5%
Very Low-income Households 4%
Projects of 9 to 13 units shall contain one low-income unit and one moderate income unit; projects of 14 to 19 units shall contain one low-income unit, one moderate-income unit, and one very low income unit; projects of 20 to 26 units shall contain one low-income unit, two moderate-income units, and one very lowincome unit; and projects of 27 to 34 units shall contain two low-income units, 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.

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

Page 68 of 148 ends
Page 11 of 21 ends

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.

A. Approval of Payment of In-Lieu Fees. In-lieu fees may be paid for residential developments consisting of five to eight dwelling units. The amount of the in-lieu fee shall be adopted by resolution of the city council, and may be

Page 69 of 148 ends
Page 12 of 21 ends

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);

3. The dedicated vacant land is improved with infrastructure and utilities

Page 70 of 148 ends
Page 13 of 21 ends

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

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

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

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

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

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

Page 71 of 148 ends
Page 14 of 21 ends

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

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

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

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

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

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

Page 72 of 148 ends
Page 15 of 21 ends

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

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

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

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

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

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

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

17.725.005 Implementation procedures.

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

Page 73 of 148 ends
Page 16 of 21 ends

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

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

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

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

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

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

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

Page 74 of 148 ends
Page 17 of 21 ends

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

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

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

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

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

17.725.006 Affordable unit concessions and construction incentives.

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

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

Page 75 of 148 ends
Page 18 of 21 ends

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

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

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

1. Reduced lot sizes;

2. Reduced setback requirements;

3. Reduced open space requirements;

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

5. Reduced landscaping requirements;

6. Reduced parking requirements;

7. Height restriction waivers.

Page 76 of 148 ends
Page 19 of 21 ends

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

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

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

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

17.725.007 Affordable housing in lieu fee fund.

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

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

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

17.725.008 Brentwood rental housing trust fund.

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

Page 77 of 148 ends
Page 20 of 21 ends

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

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

17.725.009 First time homebuyer fund.

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

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

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

17.725.010 Enforcement.

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

Page 78 of 148 ends
Page 21 of 21 ends

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

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

17.725.011 Waiver.

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

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

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

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

Page 79 of 148 ends

CITY COUNCIL AGENDA ITEM NO. F.6
01/13/2026
SUBJECT: Informational Report on City of Brentwood Comments on the Draft Plan Bay Area 2050+
DEPARTMENT: City Manager
STAFF: G. Harold Duffey, City Manager
Alexis Morris, Director of Community Development

TITLE/RECOMMENDATION
Receive and file an Information Report on the comment letter submitted by the City Manager on the Draft Plan Bay Area 2050+ and the Draft Plan Bay Area 2050+ Environmental Impact Report.

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

BACKGROUND
The Draft Plan Bay Area 2050+ (“the Plan”) is a limited update to the current 30- year regional plan (adopted in 2021) prepared by the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) to guide growth and investment across the region’s nine counties and 101 cities and towns.

MTC is the transportation planning, financing and coordinating agency for the ninecounty Bay Area. ABAG is the regional planning agency and council of governments for the nine county Bay Area. ABAG and MTC share joint responsibility for Plan Bay Area.

According to the Plan:

Plan Bay Area 2050+ is a long-range vision and not a financial programming document. While it does not allocate money to specific projects or strategies, it does enable projects to move toward funding and construction phases. The plan does not override local land use decisions like zoning or development, and the strategies are intended to guide future planning efforts, not to impose mandates or propose legislation.

Page 80 of 148 ends

CITY COUNCIL AGENDA ITEM NO. F.6
01/13/2026
The Plan includes 35 strategies, organized into 11 themes, under four elements:
transportation, housing, economy, and environment.

The Plan and the Plan Bay Area 2050+ Draft Environmental Impact Report (“EIR”) were released for public comment on October 20, 2025 and the public comment period closed on December 18, 2025. The Plan, the EIR and supporting documents can be accessed via the following link: https://planbayarea.org/.

Per City Council/Administrative Policy No. 10-13 3.1.7.2 (‘Letter in support or opposition’), the City Manager submitted a comment letter on the Plan on December 18, 2025. The comment letter is included as Attachment 1, and the City of Lafayette letter referenced in the comment letter is provided as Attachment 2. Also attached is a Plan Bay Area 2050+ fact sheet prepared by MTC/ABAG for Contra Costa County.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
Not applicable.

DATE OF NOTICE
Not applicable.

ENVIRONMENTAL DETERMINATION
Not applicable.

ALTERNATIVE OPTION(S)
Not applicable.

ATTACHMENT(S)

1. City of Brentwood December 18, 2025, comment letter

2. City of Lafayette December 15, 2025, comment letter

3. Draft Plan Bay Area 2050+ Contra Costa County Factsheet

Page 81 of 148 ends

MAILING ADDRESS:

City Hall
150 City Park Way
Brentwood, CA 94513
Phone: 925.516.5400
Fax: 925.516.5401
www.brentwoodca.gov

CITY MANAGER
150 City Park Way
Phone: 925.516.5440
Fax: 925.516.5441

COMMUNITY DEVELOPMENT
150 City Park Way
Phone: 925.516.5405
Fax: 925.516.5407

FINANCE AND

INFORMATION SYSTEMS
150 City Park Way
Phone: 925.516.5460
Fax: 925.516.5401

HUMAN RESOURCES
150 City Park Way
Phone: 925.516.5191
Fax: 925.516.5446

PARKS AND RECREATION
150 City Park Way
Phone: 925.516.5444
Fax: 925.516.5445
POLICE
9100 Brentwood Boulevard
Phone: 925.634.6911
24 Hr. Dispatch: 925.809.7911
Fax: 925.809.7799

PUBLIC WORKS
Engineering Division
150 City Park Way
Phone: 925.516.5420
Fax: 925.516.5421
Operations Division
2201 Elkins Way
Phone: 925.516.6000
Fax: 925.516.6001
December 18, 2025
MTC Public Information Office
Attn: Plan Bay Area
375 Beale Street, Suite 800
San Francisco, CA 94105
RE: Comments on the Draft Plan Bay Area 2050+ and Draft Environmental Impact Report

VIA EMAIL
Dear MTC and ABAG Board Members:

Thank you for the opportunity to comment on Draft Plan Bay Area 2050+ (“the Plan”) and the Draft Programmatic Environmental Impact Report (EIR) prepared for the project. The City of Brentwood (“the City”) understands that the Plan is a limited and focused update of Plan Bay Area 2050, MTC and ABAG’s 30-year vision for the Bay Area that was adopted in 2021. The City supports the Plan’s focus on improving transportation, equity, housing, the economy and the environment, but has concerns about the plans fiscal impacts and impacts on local land use authority, as detailed below.

By reference, we also express our support for the comments submitted by the City of Lafayette in its letter dated December 15, 2025.

Local Land Use Control
The City of Brentwood agrees with many of the draft strategies included in the plan. In fact, many of the City’s programs already align with the draft strategies.

For example:
• H3 - Allow a Greater Mix of Housing Densities and Types in Growth Geographies.

Allow a mix of housing types at a range of densities and in a variety of building configurations to be built in Priority Development Areas, select High-Resource Areas, and select Transit-Rich Areas, including areas where the Transit-Oriented Communities Policy applies, augmented by streamlined review and reduced parking requirements for affordable homes, as well as building code updates. The City adopted a Specific Plan for its Priority Area 1 Priority Development Area that allows for a wide variety of housing densities and incorporates a possible future transit station.

Page 82 of 148 ends

• H5 - Integrate Affordable Housing into All Major Housing Projects. Require a baseline of 10% to 20% of new market-rate housing developments of five units or more to be affordable to low-income households. The Brentwood City Council initiated an amendment to the City’s Affordable Housing Ordinance to require projects to include 18% of the units to be affordable to low-income households. The Council adopted the Ordinance on December 13, 2025. • EN5: Protect and Manage High-Value Conservation Lands. Protect and preserve high-priority natural and working lands, improving the resilience and connectivity of the region’s biodiversity and the sustainability and vibrancy of the agricultural sector. The City’s General Plan contains multiple policies to protect the City’s agricultural heritage and the agricultural sector. The City is also an active participant in the East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan in order to preserve valuable natural resources in our community.
• EN8 - Expand Clean Vehicle Initiatives. Expand investments in clean vehicles, including electric vehicles and electric mobility options, and charging infrastructure subsidies, to accelerate the transition from conventional vehicles. The City is investing in electrifying its fleet by implementing a $3.15M project that will install charging equipment to allow the City’s fleet to begin conversion to electric vehicles as required by the 2020 Executive Order N-79-20.

The project will install 18 charging stations, and is expected to save the City in excess of $5M over the life of the project.

As the above demonstrates, the City of Brentwood’s policies and programs overlap in many ways with the draft policies contained in the Plan. However, the City continues to be a strong proponent of local control and has concerns with the Plan’s potential impacts on local land use control. The Plan includes potentially conflicting statements regarding the Plan’s relationship to local land use decisions. For example, the document states “The plan does not override local land use decisions like zoning or development, and the strategies are intended to guide future planning efforts, not to impose mandates or propose legislation.” Yet, the document also states “Long-range plans, such as this document, serve to articulate these shared, regional goals and, ultimately, influence strategic policy decisions and action.” The City agrees that ABAG/MTC does not have the authority to override local land use decisions. However, the City acknowledges that ABAG/MTC does have the ability to influence legislation and regional policy that could ultimately become de facto requirements or legal standards local jurisdictions must comply with. Because many of the ambitious and costly strategies in the Plan are not feasible for local jurisdictions to implement, this could cause extremely negative impacts on the City. Therefore, the City requests that, rather than using proscriptive language, each strategy be revised to make it clearer that the strategies are not mandates, but are instead possible actions that can be taken to address the Plan’s priorities.

Page 83 of 148 ends

Local Fiscal Impacts
The Plan acknowledges that “Although the plan forecasts an increase in housing revenue compared to the previous plan, needs dwarf existing revenues by $339 billion. Potential revenues to support the Housing Element could include any mix of federal, state, regional and local sources.” Despite this, the Draft Implementation Actions rely heavily on only two strategies to fund the Housing Strategies – a regional housing revenue measure subject to voter approval in 2028 and seeking grant, philanthropic and state funding. The passage of a ballot measure in 2028 is far from certain and the City is skeptical that State funding and grants would be able to fund the Plan’s ambitious goals.

The Plan is replacing the original transit strategies with new, service-oriented regional transit vision. Specific to Brentwood, the Plan has a project list that is the same as what was in the Plan Bay Area 2050 plan for Brentwood:
• Antioch-Brentwood Bus Rapid Transit (SR-4 Corridor) – operate a new bus service between Antioch and Brentwood along SR-4. The route alignment would connect Antioch BART Station with the Brentwood Park & Ride lot.
• Widening of Brentwood Blvd north of Havenwood through Oakley. • Overall improved local bus service (frequency).

The City supports the inclusion of these projects in the Plan, but, similar to the Housing Strategies, the Draft Implementation Actions for Transportation rely on the passage of a regional revenue measure on the 2026 ballot.

The City suggests that the Plan consider and include alternate funding sources that do not have the potential to shift the funding burden to local jurisdictions, which least can afford it. If these can’t be identified, then the Strategies and Implementation Plan should be revised to ensure the Plan is fiscally feasible and does not overly rely on funding from local jurisdictions. The City also suggests that the Plan add more Implementation Strategies that advocate for State and regional funding to implement the Plan (e.g. 57. Advocate for continued state Regional Early Action Planning (REAP).)
Thank you for your consideration.

G. Harold Duffey
City Manager, City of Brentwood
cc: City Council

Page 84 of 148 ends
Page 85 of 148 ends
Page 86 of 148 ends
Page 87 of 148 ends
Page 88 of 148 ends
Page 89 of 148 ends
Page 90 of 148 ends
Page 91 of 148 ends
Page 92 of 148 ends
Page 93 of 148 ends
Page 94 of 148 ends
Page 95 of 148 ends
Page 96 of 148 ends

Draft Plan Bay Area 2050+ Contra Costa County Factsheet Photo: Karl Nielsen
Plan Bay Area 2050+ is a long-range plan charting the course for the future of the nine-county San Francisco Bay Area. The plan integrates 35 equitable and resilient strategies to tackle the region’s transportation, housing, economic and environmental challenges to advance the vision of a more affordable, connected, diverse, healthy and vibrant Bay Area for all.

This document spotlights strategies and investments within the plan and related outcomes for Contra Costa County.

How to Use The Plan
Planning Tools
Plan Bay Area 2050+ provides regional
forecasts for population, jobs and housing,
along with equity mapping and growth
geographies to guide local planning. It also
offers planning guidelines and access to an
Open Data portal.

Funding and Grant Support
The plan supports transportation projects
from concept to construction, offering grant
eligibility checklists, advocacy tools and
financial forecasts for housing, transportation
and environmental investments.

Implementation Support
MTC-ABAG provides technical assistance to
help local jurisdictions implement strategies
from Plan Bay Area 2050+. This includes
resources like playbooks for redevelopment,
mobility hubs and parking strategies, along
with support for advancing transportation
and housing initiatives.

For more information on tools and
resources for partners, please visit
planbayarea.org.

Contra Costa County Growth Geographies
Growth Geographies are areas identified in Plan Bay Area 2050+ to guide long-term housing and job growth. As shown on the map, these areas are designated either by local jurisdictions or based on their proximity to transit and access to opportunity.

Bay Area Metro Center – 375 Beale Street, Suite 800, San Francisco, CA 94105 – mtc.ca.gov Page 97 of 148

CONTRA COSTA COUNTY - TRANSPORATION SPOTLIGHT
In Contra Costa County, twelve transportation strategies work together to make it easier, safer and more reliable for residents to get where they need to go, whether by transit, car or active modes like walking and biking. Investments maintain and improve today’s system, expand safe options for biking and walking, and advance a new vision for transit through Transit 2050+, developed collaboratively by transit operators and MTC.

Strategy Spotlight
Strategy T8 - Advance Other Regional Programs
and Local Priorities
Implements regional programs and local investments
that improve mobility, safety and sustainability in
Contra Costa County. Local improvements include the
Brentwood Boulevard Widening and the Vasco Road to
Byron Highway Connector, with bridge construction,
multimodal enhancements and traffic signal upgrades.

Strategy T11 – Enhance Transit Frequency, Capacity
and Reliability
Invests in targeted service enhancements across the
existing transit network to improve frequency, reliability and capacity. County Connection improvements will
upgrade key routes, and new bus rapid transit routes
will bring service to Brentwood, Antioch and Richmond
strengthening regional transit connectivity.

Project Spotlight
At least $41 billion* in transportation projects are
planned for Contra Costa County from 2025-2050.

Photo: Karl Nielsen
San Pablo Avenue Bus Rapid Transit
Bus improvements along San Pablo Avenue
between Richmond and Oakland will support job
access with dedicated lanes, upgraded stops and
more frequent service.

Antioch Brentwood Bus Rapid Transit
New rapid bus service operated by Tri Delta Transit
along SR-4 between Antioch and Brentwood will
include dedicated bus lanes, park-and-ride facilities and a connection to BART and the regional transit network.

I-680 Express Lanes and Express Bus
New and converted express lanes on northbound
I-680 include operational and safety upgrades and will
support new express bus service between Martinez
and San Jose, with part-time transit lanes, bus-onshoulder operations and park-and-ride facilities. * Amount reflects county-specific projects only.

Additional regionwide or programmatic investments
may include more in Contra Costa County.

Forecasted Outcomes
Job access within a 45-minute transit commute
more than doubles, increasing from 103,000 to
215,000 jobs by strategically expanding the transit
system and promoting housing and employment
in key Growth Geographies, allowing many more
people to take transit, walk or bike to work.

Page 98 of 148 ends

CONTRA COSTA COUNTY - HOUSING AND ECONOMY SPOTLIGHT
Affordability is essential to housing stability. In the Bay Area, families with low incomes spend up to 70% of their household income on housing, leaving little room for other basic needs. Plan Bay Area 2050+ prioritizes affordable housing options for residents in Contra Costa County and across the region, especially those with the lowest incomes and greatest needs. Eight housing strategies focus on producing housing at all affordability levels, preserving existing affordable homes and protecting renters from the impacts of high housing costs.

Strategy Spotlight
Strategies H3 and EC4 – Allow a Greater Mix of Housing and Land Use Densities and Types in Growth Geographies
Contra Costa County is home
to many Growth Geographies
and proposed TransitOriented Community sites
near BART, AC Transit,
County Connection and
WestCAT transit lines with
the potential to better
connect homes and
workplaces, reduce housing
costs and bring jobs closer to
Photo: Karl Nielsen where people live.

Strategy H8 – Accelerate Reuse
of Public and Community-Owned
Land for Mixed-Income Housing
and Essential Services
Public agencies and non-profits
can accelerate the development of
100% affordable and mixed-income
housing, supportive services and
public spaces. The plan includes
twenty Priority Sites in Contra
Costa County for new homes and
community services, advancing the
development of affordable homes in
the coming years.

Growth Pattern in Contra Costa County
The Growth Pattern identifies how much Contra Costa County might grow between 2023 and 2050, including population, jobs, households and housing units.
9% 8%
New Household Growth New Jobs Growth
Between 2023 and 2050, Contra Costa
County will account for 9% of all new
households and 8% of all new jobs in
the Bay Area.
403,000 492,000
2023 2050 22%
Household Growth
Growth
The number of households is expected
to rise from from 403,000 to 492,000
by 2050, an increase of about 22%.
414,000 526,000
2023 2050 27%
Growth
Job Growth
The number of jobs is expected to
grow from 414,000 to 526,000 by
2050, an increase of about 27%.

Page 99 of 148 ends

CONTRA COSTA COUNTY - ENVIRONMENT SPOTLIGHT
Nine environment strategies work not just to protect Contra Costa County’s and the Bay Area’s land, air, water and people from natural hazards, but also to proactively improve residents’ health and enhance their living spaces.

Strategy Spotlight
Strategy EN5 - Protect and Manage High-Value
Conservation Lands
Photo: Joey Kotfica
Strengthens biodiversity, improves landscape
connectivity and supports a vibrant agricultural
sector. Contra Costa County has identified Priority
Conservation Areas (PCAs) which have been supported
by PCA grants for multipurpose livestock ponds that
provide both ecological and agricultural benefits.

Strategy EN8 - Expand Clean Vehicle Initiatives
Photo: Noah Berger
Invests in clean vehicles, including EVs, electric mobility and chargers to accelerate the electric transition. A
proposed vehicle buyback program would support
the shift, building on Contra Costa’s current EV stock
aiming for significant growth by 2035. The plan calls
for a total of 535,000 chargers regionwide, including
approximately 75,000 in Contra Costa County.

Strategy EN1 - Adapt to Sea Level Rise
For the first time, Plan Bay
Area includes a Resilience
Project list to address
regional sea level rise. In
Contra Costa County, the list
anticipates a $12 billion need
to manage impacts from the
first 4.9 feet of sea level rise.

Projects include innovative
efforts such as the North
Richmond Shoreline Living
Levee. Planning for this
initiative has emphasized
collaborative, communitycentered approaches
and tribal engagement,
integrating flood protection
with ecological restoration
and public access in
disadvantaged communities.

Contra Costa County Sea Level Rise Resilience Investments

Page 100 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.1
01/13/2026
SUBJECT: Purchase five replacement vehicles, one new vehicle, and authorize the City Manager or designee to execute any necessary associated documents in a total amount not to exceed
$1,596,083; and amend the FY 2025/26 Operating Budget
DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Chris Ziemann, Assistant Director of Public Works
Larry Tirnetta, Acting Fleet/Facilities Maintenance Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving the purchase of five replacement vehicles (one front loader waste collection truck, one street sweeper, one Ford Explorer and two Police Interceptors) and one new roll-off waste collection truck; authorizing the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $1,596,083; and amending the 2025/26 Vehicle and Equipment Replacement Fund (VERF) Operating Budget by $356,036.

FISCAL IMPACT
The total not-to-exceed purchase amount for five replacement vehicles and one new vehicle is $1,596,083. Of this amount, $1,240,047 was included in the adopted 2025/26 Operating Budget.

Staff is requesting a budget amendment to the 2025/26 VERF Operating Budget of $356,036 to account for the increased cost of two of the replacement vehicles.

A table of the vehicles proposed to be purchased, funding source and budget amendment required follows on the next page.

Page 101 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.1
01/13/2026
Funding Source
and Department/
Division Vehicle
Bid
Amount
2025/26
Budget
2025/26
Budget
Amendment
Required
VERF
(5 Replacement
Vehicles)
Police Department Ford Explorer $39,066 $39,066 $0
Police Department Ford Explorer 58,576 58,576 0
Police Department Ford Explorer 58,576 58,576 0
Streets
Schwarze
Sweeper 461,875 334,699 127,176
Solid Waste
Wittke Front
Loader 570,250 341,390 228,860
Subtotal VERF $1,188,343 $832,307 $356,036
Solid Waste Fund
(1 New Vehicle)
Solid Waste
Roll-off waste
collection truck 407,740 407,740 0
Grand Total $1,596,083 $1,240,047 $356,036
The VERF receives annual contributions from City funds in order to ensure sufficient resources are available when replacement is needed. Including the proposed budget amendment in tonight’s action, the VERF projected cash balance on June 30, 2026 would be $7,564,702. Annual funding in the Operating Budget for the VERF comes from the General Fund (50%), Enterprise Funds (45%), and other funds (5%).

The cost increases in the two replacement vehicles above the 2025/26 replacement budget will result in higher contributions from affected funds in future Operating Budgets for subsequent replacements.

BACKGROUND
Replacement Vehicles
As part of the budget adoption, City staff includes budgeted amounts for the replacement of City vehicles and equipment. Council/Administrative Policy No. 10-7 (‘Purchasing Policy’) requires that purchases of goods or services over $50,000 per vendor, per fiscal year must be approved by City Council. The Vehicle/Equipment Operating Policy 10-9 contains guidelines for replacement of City vehicles. Five vehicles from various City departments are scheduled for replacement in fiscal year

Page 102 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.1
01/13/2026
2025/26. The Fleet/Facilities Maintenance Division and Police Department staff evaluated these vehicles during annual inspections, carefully reviewing maintenance records and current vehicle conditions. Staff recommends replacement at this time due to general wear and tear and elevated maintenance costs.

The following table details the proposed replacements in accordance with the Vehicle/Equipment Operating Policy 10-9.

Division New Vehicle Replacing
Replacement
Criteria Years/
Mileage
Current
Years/
Mileage
Est.

Maint.

Costs
Police Explorer Explorer 6/100K 5/44,600 *
Police Police
Interceptor
Police
Interceptor 4/100K 6/98,600 *
Police Police
Interceptor
Police
Interceptor 4/100K 6/55,400 *
Solid Waste Front Loader Front Loader 8/100K 9/67,000 $37,550 Streets Street sweeper Street sweeper 9/60K 8/59,500 $21,278 *Maintained by separate contract.

The Police Department will be replacing one Ford Explorer and two Police Interceptors with the same models. The Solid Waste Division will replace its front loader waste collection truck with a new one of the same type, and the Street Maintenance Division will replace its street sweeper with an equivalent model. These vehicle replacements adhere to the guidelines set forth in the Vehicle/Equipment Operating Policy 10-9.

Bid specifications for the three Police Department vehicles were distributed to eleven vendors, resulting in the following responses:

Downtown Ford $156,217.07
Fairfield Ford $156,491.52
Bill Brant Ford $162,862.09
Future Ford of Roseville Incomplete Bid
Ron Dupratt Ford Incomplete Bid
BP Ford of Long Beach No Bid
Downtown Ford of Los Angles No Bid
Future Ford of Concord No Bid
Elk Grove Ford No Bid
Big Valley Ford of Stockton No Bid
Fullerton Ford No Bid

Page 103 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.1
01/13/2026
All Southern California dealerships determined the associated transportation costs alone would eliminate them from consideration.

Street Sweeper Purchase (Cooperative Agreement)
City staff previously researched many street sweeper models and determined the Schwarze street sweeper trucks best meet the City’s operational needs. This truck has proven to be both reliable and efficient. The Street Maintenance and Fleet Maintenance Divisions are satisfied with the combination of high performance, low maintenance costs, and comparable price to other similar models.

Per Purchasing Policy No. 10-7, the City will utilize a Cooperative Purchasing Agreement (Sourcewell Contract No. 093021-SWZ) with Schwarze Industries, Inc., in Huntsville, Alabama, to purchase the replacement Schwarze A9 Monsoon street sweeper. Sourcewell offers a wide variety of commodities, non-IT services and information technology products and services, where participating vendors submit pricing based on bulk government sales. Staff reviewed similar product prices and found Sourcewell prices are fair and reasonable. Staff requests approval to purchase the Street Sweeper from Schwarze Industries, Inc., for an amount not to exceed $461,875. Although a replacement Street Sweeper was approved as part of the 2024/25 – 2025/26 Operating Budget, the replacement cost for this specific replacement unit has increased by $127,176 due to rising material costs, additional import fees and limited chassis availability within California.

Fleet uniformity is a significant benefit for the Street and Fleet Maintenance Divisions, improving operational and maintenance efficiency, reducing repair time, simplifying parts ordering and stocking, and streamlining training for both operators and maintenance personnel. Additionally, fleet uniformity improves safety as drivers become familiar with operating controls such as levers, pedals, mirrors, instruments, truck inspections, etc., when driving different trucks from the same manufacturer.

New Roll-off Truck and Replacement Front Loader Truck Purchase (Sole Source)
One new roll-off waste collection truck was budgeted for as part of the 2025/26 Operating Budget in order to comply with Senate Bill 1383.

City staff identified both the replacement Wittke front loader truck and the new Galbreath roll-off truck as reliable, efficient options that meet the City’s needs. The Solid Waste and Fleet Maintenance Divisions are satisfied with the combination of high performance, low maintenance costs, and comparable price to other similar models.

Page 104 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.1
01/13/2026
Pursuant to Purchasing Policy 10-7, Section 5.3, staff recommends utilizing Sole Source/Non-Competitive Negotiations with Arata Equipment Company for purchasing the Wittke front load truck and the Galbreath roll-off truck to maintain uniformity within the Solid Waste fleet. This uniformity offers the same benefits to the Street and Fleet Maintenance Divisions as the street sweeper purchase: improving operational and maintenance efficiency, reducing repair time, simplifying parts ordering and stocking, and streamlining training for both operators and maintenance personnel. Additionally, fleet uniformity improves safety as drivers become familiar with operating controls such as levers, pedals, mirrors, instruments, truck inspections, etc., when driving different trucks from the same manufacturer.

Furthermore, in September 2020, the State of California issued Executive Order N79-20, which set the goal for 100 percent of in-state sales of new passenger cars and trucks to be zero-emission by 2035, and all medium and heavy-duty trucks to be zero-emission by 2045 for all operations where feasible. The order further mandates that beginning in 2024, 50% of fleet vehicles purchased with a gross vehicle weight rating of over 8,500 pounds must be zero emission vehicles. Staff has evaluated the market and determined these particular vehicles have no zero emission vehicle equivalents. As such, staff recommends the purchase of these two waste collection vehicles from Arata Equipment Company for a not-to-exceed amount of $977,990.

Although a replacement Front Loader Truck was approved as part of the 2024/25 – 2025/26 Operating Budget, the replacement cost for this specific replacement unit has increased by $228,860 due to rising material costs, additional import fees and limited chassis availability within California.

Staff will continue to evaluate new vehicle purchases to comply with Executive Order N-79-20 requirements moving forward.

Summary of Funding Request
Staff recommends approval for the following:
 One new roll off waste collection vehicle for the Solid Waste Division in the amount of $407,740, funded through the Solid Waste Enterprise, approved 2025/26 Operating Budget.
 Five replacement vehicles (one street sweeper, one front loader waste collection truck, two Police Interceptors, and one Ford Explorer) in the amount of $1,188,342 for various departments, funded from the Vehicle/Equipment Replacement Fund.

Page 105 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.1
01/13/2026
 Amending the 2025/26 VERF Operating Budget by $356,036 for the increased cost of the street sweeper and front loader waste collection truck.

The total amount requested is not to exceed $1,596,083.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Quote

Page 106 of 148 ends

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

On February 14, 2017, by Resolution No. 2017-17, the City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”).

On June 25, 2024, by Resolution No. 2024-73, the City Council adopted the FY 2024/25 – 2025/26 Operating Budget.

On January 28, 2025, by Resolution No. 2025-10, the City Council adopted the amended FY 2024/25 Operating Budget.

On July 1, 2025, by Resolution No. 2025-72, the City Council adopted the amended FY 2024-25 – 2025/26 Operating Budget.

Page 107 of 148 ends

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE PURCHASE OF FIVE

REPLACEMENT VEHICLES (ONE FRONT LOADER WASTE

COLLECTION TRUCK, ONE STREET SWEEPER, ONE FORD

EXPLORER AND TWO POLICE INTERCEPTORS) AND ONE NEW
ROLL-OFF WASTE COLLECTION TRUCK; AND AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY

ASSOCIATED DOCUMENTS IN A TOTAL AMOUNT NOT TO EXCEED
$1,596,083; AND AMENDING THE 2025/26 VEHICLE AND

EQUIPMENT REPLACEMENT FUND OPERATING BUDGET BY
$356,036
WHEREAS, on February 14, 2017, by Resolution No. 2017-17, the City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”); and WHEREAS, on June 25, 2024, by Resolution No. 2024-73, the City Council adopted the FY 2024/25 – 2025/26 Operating Budget; and
WHEREAS, on January 28, 2025, by Resolution No. 2025-10, the City Council adopted the amended FY 2024/25 Operating Budget; and
WHEREAS, on July 1, 2025, by Resolution No. 2025-72, the City Council adopted the amended FY 2024/25 and 2025/26 Operating Budgets; and WHEREAS, the Purchasing Policy 10-7 requires that purchases or services over $50,000 be approved by the City Council; and
WHEREAS, five vehicles scheduled for replacement in FY 2025/26 in the Public Works, Police, Solid Waste and Streets Departments were inspected and evaluated by staff who determined it was prudent to replace them at this time due to the wear and tear and elevated maintenance costs; and
WHEREAS, one new vehicle will be purchased and five vehicles will be replaced in accordance with the Vehicle Policy 10-9 and will encompass the purchase of one roll-off waste collection truck, one Ford Explorer, two Police Interceptors, one front loader waste collection truck and one street sweeper; and WHEREAS, bid specifications for the three Police Department vehicles were distributed to eleven vendors, and the bid from Downtown Ford in Sacramento, California, was the lowest responsive and responsible bid; and WHEREAS, a Cooperative Purchasing Agreement (Sourcewell Contract No. 093021-SWZ) with Schwarze Industries, Inc., will be utilized for the replacement of

Page 108 of 148 ends
Page 2 of 2 ends

the street sweeper, and the Sole Source/Non-Competitive Negotiations will be utilized for the new rolloff waste collection truck and replacement front loader truck; and WHEREAS, these purchases are in compliance with the Purchasing Policy No. 10-7 and the Use of Vehicles and Related Equipment Policy No. 10-9; and WHEREAS, of the total $1,596,083 cost, $407,740 will be expended from the 2025/26 Solid Waste Enterprise Fund Operating Budget; and WHEREAS, $1,188,343 will be expended from the Vehicle and Equipment Replacement Fund; and
WHEREAS, staff is requesting the 2025/26 Vehicle and Equipment Replacement Fund Operating Budget be amended in the amount of $356,036 to allow for these expenditures.

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

1. The City Council approves the purchase of five replacement vehicles and one new vehicle as follows: (1) one Ford Explorer and two Police Interceptors from Downtown Ford in Sacramento, California; (2) one front loader waste collection truck and one new roll-off waste collection truck from Arata Equipment Company in Redwood City, California; and (3) one street sweeper from Schwarze Industries, Inc., in Huntsville, Alabama; and

2. The City Council authorizes the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $1,596,083; and

3. The City Council further amends the 2025/26 Vehicle and Equipment Replacement Fund Operating Budget by $356,036.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of January 2026 by the following vote:

Page 109 of 148 ends

Bill To:

City of Brentwood
Attn: Accounts Payable
150 City Park Way
Brentwood CA 94538
City of Brentwood
2201 Elkins Way Corporation Yard
Brentwood, CA 94538
Date Estimate# Purchase Order Nu... Terms Sales Representative 11/13/2025 6031 DueUponR ... Don
Description Quantity Price Each Sales Tax Excise Tax Amount Wittke Starlight - Price Including Options 1 260,555.00 Yes No 260,555.00 2026 Peterbilt Model 520 - 4 Axle Cab & 1 238,905.00 Y$!S No 238,905.00 Chassis - Tag
Sub-Total Subject to Sales Tax 499,460.00
Estimated Freight 1 3,750.00 No No 3,750.00
Exempt DMV License and Weight Fees 1 0.00 No No 0.00
Interest Flooring - October 24, 2025 thru 1 12,150.00 No No 12,150.00 January 24, 2025
(90 Days @ $135 per Day)
C.A.R.B - Registration - State 1 9,000.00 No No 9,000.00 C.A.R.B. Emission Warranty 1 2,186.00 No No 2,186.00
Sales Tax 8.75% 43,702.75
Vehicle Identification Num... Stock Number Subtotal $526,546.00 Total $570,248.75
1655 Old County Road, San Carlos, CA 94070 ~ (650) 508-1010 ~ Fax: (650) 508-1011 ~ www.arata.com Page 110 of 148 ..

November 7, 2025

MUNICIPAL

MAINTENANCE

EQUIPMENT
CSLB #980409
DIR 1000004282
www.source-mme.com
Toll Free 1-888-484-9968
City of Brentwood
2201 Elkins Way
Brentwood, CA 94513
Tel: 925-516-6017
Cell: 925-260-9440
[email protected]
Attention: Scott Dempsey, Fleet Manager
We are pleased to provide the enclosed contract pricing sheet off the Sourcewell Contract No. 093021-SWZ for One (1) Schwarze Model A9 TE Monsoon Street Sweeper mounted on a new Peterbilt 220 truck chassis for your review.

Summary: Complete Unit per attached Sourcewell price sheet Price F.O.B. Brentwood, CA
Less Additional Discount Offered by Local Dealer
Sub-Total

8.75% Estimated Sales Tax
CA Tire Fee (6@ $1.75 Each)
Total
$459,439.75
34,738.58
$424,701.17
37,161.35

10.50 $461,873.02
• Schwarze is the Sourcewell contract holder and all purchasing documents are to go directly to them. City's Purchase Order to be prepared and sent directly to Schwarze Industries Inc. 1055 Jordan Road, Huntsville, AL 35811
Contact: M.J. Dubois Tel: (410) 924-1004 Email: [email protected] • Municipal Maintenance Equipment, Inc. is the local dealer and will provide warranty support and future service for the Schwarze products.
• Pricing includes delivery and on-site training .
• Normal delivery 210-240 days A.R.O., depending on chassis availability. • CARB Disclosure: A vehicle operated in California may be subject to California Air Resources Board Advanced Clean Fleets regulations. It therefore could be subject to the requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets • Due to California emissions requirements, special permits may be required on engines. MME cannot provide these permits and we recommend you contact your local Air Resources Management District for the specific requirements.
• Sales tax applicable at time of delivery will be shown on invoice. • Terms per Sourcewell Program.
• Quotation valid for 30 days
Thank you for your interest in this fine product. Should you have any questions or need additional information, please let us know. We look forward to being of service.

Sincerely,
M . nance Equipment, Inc.

Enclosure
4634 Mayhew Road
Sacramento, CA 95827
Office: 916-922-1101
Fax: 916-922-1034
4750 Caterpillar Road, #D
Redding, CA 96003
Office: 530-243-4856
Fax: 530-243-1447
13922 Gracebee Avenue
Norwalk, CA 90650
Office: 714-528-8770
Fax: 714-528-8744
1930 W. Winton Avenue, # 1
Hayward, CA 94545
Office: 510-670-0230
Fax: 510-670-9003 Page 111 of 148
11/06/2025
A9TE SWEEPER UNIT - SOURCEWELL CONTRACT NO 093021-SWZ
Customer: CITY OF BRENTWOOD Location: CALIFORNIA
I Descri(!tion I Amount I
Schwarze Model A9TE Monsoon Street Sweeper unit with all standard equipment, 130 HP Cummins Tier IVF Sourcewell Discount
Peterbilt 220, 33,000 GVWR dual steer 220 HP Chassis - special order Body mounting on chassis
Standard sweeping head with rubber blast orifice
Dual gutter brooms shall be 44" minimum diameter each and provide a minimum of 144" sweeping path (including suction head) power with tilt Dual GEO gutter broom
Standby, Full with throttle ramp
Variable speed gutter brooms
10 point remote grease manifold
Three camera system, mount camera facing each gutter broom and one facing rear hopper door Additional 350 gallon water tank
Water tank low level alarm & indicator
Auto drop down screens
Hopper drain 6" stainless steel
Hopper sound suppression

Page 1 of 3 ends
Page 112 of 148 ends

I Descril!tion I Amount I
Hopper Deluge, 4 Nozzle Conical Spray
Hopper up alarm and indicator
Hopper auxiliary engine screen cover
Hopper High Strength Stainless Steel with Lifetime Warranty Low hydraulic level indicator in-cab
Flood light, LED Extra - right hand side gutter broom facing out.

Paint Standard
Decal Kit
8" parabolic mirrors
Standard warranty 1 year or 1200 hours
Arrow Bar
Hopper Inspection Door Handle Deflector
One ( 1) Extra Set of Keys
Hopper Screen Shaker
Peterbilt Air Hom
3" Right Side Gutter Broom Extension
Relocate Rear View Camera
Lighting Kit to Include: Dual Bumper Strobes, Flush Rear Strobes, Flush Mounted Hopper Strobes, and 2 M4 Strobes on Beacon Mount Local dealer pre delivery inspection
Delivery
PRICE OFFERED TO SOURCEWELL MEMBER $459,439.75
Additional discount offered by local dealer ($34,738.58) PRICE OFFERED TO SOURCEWELL MEMBER with ADDITIONAL DISCOUNT $424,701.17 Sales Tax - 8.750% $37,161.35

Page 2 of 3 ends
Page 113 of 148 ends

I DescriEtion I Amount I
California tire tax $10.50
PRICE OFFERED TO SOURCEWELL MEMBER with ADDITIONAL DISCOUNT and TAX $461,873.02 Sourcewell Contract NO 093021-SWZ
Vendor/Contract Holder Schwarze Industries Inc. 105 5 Jordan Road, Huntsville, AL 3 5 811 PURCHASE ORDER TO BE MADE TO: Schwarze Industries, Inc.

Contact: M.J. DuBois Email: [email protected] Phone:410-924-1004

Page 3 of 3 ends

Brentwood Special Options Pricing
Arrow Bar
Hopper Inspection Door Handle Deflector
1 Extra set of Keys
Hopper Screen Shaker
Peterbllt Air Horn
3" Right Side Gutter Broom Extension
Relocate rear view camera
light kit including : Dual bumper strobes, Flush rear strobes Flush hopper mounted strobes, 2 M4 strobes on becon mount SOR Total
$
$
s
s
$
$
$
1,22s.oo 204V02
STD
180.00
835.00 204H83
$1,300.00 21737
200.00 204M21
525.00 206892
1,600.00 206A64, 206A52, 206A53, 206891
5,865.00

Page 115 of 148 ends

Bid Tab - Fords City Vehicles EVs Excluded 10.8.25.xls
TABULATION OF BIDS MATERIAL DESCRIPTION:

RECOMMEND: Downtown Ford VENDOR
REASON: Lowest responsible bid. ADDRESS

QUOTE DATE
QUOTE NO.

PHONE

CONTACT
FAX
APPR: EMAIL
TERMS
ITEM # QTY DESCRIPTION UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL 1 1 $39,065.13 $39,065.13 $38,845.75 $38,845.75 $35,830.00 $35,830.00 $36,472.75 $36,472.75 $42,596.64 $42,596.64 2 2 $58,575.97 $117,151.94 $51,012.70 $102,025.40 $51,392.00 $102,784.00 $53,713.75 $107,427.50 $62,651.21 $125,302.42 3 3 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Tax 8.75% inc. inc. $12,128.73 $12,591.27 inc.

Total $156,217.07 $140,871.15 $150,742.73 $156,491.52 $167,899.06 $0.00 $0.00 Less 3% Local Preference $5,036.97
Local Bid Pricing $162,862.09
No Bid No Bid
[email protected]
Missing options See email #2
Disqualified
Missing options See Quote
Build Sheets
Disqualified
Bill Brandt Ford
8100 Brentwood Blvd.

Brentwood, CA 94513
10/4/2023
925.634.3551
Jim Brandt
[email protected]
Downtown Ford of Los Angeles
1540 S. Figueroa St.

Los Angeles, CA 90015
Three (3) Ford Vehicles; description below.

Jorge Velazquez
[email protected]
213-516-4530
[email protected]
Joseph Saller
916-252-6260 562-679-7162
BP Ford of Long Beach
2950 Bellflower Blvd.

Long Beach CA 90815
Downtown Ford
Sandra Scott/Aaron Woodward
1535 Howe Ave
Sacramento, CA 95825
COB2522 Explorer Active Black
COB2523 Police Interceptor Black
COB2524 F150 Lightning Pro **Discontinued from Manufacturer** Mike Angius
Future Ford of Roseville Ron Dupratt Ford
650 Auto Mall Dr
Roseville, CA 95661
1760 N Lincoln St.

Dixon, CA 95620
[email protected] [email protected]
279-239-1026 707.693.6117
Brandon Bills
Ford Fairfield
3050 Auto Mall Court
Fairfield, CA 94534
707.421.3300
Bill Fell
[email protected]

Page 116 of 148 ends

Contact: May, 14th, 2025 (Revised)
Client Mr's. Jon Carlson & Scott Dempsey
City of Brentwood
375 Sunset Road
Phone/Fax: Brentwood, California
925-250-9558
Model: Galbreath Roll-Off - Model # AFCA-TM-7-24
Chassis MFR: Peterbilt
Engine: Paccar PX-9 Model: Peterbilt 520 Axles: 8 x 4
Transmission: Allison 3000 Series Cab: Cab-over Aux. Axle: Pusher Driving config. LH Drive Only
Cab color: Factory White Body color: Black
Chassis color: Black Paint scheme: None Match Cab: Yes
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
$4,700.00 Front Mounted Pump in lieu of Transmission Mounted $407,739.00 Grand Total Galbreath / Peterbilt Unit Price Front Box Stops - #4 Standard
Tool holder - located on drivers’ side - with two receptacles Speed up programmed to be activated off the cruise control Hoist Up Alarm Audio Interrupter - Alarm Silenced When Parking Brake is applied Lighting Options:

Two additional lights in Tarper Gantry
Installation of 2 additional - Back up Lights at Rear Bumper Exempt Estimated D.M.V. License & Weight Fees
$9,000.00 C.A.R.B. - Registraton - State
$2,186.00 C.A.R.B. Emission Warranty
$365,270.00 Sub-total with Freight
Exempt Excise Tax @ 12%
$31,283.00 Sales Tax @ 8.75% w/o freight
$230,265.00 2026 Peterbilt Model 520 - 4 axle Cab & Chassis - Pusher $357,520.00 Sub-total
$7,750.00 Estimated Freight
Hoist Capacity of 50,000 pounds
Contoured Poly Tandem Fenders
Hydraulic tank will be frame mounted on Driver’s side
2 - Nylon Rear Hold Downs at Rear
Mid-body turn signals
Rear Tail Roller - built in style without Hydraulics
Address:

Galbreath Model Model # AFCA-TM-7-24

DESCRIPTION
Two (2) Part Epoxy Primer and Paint. (Gloss Black)
Aluminum Toolbox - 18" D x 18" T x 48" L
Galbreath Hoist unit Price with all above Options Included Roll-Rite Tarper with all Special Mounts and Fabricated Brackets - (with Remote Fob) Inside/Outside Controls
Cable to be 80' long - 7/8" Diameter
Front Mounted Pump in lieu of Transmission Mounted
2 - Nylon Rear Hold Downs 2 Front
Cable End to be #4 - Fixed Hook
Pricing Summary
$122,555.00
2 - Additional Work Lights at rear of Hoist
Set up for hauling boxes between 16' to 24'
Dual Third Eye Camera System - one Rear view on Tarper, one at rear Licenne Plate Area Work Lights - Two (2) High Beam L.E.D. - Recessed mounted in the Bumper

Page 117 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.2
1/13/2026
SUBJECT: Policy guidance relative to out-of-service area service agreements DEPARTMENT: Public Works
STAFF: Christopher Ziemann, Assistant Director of Public Works Casey Wichert, Director of Public Works

TITLE/RECOMMENDATION
Staff is asking Council to provide direction relative to requests for City provided utility services outside of City limits.

FISCAL IMPACT
There are no direct fiscal impacts associated with this item. Should the City Council establish a policy to standardize out-of-service area agreements, the cost of services and any applicable fees would be fully recovered through those agreements.

BACKGROUND
Occasionally, staff receives requests for service from parcels outside of the City limits.

Recently, a developer requested an out-of-service area agreement to supply recycled water for landscape irrigation purposes on a 4-lot housing development. This project is located on Balfour Rd, west of City limits and east of Deer Valley Road. Staff has no additional details relative to the development as the project is still in the conceptual stage. Prior to considering this request, staff is seeking Council direction on how requests of this nature should be handled going forward.

Only one other out-of-service area agreement currently exists. That agreement was approved by Council in 2019 for the purpose of providing recycled water to irrigate a crop of olive trees on Deer Valley Road at the west terminus of Balfour Road. That agreement required the Local Agency Formation Commission (LAFCO) approval to amend the Sphere of Influence of the East Contra Costa Irrigation District (ECCID) to allow the City of Brentwood and ECCID to provide non-potable or recycled water to the property which is in the City of Antioch’s boundaries. The City previously supplied non-potable water to the Roddy Ranch golf course prior to the owners filing for bankruptcy in 2017, and wound up writing off $136,000 in uncollectable debt as a result.

Page 118 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.2
1/13/2026
Staff anticipates future requests for recycled water service. Requests for drinking water or sewer service are possible, but less likely for various reasons. Requests for garbage and recycling services are not anticipated because Contra Costa County has a system of franchise agreements that dictate which specific haulers operate in specified areas of unincorporated Contra Costa County surrounding Brentwood.

Similarly, drinking water service areas are legally defined for the areas surrounding Brentwood city limits.

Any future out-of-service area agreements would need to be evaluated with respect to the need for LAFCO action. Generally, a city may provide new or extended services by contract outside of its jurisdictional boundary only if it first requests and receives written approval from the LAFCO in which the affected territory is located.

Government Code § 56133(a). This broad rule has a number of exceptions, including, for example, the provision of service to another agency where the service is an alternative to, or substitute for, public services already being provided by an existing public service provider. Government Code § 56133(e).

Potential policy. As no policy for requests of this nature currently exists, staff is requesting Council direction and policy guidance. Upon receiving Council’s guidance, staff can prepare a draft policy to bring back for Council’s consideration and adoption.

In addition to legal considerations and service boundary issues, a draft policy would take into consideration the impact of these requests on city infrastructure, service capacity, and how future economic development projects might be affected. Some possible factors could include:

1. The ability of the City to extend the subject service to the affected territory.

2. Consistency with the policies and general plans of the City and all affected local agencies.

3. The effect on growth and development within and adjacent to the affected territory.

4. The potential impacts on prime agricultural or open space lands.

5. The documentation presented under Government Code Section 56133(c)(1), which must provide substantial evidence to support a finding by LAFCO of an impending threat to the health or safety of the public or the residents of the affected territory.

6. The potential impacts with respect to supporting affordable or farmworker housing.

Page 119 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.2
1/13/2026

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)
Not Applicable.

ATTACHMENT(S)

1. Previous Action

Page 120 of 148 ends

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

On April 9, 2019, by Resolution No. 2019-38, the City Council approved and authorized the City Manager or designee to execute an agreement for the service of non-potable water with the property owner located at 7901 and 7929 Deer Valley Road in Antioch, California.

Page 121 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.3
01/13/2026
SUBJECT: Declare Official Intent of the City to Reimburse Itself for Certain Capital Expenditures From the Proceeds of Indebtedness
DEPARTMENT: Finance and Information Systems
STAFF: Kerry Breen, Interim Assistant City Manager

TITLE/RECOMMENDATION
Adopt a Resolution declaring the official intent of the City to reimburse itself for certain capital expenditures from the proceeds of indebtedness.

Staff recommends that the City Council approve this action, which will allow the City to utilize proceeds from the planned issuance of a wastewater bond to reimburse costs incurred on the Wastewater Treatment Plant (WWTP) Expansion – Phase II, CIP Project #592-59140 (“Project”). Without this action, bond proceeds cannot be used to cover costs incurred prior to the actual issuance of the bond. This action does not commit the City to issuing a future bond.

FISCAL IMPACT
This proposed action will allow the City to reimburse itself for Project costs in the event of a future bond issuance. This action does not commit the City to issuing a future bond. However, the City’s Wastewater Fund does not have financial capacity to complete the Project without debt financing.

Should a bond be issued at a future time, staff estimates issuance of approximately $27M to $32M in bond principal. Debt service on the bonds is estimated to be in the range of $1.7M to $2.0M per year. These increased costs would require additional wastewater revenue rate increases during the next rate study, which is anticipated to be brought to the City Council for consideration of approval in spring 2028. Rate increases attributable to a bond issuance would be approximately 1.5% per year, or a total of about 7.5% over the course of the five-year rate study period.

Although this action does not require the City to proceed with a bond issuance, if this item is approved, it would be staff’s intention to assemble the bond team with a bond issuance target date of late summer 2026. Staff would bring back a “go/no-go” staff report in spring 2026 to ensure there is continued City Council support.

Page 122 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.3
01/13/2026

BACKGROUND
On December 9, 2025 staff presented the City Council with an update on the Project and SB 1383 compliance alternatives. The Wastewater Enterprise Fund does not have sufficient cash capacity to complete the Project and must issue debt in an estimated amount of $27M to $32M to do so. This “Reimbursement Resolution” allows the City to continue work on the Project and include costs incurred since November 14th and future costs to be reimbursed from the proceeds of a future bond.

Given existing workloads around the upcoming Two-Year Operating Budget, staff anticipates commencing work on the bond in late spring 2026, with a planned issuance date of late summer 2026. Staff would return early in the spring to seek appointment of the bond team (underwriter, legal counsel, and fiscal advisor) and to ensure the City Council remains supportive of the Project and the bond issuance.

Tonight’s action does not require the City to ultimately issue a bond – the main purpose of this action is to allow flexibility in the future use of bond proceeds.

The City will not incur any external costs relating to the potential bond issuance until given specific authorization to do so by the City Council at a later time.

CITY COUNCIL STRATEGIC INITIATIVE
FY 2020/21 – FY 2021-22. Focus Area 1: Infrastructure, 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 of Brentwood (“City”) per the City’s General Plan (a) Secure funding and start construction of the Wastewater Treatment Plant Expansion.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

Page 123 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.3
01/13/2026

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

1. Request that staff bring back the Project for City Council consideration of revising the Project scope or not moving forward with it, in order to reduce costs, eliminating the need for a bond.

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

Page 124 of 148 ends

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

On July 11, 2017, by Resolution No. 2017-102, the City Council approved and authorized the City Manager to take certain actions regarding: 1) a financing agreement with the State of California pertaining to certain recycled water infrastructure projects, and 2) the repayment of moneys owed the State of California for the financing of certain recycled water and wastewater infrastructure projects.

On October 24, 2017, by Resolution No. 2017-133, the City Council approved and authorized the City Manager to execute an Agreement for Construction Management Services with The Covello Group in a not-to-exceed amount of $1,022,577, which included a 10% contingency, for the Municipal Service Center, CIP Project No. 337- 37206; Non-Potable Storage Facility, CIP Project No. 592-59198; and Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140.

On May 28, 2019, by Resolution No. 2019-68, the City Council adopted the City’s 2019/20 – 2023/24 Capital Improvement Program (“CIP”), which includes the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140.

On November 12, 2019, by Resolution No. 2019-123, the City Council approved and authorized the City Manager to execute a Financing Agreement and related documentation with the State of California regarding the Wastewater Treatment Plant Expansion, CIP Project No. 592-59140; designated the City Manager to serve as the City’s authorized representative in carrying out the City’s responsibilities under the Financing Agreement; and authorized the City’s Finance and Information Systems’ Director to amend the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140, and the 2019/20 – 2023/24 Capital Improvement Program budget to increase it due to anticipated higher project costs.

On November 12, 2019, by Resolution No. 2019-124, the City Council approved a resolution regarding the reimbursement of moneys provided by the State of California for the Wastewater Treatment Plant Expansion, CIP Project No. 592-59140; and repealed Resolution No. 2016-147.

On June 23, 2020, by Resolution No. 2020-84, the City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Wastewater Treatment Plant Expansion, Phase II, CIP Project No. 592-59140 with C. Overaa & Company in the amount of $44,516,000 plus a 10% contingency of $4,451,600, for a total amount of $48,967,600.

Page 125 of 148 ends
Page 2 of 2 ends

On December 9, 2025, the City Council approved an increase in the funding authorization with C. Overaa & Company in the amount of $1,500,000, for the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140, and authorized the City Manager or designee to execute the necessary documents to effectuate these actions.

On December 9, 2025, the City Council approved an increase in the funding authorization with TW Associates LLC, DBA Miscowater LLC in the amount of $2,500,000, for the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140, and authorized the City Manager or designee to execute the necessary documents to effectuate these actions.

On December 9, 2025, the City Council approved an increase in the funding authorization with Water Works Engineers, LLC in the amount of $650,000, for the Wastewater Treatment Plant Expansion – Phase II, CIP Project No. 592-59140, and authorized the City Manager or designee to execute the necessary documents to effectuate these actions.

On December 9, 2025, the City Council received an informational report regarding Wastewater Treatment Plan Expansion cost updates and SB 1383 Compliance Alternatives.

Page 126 of 148 ends

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD DECLARING THE OFFICIAL INTENT OF THE CITY

OF BRENTWOOD TO REIMBURSE ITSELF FOR CERTAIN

CAPTIAL EXPENDITURES FROM THE PROCEEDS OF

INDEBTEDNESS
WHEREAS, the City of Brentwood (the “City”) intends to finance the design, acquisition, construction, and equipping of certain improvements to its municipal wastewater system, including but not limited to an expansion of the City’s existing wastewater treatment plant and the installation of related pyrolysis drying equipment, further defined in scope as the Wastewater Treatment Plant Expansion – Phase II, CIP Project #592-59140 (collectively, the “Project”); and WHEREAS, the City expects to pay certain capital expenditures (the “Reimbursement Expenditures”) in connection with the Project prior to the issuance of indebtedness for the purpose of financing the costs associated with the Project on a long term basis; and
WHEREAS, the City reasonably expects that debt obligations, in one or more series, in a total amount not expected to exceed $32 million, will be issued from time to time for the purpose of financing costs of the Project on a long-term basis and that certain of the proceeds of such debt obligations will be used to reimburse the City for the Reimbursement Expenditures; and
WHEREAS, Section 1.150-2 of the Treasury Regulations requires the City to declare its reasonable official intent to reimburse prior expenditures for the Project with proceeds of a subsequent borrowing.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby finds, determines, and resolves as follows:

SECTION 1. The foregoing recitals are true and correct, and are incorporated herein.

SECTION 2. This resolution is adopted solely for purposes of establishing compliance with the requirements of Section 1.150-2 of the United States Treasury Regulations. This resolution does not bind the City to make any expenditure, incur any indebtedness, or proceed with the Project.

SECTION 3. The City Council of the City hereby declares the City’s official intent to use proceeds of indebtedness to reimburse the City for the Reimbursement Expenditures.

SECTION 4. This resolution shall take effect from and after its adoption.

Page 127 of 148 ends
Page 2 of 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of January 2026 by the following vote:

Page 128 of 148 ends

CLERK'S CERTIFICATE
I, [______], City Clerk of the City of Brentwood, do hereby certify as follows:

The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said City duly and regularly held at the regular meeting place thereof on the 13th of January, 2026, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

An agenda of said meeting was posted at least 72 hours before said meeting at City Hall, 150 City Park Way, Brentwood, California, a location freely accessible to members of the public, and posted online in accordance with all applicable laws, and a brief description of said resolution appeared on said agenda.

I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.

Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: __________, 2026
__________________________________
City Clerk
of the City of Brentwood
[SEAL]

Page 129 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.4
01/13/2026
SUBJECT: Award of contract to R & R Pacific Construction for the Jeffery Way Utility Extension Improvement Project, Phase 1 of the CIP Project No. 336-31695
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Vatsal Patel, Engineering Manager
Gail Knight, Management Analyst II

TITLE/RECOMMENDATION
Adopt a Resolution approving the contract documents, awarding the bid, and authorizing the City Manager or designee to execute a contract and necessary documents for the Jeffery Way Utility Extension Improvement Project (“Project”), Phase 1 of the CIP Project No. 336-31695 with R & R Pacific Construction as the lowest responsible and responsive bidder in the amount of $2,451,506, plus funding authorization for a 15% contingency of $367,726, for a total funding authorization not-to-exceed amount of $2,819,232.

This Project is exempt from the California Environmental Quality Act (“CEQA”) in accordance with the Public Resources Code Section 21.080.21, and a CEQA Notice of Exemption was filed with the Contra Costa County Clerk Recorder on December 18, 2025.

FISCAL IMPACT
The total contract amount with R & R Pacific Construction is $2,451,506, plus funding authorization for a 15% contingency of $367,726, for a total funding authorization not-to-exceed amount of $2,819,232.

The funds for this Project are included in the 2025/26 – 2029/30 Capital Improvement Program (“CIP”). Funding for the Project is from Roadway Development Impact Fees, the Capital Infrastructure Fund, a Local Early Action Planning grant and prior Infrastructure Improvement Funds.

There is sufficient Project budget to award the cost of the contract plus a 15% contingency.

Page 130 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.4
01/13/2026

BACKGROUND
Originally named Priority Area 1 Infrastructure Improvements (“PA-1”) as part of the FY 2017/18 – 2021/22 CIP, the Project is intended to facilitate development within the PA-1 Specific Plan Area. The original PA-1 project scope included improving Heidorn Ranch Road to a two-lane street with bike lanes for approximately 3,700 linear feet, sidewalk, utilities and streetlights. The scope also included the extension of utilities (potable and non-potable water and sewer) from the existing terminus of Empire Avenue westerly under Highway 4.

In 2018, the City solicited qualifications for design services for the PA-1 project, and ultimately selected Carlson, Barbee, and Gibson (“CBG”). In January 2019, the City entered into an agreement with CBG to provide design services and prepare construction documents for the PA-1 project.

In 2022, the PA-1 project was re-titled as part of the FY 2022/23 – 2025/26 CIP to the “Innovation Center @ Brentwood Infrastructure” and the scope of the project was adjusted over the years to include the widening of Lone Tree Plaza Drive from Heidorn Ranch Road to Canada Valley Road, expanding Heidorn Ranch Road to a four-lane arterial street, and including the extension of Jeffrey Way from Amber Lane to Empire Avenue and all associated improvements and land acquisition.

The City does not currently have the necessary right-of-way to complete the extension of Jeffrey Way from Amber Lane to Empire Avenue, however the City recently acquired the right-of-way necessary for the extension of wastewater, potable water, and non-potable water utilities from the existing terminus of Empire Avenue westward beneath State Route 4.

The utility extension designs were subsequently completed and advertised for bid earlier last year as the “Jeffrey Way Utility Extension Project.” Unfortunately, the City did not receive any bids on the Project.

In September 2025, the Project was re-advertised with an Engineer’s Estimate of $3.6M, and bids were opened on December 4, 2025. The following six bids were received:

Page 131 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.4
01/13/2026
Contractor Bid Amount
R & R Pacific Construction $2,451,506
Cratus, Inc. $2,843,565
Mountain Cascade, Inc. $2,908,195
Soracco $3,413,416
Preston Pipeline Infrastructure $3,867,100
JDB and Sons Construction $3,988,800
Staff reviewed the bids received and is recommending the award of the contract to R & R Pacific Construction as the lowest responsible and responsive bidder to extend existing potable, non-potable, and sanitary sewer utilities, westward along Empire Avenue through State Route 4 crossings to the Innovation Center as Phase 1 of the CIP Project No. 336-31695.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 1: Public Works, 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.

DATE OF NOTICE
The Project was advertised for bidding on June 12, 2025, and was re-advertised on September 12, 2025.

ENVIRONMENTAL DETERMINATION
A CEQA Notice of Exemption was filed with the Contra Costa County Clerk Recorder on December 18, 2025.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

2. Reject all bids and provide direction to staff.

Page 132 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.4
01/13/2026

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Draft Contract with R & R Pacific Construction

Page 133 of 148 ends

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

On May 24, 2016, by Resolution No. 2016-70, the City Council adopted the negative declaration, the 2016/17 – 2020/21 Capital Improvement Program (“CIP”) and the associated budget including roadway, park, wastewater, water and other municipal improvements to be constructed during the next five years and filing a notice of determination with the County Clerk.

On May 23, 2017, by Resolution No. 2017-71, the City Council adopted the 2017/18 – 2021/22 Capital Improvement Program including roadway, parks and trails, water, wastewater and community facilities improvements to be constructed during the next five years and approving the associated Operating Budget for FY 2017/18.

On January 22, 2019, by Resolution No. 2019-06, the City Council approved and authorized the City Manager or designee to execute an agreement for civil engineering services with Carlson, Barbee, and Gibson in a not-to-exceed amount of $850,000, which included a 10% contingency for the Priority Area 1 Infrastructure Improvements, CIP Project No. 336-31695.

On May 28, 2019, by Resolution No. 2019-68, the City Council adopted the 2019/20 – 2023/24 CIP including roadway, parks and trails, water, wastewater, and community facilities improvements to be constructed during the next five years and amended the FY 19/20 Operating Budget to account for all revenues, appropriations, and project funding transfers as detailed in the 2019/20 – 2023/24 CIP.

On June 28, 2022, by Resolution No. 2022-85, the City Council adopted the 2022/23 – 2026/27 Capital Improvement Program including roadway, parks and trails, water, wastewater, and community facilities improvements to be constructed during the next five years; approved a long-term interfund loan in the amount of $2,016,661, per Council/Administrative Policy 10-5, Budget And Fiscal Policies, Section 4.3, to provide capital funding for the portion of the Sand Creek Sports Complex Project costs that will be repaid with bond refinance savings.

On May 14, 2024, by Resolution No. 2024-51, the City Council approved and authorized the City Manager, to execute an agreement for the purchase and sale of easement rights with Nunn Family (No.2) Limited Partnership, for a portion of APNs 019-081-023 and 019-081-024, to acquire utility easements necessary for CIP Project No. 336-31695, Innovation Center @ Brentwood Infrastructure, for $193,904, and authorized execution of other documents as necessary to complete the right-ofway transaction.

Page 134 of 148 ends
Page 2 of 2 ends

On July 23, 2024, by Resolution No. 2024-80, the City Council approved and authorized the City Manager, or designee, in coordination with the City Attorney, to execute an agreement for the purchase and sale of easements with Melrina A. Houser, as trustee of the Houser Family Survivor’s Trust, as to an undivided 37.5% interest; William P. Maggiora and Joyce K. Yano-Maggiora, husband and wife, as joint tenants, as to an undivided 37.5% interest; and Debra R. Maggiora, a married woman as her sole and separate property as to an undivided 25% interest, for a portion of APNs 019-081-009 and 019-081-020, to acquire utility easements necessary for CIP Project No. 336-31695, Innovation Center @ Brentwood Infrastructure, for $84,500, and authorized execution of other documents as necessary to complete the right-ofway transaction.

Page 135 of 148 ends

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE CONTRACT DOCUMENTS,

AWARDING THE BID, AND AUTHORIZING THE CITY MANGER OR

DESIGNEE TO EXECUTE A CONTRACT AND NECESSARY

DOCUMENTS FOR THE JEFFERY WAY UTILITY EXTENSION
IMPROVEMENT PROJECT, PHASE 1 CIP PROJECT NO. 336-31695

WITH R & R PACIFIC CONSTRUCTION AS THE LOWEST

RESPONSIBLE AND RESPONSIVE BIDDER IN THE AMOUNT OF
$2,451,506, PLUS FUNDING AUTHORIZATION FOR A 15%
CONTINGENCY OF $367,726, FOR A TOTAL FUNDING
AUTHORIZATION NOT-TO-EXCEED AMOUNT OF $2,819,232
WHEREAS, a project formally known as Priority Area 1 Infrastructure Improvements Project (“PA-1”) was initiated as part of the FY 2017/18 – 2021/22 CIP as a result of the Specific Plan for Priority Area 1; and WHEREAS, the initial PA-1 project scope included improving Heidorn Ranch Road to a two-lane street with bike lanes for approximately 3,700 linear feet, sidewalk, utilities and streetlights, and the scope also included the extension of utilities (potable and non-potable water and sewer) from the existing terminus of Empire Avenue westerly under Highway 4; and
WHEREAS, in January 2019, the City entered into an agreement with Carlson, Barbee, and Gibson (“CBG”) to provide design services and prepare construction documents for the PA-1 project; and
WHEREAS, the PA-1 project was modified and re-titled as part of the FY 2022/23 – 2025/26 CIP to the “Innovation Center @ Brentwood Infrastructure”; and WHEREAS, the scope of the project was adjusted over the previous years to include the widening of Lone Tree Plaza Drive from Heidorn Ranch Road to Canada Valley Road, expanding Heidorn Ranch Road to a four-lane arterial street, and including the extension of Jeffrey Way from Amber Lane to Empire Avenue and all associated improvements and land acquisition; and
WHEREAS, in May and July 2024, staff acquired the necessary easement rights to enable the City to extend wastewater, potable, and non-potable utilities from the existing terminus of Empire Avenue westward across State Route 4 to support the development of the Innovation Center; and
WHEREAS, the utility extension designs were completed and advertised for bid in early 2025 as the “Jeffrey Way Utility Extension Project”, but no bids were received; and

Page 136 of 148 ends
Page 2 of 2 ends

WHEREAS, this Jeffrey Way Utility Extension Project is included in the adopted 2025/26 – 2029/30 Capital Improvement Project (“CIP”); and WHEREAS, in September 2025, the Jeffrey Way Utility Extension Project was re-advertised with an Engineer’s Estimate of $3.6M, bids were opened on December 4, 2025, and the following six (6) bids were received; and Contractor Bid Amount
R&R Pacific Construction $2,451,506
Cratus, Inc. $2,843,565
Mountain Cascade, Inc. $2,908,195
Soracco $3,413,416
Preston Pipeline Infrastructure $3,867,100
JDB and Sons Construction $3,988,800
WHEREAS, the cost of the contract with R&R Pacific Construction is $2,451,506, plus a funding authorization of 15% contingency of $367,726, for a total funding authorization not-to-exceed of $2,819,232, to extend existing potable, nonpotable, and sanitary sewer utilities, westward along Empire Avenue through State Route 4 crossings to the Innovation Center as Phase 1 of the CIP Project No. 336- 31695; and
WHEREAS, there is sufficient funds for the Jeffrey Way Utility Extension Project included in the 2025/256 – 2029/30 CIP to award the cost of the contract plus a 15% contingency; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby award the contract to R&R Pacific Construction as the lowest responsible and responsive bidder in the amount of $2,451,506; authorizes a 15% contingency in the amount of $367,726, for a total funding authorization not-toexceed amount of $2,819,232; and authorizes the City Manager or designee to execute a Public Works Contract with R&R Pacific Construction.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of January 2026 by the following vote:

Page 137 of 148 ends

Contract
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and R & R Pacific Construction (“Contractor”), for work on the Jeffery Way Utility Extension Improvement Project (“Project”), CIP Project No. 336-31695.

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On January 13, 2026, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. City has elected to include the following Project alternate(s) in the Contract: No alternates.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $2,451,506 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 60 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $2,500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

Page 138 of 148 ends

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

City of Brentwood
Engineering Department
150 City Park Way
Brentwood, CA 94513
925-516-5420
Attn: Vatsal Patel, Engineering Manager
[email protected]

Page 139 of 148 ends

Contractor:

Name: R&R Pacific Construction
Address: 619 ½ Main Street
City/State/Zip: Woodland, CA 95695
Phone: 530-668-7525
Attn: Raul Melendez
Email: [email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313.

12.9 Digital/Electronic Signatures. Using a City-approved method, this Contract may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Contract will be construed as the Parties’ consent to do business electronically. [Signatures are on the following page.]

Page 140 of 148 ends

The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ G. Harold Duffey, City Manager Katherine Wisinski, City Attorney __________________________ ___________________________________ Name, Title Name, Title
Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Amanda McVey, City Clerk
__________________________
Name, Title
Date: ___________________________
CONTRACTOR: R & R Pacific Construction
Business Name
s/_______________________________ Seal:

Maria Melendez, CFO
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
Raul Melendez, CEO
_________________________________
Name, Title
Date: ____________________________
#991942 exp.4/30/2026, A&B
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

Page 141 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.5
01/13/2026
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 for its own committees, 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, and appointments to other regional bodies. 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

Page 142 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.5
01/13/2026
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

Page 143 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.5
01/13/2026
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.

Page 144 of 148 ends

CITY COUNCIL AGENDA ITEM NO. G.5
01/13/2026
Charter City Committee (Ad-Hoc): This committee will examine the pros/cons and feasibility of a charter city, preparing information for Council consideration of a future ballot measure. As part of the upcoming strategic planning session, financial resources will need to be allocated to support the committee’s work. This ad-hoc committee will be dissolved upon Council acceptance of its final recommendations or by September 1, 2027.

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

Page 145 of 148 ends

DRAFT

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

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

Page 146 of 148 ends

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

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

Page 147 of 148 ends

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

Page 148 of 148 ends
← All documents from this meeting