Brentwood City Council
January 23, 2024

JANUARY 23, 2024, 7:00 PM

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

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

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

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

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

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

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

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

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

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

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

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

January 23, 2024, 7:00 p.m.

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

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

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

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

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

E. 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.

E.1 Minutes of the City Council/Successor Agency meeting of January 9, 2024 E.2 A Proclamation Proclaiming February as American Heart Month E.3 A Proclamation Proclaiming February as Black History Month E.4 A Proclamation Proclaiming February as National Cancer Prevention Month E.5 2024 Public Art and Design Academy Project
Title/Recommendation
City Staff recommends the City Council adopt a Resolution approving a Memorandum of Understanding (“MOU”) between the City of Brentwood (“City”) and Liberty Union High School District (“District”) regarding the Public Art and Design Academy (“PADA”) project at a cost of $20,272, amending FY 2023/24 or FY 2024/25 Operating Budget, depending on the timing of the PADA project, by increasing the Public Art Acquisition Fund by $20,272, and authorizing the City Manager or designee to execute the MOU and make minor non-substantive revisions to it, in consultation with the City Attorney E.6 Amending City Council/Administrative Policy 110-04 Procedures for Ceremonial Documents related to the process for Proclamations
Title/Recommendation
Adopt a Resolution amending City Council/Administrative Policy 110-04 Procedures for Ceremonial Documents related to the process for Proclamations E.7 A Joint Resolution of the City Council and Successor Agency Board related to City Manager/Executive Director and City Attorney/General Counsel signature authority for specific Purchase Orders, Change Orders and/or Agreements Title/Recommendation
It is recommended that the City Council and Successor Agency Board adopt a joint Resolution approving and authorizing the City Manager or City Attorney and Executive Director or General Counsel, as appropriate, to execute certain Purchase Orders, Change Orders and/or Agreements that have anticipated spending over $50,000 (City Manager and Executive Director) and $75,000 (City Attorney and General Counsel, with the higher amount limited to legal services and personnel investigative services) for FY 2023/24, after approval as to form by the City Attorney or General Counsel.

As the proposed action will not cause either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment, it is not a “project” subject to review under the California Environmental Quality Act (CEQA), and thus no environmental review is necessary.

E.8 Contract Change Order No. 4 with Goodfellow Sequoia A JV for Sand Creek Road Extension.

Title/Recommendation
Staff recommends that the City Council adopt a Resolution: 1) approving and authorizing the City Manager or designee to execute Contract Change Order No. 4 to the Contract with Goodfellow Sequoia A JV (“Goodfellow”) for the Sand Creek Road Extension, CIP Project No. 336-31700 (“Project”), in the amount of $1,140,068.34 for a total not to exceed Contract price of $9,897,051.34; and 2) amending and increasing the funding authorization contingency amount of $875,698.30 by a requested amount of $228,013.67 for a total amount of $1,103,711.97.

E.9 Second Reading of a Zoning Text Amendment (RZ 23-001) to amend subsection

17.495.005 (“Other Regulations”) and add a new conditionally permitted use to subsection

17.495.003 of the PD-45 zoning district text related to a 1.5-acre parcel Title/Recommendation
Staff recommends waiving the second reading of and adopting a Zoning Text Amendment (RZ 23-001) to amend subsection 17.495.005 (“Other Regulations”) and add a new conditionally permitted use to subsection 17.495.003 of the PD-45 zoning district text related to a 1.5-acre parcel located at 605 Sycamore Avenue (APN 016-310-076) and adopt Ordinance No. 1066.

The proposed project qualifies as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15301(e)(2), as it will be an addition to an existing facility in which the 2,877 square foot addition will not result in an increase of more than 50 percent of the floor area of the 7,421 square foot existing structure. It is further exempt from CEQA as a Class 3 categorical exemption under Guidelines Section 15303(b), as the project consists of the construction of a small multi-family residential structure totaling no more than six dwelling units within an urbanized area.

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

F.1 Application for Vesting Tentative Subdivision Map and Design Review approval for the Lone Tree Way residential project.

Title/Recommendation
Staff recommends that the City Council adopt a resolution following the Planning Commission’s December 5th, 2023, recommendation to adopt a Mitigated Negative Declaration for the project (SCH#20231003390); adopt a resolution approving a Vesting Tentative Map (VTSM 9597) for the subdivision of 16.32-acre lot into 37 single family residential lots; and adopt a resolution approving a Design Review application (DR 22- 005), subject to certain findings and conditions.

The Commission’s recommendation would include approval of a subdivision map to create 37 single-family residential lots, including two sets of duets, a public park, a new private internal roadway system, and other related on-site and off-site improvements. The recommended project qualifies for a density bonus pursuant to the ), but the project will not exceed the density allowed by the General Plan. Rather, the project will utilize waivers or reductions from certain City standards, as allowed by the SDBL. The project also includes a design review application (DR 22-005) for the homes to be constructed on the lots. The project is located at 7590/7650 Lone Tree Way (APN 018-060-006/007). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65915&l awCode=GOV
As noted below, the project that the Planning Commission recommended approving is slightly modified from what the applicant proposed.

The City prepared a Mitigated Negative Declaration for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.). Several potentially significant impacts are identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. All mitigation measures not addressed by the standard conditions of approval are included as individual conditions of approval where appropriate.

F.2 An Agreement to design and construct a high diversion organics operating facility, make certain findings pursuant to Government Code section 4217.10 et seq., and amend the Capital Improvement Program and 2023/24 Operating Budget as necessary.

Title/Recommendation
Staff recommends the City Council 1) adopt a Resolution making certain findings pursuant to Government Code section 4217.10, et seq.; 2) approve the contract documents and authorize the City Manager or designee to execute an agreement with W. M. Lyles Co. to design and construct a high diversion organics facility; 3) amend the 2023/24 – 2027/28 Capital Improvement Program (CIP); and 4) amend the 2023/24 Operating Budget for the associated project funding transfers.

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 2023/24 Mid-Year Operating Budget Amendments and Longer Term General Fund Revenue Options
Title/Recommendation
Staff recommends the City Council adopt a resolution amending the 2023/24 Operating Budget and provide feedback, if any, on longer term General Fund revenue options.

G.2 Council Selection of Preferred Consultant to Perform the Brentwood Senior Activity Center Operational Assessment & Citywide Recreational Customer Satisfaction Survey Title/Recommendation

Select preferred consultant to assist with Brentwood Senior Activity Center Operational Assessment & Citywide Recreational Customer Satisfaction Survey and amend resolution to include the consultant and agreement price.

G.3 City Council committees and committee assignments for 2024, including proposed Dissolution of the State Route 4 Noise Committee; and Dissolution of the Brentwood Neighborhood Committee.

Title/Recommendation
Staff recommends that the City Council 1) review the City Council committees, assignments and descriptions for 2024, and approve, by motion, the committees, appointments and descriptions of the committees; and 2) dissolve the Brentwood Neighborhood Committee and State Route 4 Noise Committee.

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. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a Request from Vice Mayor Meyer related to the scheduling of special City Council meetings and workshops
Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer related to the scheduling of special City Council meetings and workshops.

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

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

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

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

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

POSTING STATEMENT
On January 18, 2024, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov

A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
January 9, 2024, 7:00 p.m.

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

Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant
Vice Mayor Meyer participated via Zoom teleconference in accordance with the Brown Act "just cause" exception, per AB 2449.

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

C. PUBLIC COMMENTS
Janneth Peru thanked the Brentwood Library for their support of Hijas Del Campo's weekly Despensa program.

Alaina Nabas-Villeda thanked the City of Brentwood and Brentwood community partners for their support of Hijas Del Campo's third annual Holiday Drive.

Maribel Thanked the City Council, City staff, and the Brentwood and other local community partners for their continued support of Hijas Del Campo's annual events and programs.

Ian Cohen provided an update on behalf of the Heritage High School Chinese Culture Club.

The following individuals provided comments related Consent Item F.6:

Omar Alam
Izzy
Sumaya Alkatib
Dina Ramaha
Karri Reiser
Farid
Haroon Syed
Abraham
Hana
Dan Wade
Ahmad
Mahtop Ranjber

2 Danny Dohrmann provided comments related to the ability to provide public comments via Zoom.

D. PRESENTATIONS
D.1 Presentation from Contra Costa County Fire by Deputy Fire Chief Aaron McAlister
D.2 Presentation from the Contra Costa County Clerk Recorder's Office Thomas Gong presented on behalf of the Contra Costa County Clerk Recorder's Office.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
The City Council continued this portion of the agenda to the next regularly scheduled City Council meeting.

F. CONSENT CALENDAR
Vice Mayor Meyer requested removal of item F. 8 from the Consent Calendar.

Moved by: Jovita Mendoza, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted the Consent Calendar as recommended by staff excluding item F.8.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
The City Council recessed at 8:26 p.m. and reconvened at 8:35 p.m.

F.1 Minutes of the City Council/Successor Agency meeting of December 12, 2023
F.2 A Proclamation Proclaiming January 16, 2024, as National Religious Freedom Day
F.3 A Proclamation proclaiming January 15, 2024, as Martin Luther King Jr. Day.

F.4 A Proclamation proclaiming January 11, 2024, as Human Trafficking Awareness Day
F.5 A Proclamation Supporting Peace and Condemning Islamophobia F.6 Notice of Completion for Mercoza for the Pavement Management Program 2023 (Concrete).

Adopted Resolution 2024-01 accepting the work performed by Mercoza (“Contractor”) for the Pavement Management Program 2023

3 (Concrete), CIP Project No. 336-31702 (“Project”); and requesting the City Clerk to file a Notice of Completion with the County Recorder.

F.7 Recognized Obligation Payment Schedule (ROPS) 24-25.

Adopted Resolution 2024-01-SA of the Successor Agency to the Brentwood Redevelopment Agency (“Successor Agency”) approving the Recognized Obligation Payment Schedule (ROPS) and
Administrative Budget for July 2024 – June 2025, 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.

F.8 Consideration of the proposed list of Proclamations for 2024 and possible direction to staff on changes to the schedule.

Vice Mayor Meyer requested that National Volunteer Week be added to the proposed list of proclamations.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Approved the proposed list of Proclamations for 2024, with the addition of National Volunteer Week, recognized April 21-27, 2024.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G. PUBLIC HEARINGS
G.1 Zoning text amendment, conditional use permit, and design review for the Shepherd’s Gate cottage addition.

Council Member Pierson recused herself from the item and left the Council Chambers.

Associate Planner, Miguel Contreras, presented the item.

Mayor Bryant opened the Public Hearing.

Carol Patterson, CEO of Shepherd’s Gate, spoke as the applicant.

David Best, Project Manager with Shea Homes, spoke on behalf of the applicant.

Dr. Susan Burleson spoke in support of the project.

Greg Robinson spoke in support of the project.

4 Sinziana Todor spoke in opposition of the project.

Crisand Giles, Executive Director of HomeAid California, spoke in support of the project.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Waived first reading and introduce Ordinance 1066 approving RZ 23- 001, to amend the PD-45 zoning text, specifically subsection

17.495.005 “Other Regulations” to allow, through a Conditional Use Permit, an increase to the number of residents an existing residential group home can accommodate and add a new conditionally permitted use to subsection 17.495.003 that reflects the previously mentioned allowance.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Absent (1): Pa'tanisha Pierson, Council Member
Motion Approved (4 to 0)
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2024-02 approving CUP 23-001, which requests approval of 15 additional residents to an existing residential group home.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Tony Oerlemans, Council Member, and Joel Bryant, Mayor Absent (1): Pa'tanisha Pierson, Council Member
Motion Approved (4 to 0)
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2024-03 approving DR 23-001, which requests approval of a 2,877 square foot addition, consisting of three dwelling units (cottages), a communal pantry, laundry facility, and associated site improvements to an existing residential group home, with the removal of Design Review Item 7 related to roof drainage downspouts.

Ayes (4): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Tony Oerlemans, Council Member, and Joel Bryant, Mayor

5 Absent (1): Pa'tanisha Pierson, Council Member
Motion Approved (4 to 0)
H. BUSINESS ITEMS
H.1 Update on the Memorandum of Understanding between the City and the Downtown Brentwood Coalition
Senior Analyst Abraham Salinas presented the item.

Mayor Bryant opened the public comment period.

The following speakers spoke in support for the item:

Vicky Little
Vivian Treff
Rebeccah
Nina Koch
Lynn Tei
Randi Moser
Dee Olmedo
Neriah
Dan Wade spoke in opposition of the item.

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

H.2 Discussion of Parks and Recreation Special Event Process Recreation Manager Thien Nguyen presented the item.

Mayor Bryant opened the public comment period.

Amy Tilley, Executive Director of the Downtown Brentwood Coalition, and Karri Reiser, President of the Brentwood Chamber of Commerce, spoke in support for the item.

Greg Robinson provided comments regarding the consideration of limiting competing events scheduled at the same time.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
City Council received the report and provided the following direction:

1. Adopt staff recommendations as presented in the staff report

2. Direct staff to streamline and develop more detailed outline of how much street closures will cost

6 3. Developed tiered fees for residents v. nonresidents, and nonprofits v. for-profits for park usage

4. Develop an exemption process

5. Create a thorough and forward-looking way to educate the public on the changes

6. Tailor Brentwood Municipal Code definitions for more clarity and enforcement opportunities

7. Provide City Council with recommendations as to use of incentives for using other parks

8. Work with school districts to avoid conflicts with events

9. Have staff consider how LUD may be involved in resolving ambiguities in the application review process
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Vice Mayor Meyer requested a discussion related to the scheduling of Special City Council meetings and workshops.

J. REQUESTED FUTURE AGENDA ITEM(S)
That the City Council consider and discuss the request from Council Member Mendoza related to the ability of the City Council to mandate the internal investigations of certain employees.

J.1 Consider a Request from Council Member Mendoza related to the ability of the City Council to mandate the internal investigations of certain employees
Council Member Mendoza presented the item.

Mayor Bryant opened the public comment period.

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

Council Member Mendoza withdrew her request.

J.2 Consider a Request from Council Member Mendoza seeking information regarding Government Code Section 54954.3(c)
Council Member Mendoza presented the item.

Mayor Bryant opened the public comment period.

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

7 Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Direct staff to spend time and resources on providing additional information on this section of the Brown Act: Government Code section 54954.3(c).

Ayes (2): Jovita Mendoza, Council Member, and Susannah Meyer, Vice Mayor
Noes (3): Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Failed (2 to 3)
K. ADJOURNMENT
It was moved/seconded by Council Member Pierson/Council Member Mendoza to adjourn at 11:50 p.m. and carried unanimously.

PROCLAMATION
WHEREAS, cardiovascular disease accounted for 928, 741 deaths in the United States in 2020, according to the American Heart Association's "Heart Disease and Stroke Statistics - 2023 Update"; and WHEREAS, February is American Heart Month, and as the leading cause of death in the nation, this is a time to pay special attention to understanding, preventing, and treating heart disease; and WHEREAS, many of the risk factors for heart disease, including high blood pressure, diabetes, and obesity, are also related to brain diseases such as stroke, Alzheimer's disease, and other dementias; and WHEREAS, engaging in regular physical activity, maintaining a healthy diet and weight, managing stress, avoiding smoking and vaping, and getting quality sleep each night can all reduce the risk of heart disease and help people live longer, healthier lives.

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

AMERICAN HEART MONTH
and encourages residents to increase awareness about cardiovascular diseases and their own heart health.

Dated this 23rd day of January, 2024

PROCLAMATION
WHEREAS we celebrate the many achievements and contributions made by African Americans to our economic, cultural, and political development, through bravery, perseverance, faith, and resolve - often in the face of prejudice and hardship; and
WHEREAS, their fight for equality, representation, and respect motivates us to continue working for a·more promising and peaceful future; and
WHEREAS, the observance of Black History Monthis a call to each and every person to reflect on the contributions of African Americans, to remember the past and learn from it, so that we can build a better future for all;and
WHEREAS, Black History Month is an occasion to rediscover the enduring stories of African Americans and the gifts of freedom, purpose, and opportunity they have bestowed on future generations.

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

BLACK HISTORY MONTH
and encourages residents to join us in honoring our diverse heritage and culture, and continue our efforts to create a world that is more just, peaceful, and prosperous for all.

Dated this 23rd day of]anuary, 2024

PROCLAMATION
WHEREAS, cancer remains the second leading cause of death in the United States; and
WHEREAS, many Americans know the distress of rece1vmg a cancer diagnosis, and millions more who've watched loved ones courageously fight this disease and too often succumb to it; and WHEREAS, progress has been made against this disease through a commitment to preventing cancer, improving treatments the delivery of care, and finding a cure; and
WHEREAS, there are steps that can be taken to lower risk for many kinds of cancer; and
WHEREAS, tobacc,o use remains the top cause of cancer deaths in the United States, and by quitting smoking and limiting exposure to secondhand smoke, we can reduce cancer risk and save lives; and WHEREAS, eating healthy, getting regular physical act1v1ty, limiting alcohol consumption, and reducing sun exposure when the sun is at its peak can also help reduce the risk of getting cancers.

NOW, THEREFORE, BE IT PROCLAIMED that the City
_
Council of the City of Brentwood does hereby recognize February zoz4 as

CANCER PREVENTION MONTH
and encourages residents to increase awar�ness about cancer prevention through living a healthier life style.

Dated this 23
rd day of January, 2024

CITY COUNCIL AGENDA ITEM NO. E.5
01/23/2024
SUBJECT: 2024 Public Art and Design Academy Project
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Thien Nguyen, Recreation Manager

TITLE/RECOMMENDATION
City Staff recommends the City Council adopt a Resolution approving a Memorandum of Understanding (“MOU”) between the City of Brentwood (“City”) and Liberty Union High School District (“District”) regarding the Public Art and Design Academy (“PADA”) project at a cost of $20,272, amending FY 2023/24 or FY 2024/25 Operating Budget, depending on the timing of the PADA project, by increasing the Public Art Acquisition Fund by $20,272, and authorizing the City Manager or designee to execute the MOU and make minor non-substantive revisions to it, in consultation with the City Attorney

FISCAL IMPACT
If approved, the project cost of $20,272 for all materials, equipment and supplies will be funded through the Public Art Acquisition Fund. The FY 2023/24 or FY 2024/25 Operating Budget will require an amendment for the project expenditures, depending on the timing of the PADA project. Including the requested amendment of $20,272, the fund balance in the Public Art Acquisition Fund at June 30, 2024 is projected to be $2,840,630. The Public Art Acquisition Fund consists of development fees collected for the acquisition and construction of Public Art and can only be used for public art projects.

BACKGROUND
Annually, the City works with Liberty High School’s PADA on art projects designed and created by the academy’s students. On December 13, 2023, PADA students presented three sculpture project conceptual ideas to the Arts Commission. The project will be installed in the planter box on the corner of Sand Creek Road and O’Hara Avenue in Brentwood, CA. This year, drawing inspiration from the location of the project, the goal of PADA is to “represent the chinook salmon that used to migrate

CITY COUNCIL AGENDA ITEM NO. E.5
01/23/2024
up Sand Creek”. Following discussion, the Arts Commission selected the project concept “Tri-Fish” for recommendation to City Council.

The Arts Commission is recommending that City Council approve the MOU for PADA’s sculpture, and authorize funds for this project from the Public Art Acquisition Fund, in the amount of $20,272.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)

1. Do not approve the resolution and MOU for the PADA project this year.

2. Approve the resolution and MOU for the PADA project and request staff to identify a new conceptual idea to be considered by the Arts Commission.

ATTACHMENT(S)

1. Attachment 1: Previous Action

2. Attachment 2: Memorandum of Understanding

3. Attachment 3: Resolution

Attachment 1

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

On November 12, 2014, City Council adopted Resolution 2014-170 approving an MOU between the City and the District regarding the Academy’s murals at the cost of $10,463.64, amending the FY 2014/15 Operating Budget by increasing the Public Art Acquisition Fund by $10,463.64, and authorizing the City Manager to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and
On October 27, 2015, City Council adopted Resolution 2015-161 approving a MOU between the City and the District regarding the Academy’s mosaic sculptures at the cost of $16,728, amending the FY 2015/16 Operating Budget by increasing the Public Art Acquisition Fund by $16,728, and authorizing the City Manager to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and
On November 15, 2016, City Council adopted Resolution 2016-156 approving a MOU between the City and the District regarding the Academy’s mixed media mural at the cost of $11,892, amending the FY 2016/17 Operating Budget by increasing the Public Art Acquisition Fund by $11,892, and authorizing the City Manager to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and
On November 14, 2017, City Council adopted Resolution 2017-145 approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $14,746, amending the FY 2017/18 Operating Budget by increasing the Public Art Acquisition Fund by $14,746, and authorizing the City Manager or his designee to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and
On November 13, 2018, City Council adopted Resolution 2018-147 approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $9,434, amending the FY 2018/19 Operating Budget by increasing the Public Art Acquisition Fund by $9,434, and authorizing the Director of Parks and Recreation to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and

Attachment 1
On January 28, 2020, City Council adopted Resolution 2020-08 approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $4,819, amending the FY 2019/20 Operating Budget by increasing the Public Art Acquisition Fund by $4,819, and authorizing the Director of Parks and Recreation to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and
On February 9, 2021, City Council adopted Resolution 2021-21 approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $12,299, amending the FY 2020/21 Operating Budget by increasing the Public Art Acquisition Fund by $12,299, and authorizing the Director of Parks and Recreation to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and
On February 8, 2022, City Council adopted Resolution 2022-21 approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $10,426, amending the FY 2021/22 Operating Budget by increasing the Public Art Acquisition Fund by $10,426, and authorizing the Director of Parks and Recreation to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and
On April 11, 2023, City Council adopted Resolution 2023-43 approving a Memorandum of Understanding with the Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $3,513, amending the FY 2022/23 Operating Budget by increasing the Public Art Acquisition Fund by $3,513, and authorizing the Director of Parks and Recreation or designee to execute the Memorandum of Understanding and make minor non-substantive revisions to it in consultation with the City Attorney.

1 MEMORANDUM OF UNDERSTANDING

BETWEEN

LIBERTY UNION HIGH SCHOOL DISTRICT

AND THE CITY OF BRENTWOOD
This Memorandum of Understanding (“MOU”) is entered this ____ day of _________, 2024 (“Effective Date”), by and between Liberty Union High School District (“District”) and the City of Brentwood, a municipal corporation of the State of California (“City”) (each a “Party” and collectively, the “Parties”.)

RECITALS
A. The City desires to support the District’s Public Art and Design Academy through the available public art acquisition fund.

B. The City desires a sculpture in the planter box on the corner of Sand Creek Road and O’Hara Avenue in Brentwood, CA (“Project”) by the students of the Public Art and Design Academy of Liberty High School.

C. The sculpture’s goal is to represent the Chinook salmon that used to migrate up Sand Creek.

D. The Parties desire to memorialize their relationship in this MOU and to set forth their respective roles and obligations related to the City’s support of the Project.

NOW, THEREFORE, IT IS HEREBY AGREED by the Parties as follows:

1. Responsibilities of the District. Along with the terms and conditions of this MOU, the District agrees to be responsible for and complete those items set forth in the attached Exhibit B, which is incorporated herein by this reference.

2. Responsibilities of the City. Along with the terms and conditions of this MOU, the City agrees to be responsible for and complete those items set forth in the attached Exhibit C, which is incorporated herein by this reference.

3. Relationship of the Parties. It is understood that this is an MOU by and between independent contractor(s) and is not intended to, and will not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor.

4. Term. This MOU will commence on the Effective Date and, unless extended or terminated earlier pursuant to this MOU, will terminate August 31, 2024.

5. Indemnity. Except as to the sole negligence or willful misconduct of the District, City will defend, indemnify and hold the District, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including reasonable attorneys’ fees, which arises out of, or is in any way connected with the performance of, the services by City or any of City’s employees, agents or subcontractors, notwithstanding that the District may have benefited from their services.

2 Except as to the sole negligence or willful misconduct of City, the District will defend, indemnify and hold City, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including reasonable attorneys’ fees, which arises out of, or is in any way connected with the performance of, the services by the District or any of the District’s employees, agents or subcontractors, notwithstanding that City may have benefited from their services.

The duty of the Parties to indemnify and save harmless as set forth herein, will include the duty to defend as set forth in Section 2778 of the California Civil Code. This Section 5 will survive the expiration of this MOU.

6. Insurance. Each Party will maintain comprehensive general liability insurance in the amount of two million dollars ($2,000,000) combined single limit to protect the Parties, their officers, employees and agents against claims for bodily injury, and property damage arising from the any Party’s participation in the activities described herein. The form of such insurance will be satisfactory to each Party and may include self-insurance at levels acceptable to the Parties. Each Party’s policy or policies will name the other Party as additional insured. This Section 6 will survive the expiration of this MOU.

7. Ownership Rights.

A. Copyrights.
1) Students and/or their parent or legal guardian (“Students”) and District shall retain all copyrights in and to any work(s) created under this MOU, provided that Students grant to City, by separate instrument, an irrevocable license to graphically depict the work for any non-commercial purpose whatsoever. For the purposes of this limitation, the graphic depiction of the work(s) on materials designed to promote City shall be deemed to be a non-commercial use. City shall not be responsible for any third party infringement of Students’ or District’s copyright. City reserves the right to post the Project art on the City of Brentwood’s website and in marketing publications. 2) If for any reason the Project, or any portion thereof, is not implemented, all rights to the proposed work shall be retained by Students and District. 3) District agrees that all work performed under this MOU shall comply with all applicable patent, trademark and copyright laws, rules, regulations and codes of the State of California and the United States. District hereby represents and warrants that the work does not, and District has not and will not, utilize any photographs, patent, trademark or copyright in performance under this MOU unless and until District has obtained proper permission and all releases and other necessary documents. If District specifies any material, equipment, process or procedure which is protected, District shall disclose such patents, trademarks and copyrights in the construction drawings and technical specifications, such listing to be appended to this MOU and shall be incorporated by this reference.
4) District agrees to release, indemnify, defend and save harmless City, its officers and employees from any and all claims, damages, suits, costs, expenses, liabilities, actions or proceedings of any kind resulting from the performance under this MOU which infringes upon any patent, trademark or copyright or other right protected by law.

3 B. District Moral Rights; City Ownership Rights.
1) City intends to make its best efforts to display the work at the project site as originally created by Students and District and to maintain the work in good condition. However, City must preserve complete flexibility to operate and manage City properties. Therefore, subject to its obligation to make good-faith efforts to consult with Students as set forth in subparagraph (B)(3) below, City retains the absolute right to alter, repair, modify, remove, relocate, sell, dispose of, or destroy (collectively, “Modify”) the work in its sole judgment. For example, City may modify the work to eliminate hazards, to comply with the ADA, to otherwise aid in the management of its property and affairs, or through neglect or accident. If, during or after the term of this Agreement, City finds the project site to be inappropriate, City has the right to install the work at an alternate location that it chooses in its sole reasonable discretion.
2) With respect to the work produced under this Agreement, except as otherwise set forth herein, District waives any and all claims, arising at any time and under any circumstances, against City its officers, agents, employees, successors and assigns, arising under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art. If the work is incorporated into a building such that the work cannot be removed from the building without physical defacement, mutilation, alteration, distortion, destruction, or other modification (collectively, “Modification”) of the work, District waives any and all such claims against any future owners of the Site, and its agents, officers and employees, for Modification of the work.
3) Where time permits, prior to and Modification of the work, City shall make reasonable good faith efforts to notify and consult with Students, at the last phone number or address provided by Students to the City, and to come to a mutually agreeable plan for disposition of the work. Such consultation shall be without charge by Students unless otherwise specifically agreed in writing. If the work is modified and City intends to maintain the work on display, City shall make a reasonable good faith effort to engage Students in the restoration of the work and to compensate Students for Students’ time and efforts at fair market value, which may be the subject of a future Agreement between Students and City. However, City has no obligation under this Agreement to restore the work or to compensate Students for any restoration work. If City Modifies the work without Students’ consent in a manner that is prejudicial to Students’ reputation, Students retain the right to disclaim authorship of the work in accordance with California Civil Code §987(d) and 17 U.S.C. §106A(a)(2). 4) Except as provided in this Agreement, with respect to third parties who are not officers, employees, agents, successors or assigns of City, District retains District’s moral rights in the work, as established in the Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 and 989), or any other local, state, federal or international moral rights laws that protect the integrity of works of art. Accordingly, nothing herein shall prevent District from pursuing a claim against a third party who is not an officer, employee, agent, successor or assign of City for Modification of the work. City has no obligation to pursue claims against third parties to remedy or prevent Modification of the work. However, as owner of the work, City may pursue claims against third parties for damages or to restore the work if a Modification of the work has occurred without City’s authorization.

8. Non-discrimination. The Parties will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

4 9. Entire Agreement. This MOU and its Exhibits set forth and contain the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this MOU. No testimony or evidence of any such representations, understandings, or covenants will be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this MOU.

10. Amendments. Changes to the terms and conditions of this MOU will be made only by written amendment signed by the Parties.

11. Notices. All notices with respect to this MOU will be given by first class mail to the parties as follows:

City: City of Brentwood
Attention: Director of Parks and Recreation
150 City Park Way
Brentwood, CA 94513
District: Liberty Union High School District
Attention: Superintendent of Schools
20 Oak Street
Brentwood, CA 94513
Or to such other persons, addresses or telephone numbers as the Parties may designate in writing from time to time.

12. Termination. Either Party may terminate this MOU, by delivery of written notice of election to terminate to the other Party. In the event of termination and in addition to the requirements of Exhibit B, any unexpended funds will be returned to the Party that has contributed them.

13. Assignment. Neither Party will assign any right or obligation pursuant to this MOU without the written consent of the other Party. Any attempted or purported assignment without the written consent of the other Party will be void and of no effect.

14. Jurisdiction and Venue. Any action at law or in equity brought under this MOU for the purpose of enforcing a right or rights provided for by this MOU will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

15. Paragraph Headings. Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof.

16. Waiver. Waiver by either Party of any default, breach or condition precedent will not be construed as a waiver of any other default, breach or condition precedent or of any other right under this MOU.

17. Severability. If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.

5 18. Authority. The individuals executing this MOU represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this MOU on behalf of the respective legal entities of the Parties.

19. Signatures.

19.1 Counterparts. This MOU may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.

19.2 Digital/Electronic Signatures. Using a City-approved method, this MOU may be executed using digital or electronic signatures in accordance with Government Code Section

16.5. The presence of an electronic signature on this MOU will be construed as the Parties’ consent to do business electronically.

Liberty Union High School District:

By:

Eric L. Volta, Superintendent
City of Brentwood:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

By:

Katherine Wisinski, Interim City Attorney

6 Exhibit A
Project Description
The sculpture entitled “Tri-Fish” will be installed in the planter box on the corner of Sand Creek Road and O’Hara Avenue in Brentwood, CA. The goal for this Project is to represent the Chinook Salmon that used to migrate up Sand Creek.

Location of Sculpture
Sculpture Rendering

7 Exhibit B
District Responsibilities

1. Provide students for the Project.

2. The sculpture will be installed in the planter box on the corner of Sand Creek Road and O’Hara Avenue in Brentwood, CA (as described in Exhibit A).

3. Provide adult faculty supervision for the duration of the Project.

4. Purchase supplies and equipment needed for Project in the amount of $20,272.

5. Ensure that students and their parents or legal guardians sign an Ownership Rights Form related to the project.

8 Exhibit C
City Responsibilities

1. Approve safety plan for the sculpture during the Project.

2. Pay $20,272 for supplies and equipment.

3. Accept long-term maintenance and insurance of the sculpture, but City retains the absolute right to alter, repair, modify, remove or destroy the Project in its sole judgment pursuant to the terms of the MOU.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY

OF BRENTWOOD AND LIBERTY UNION HIGH SCHOOL DISTRICT

REGARDING THE PUBLIC ART AND DESIGN ACADEMY SCULPTURE AT THE COST OF $20,272, AMENDING THE FY 2023/24 OR FY 2024/25

OPERATING BUDGET, DEPENDING ON THE TIMING OF THE PADA

PROJECT, BY INCREASING THE PUBLIC ART ACQUISITION FUND BY $20,272 AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

EXECUTE THE MEMORANDUM OF UNDERSTANDING AND MAKE MINOR

NON-SUBSTANTIVE REVISIONS TO IT IN CONSULTATION WITH THE CITY

ATTORNEY
WHEREAS, the City desires to support the Liberty High School’s Public Art and Design Academy (the “Academy”) through the available public art acquisition fund; and WHEREAS, on November 12, 2014, City Council adopted Resolution 2014-170 approving an MOU between the City and the District regarding the Academy’s murals at the cost of $10,463.64, amending the FY 2014/15 Operating Budget by increasing the Public Art Acquisition Fund by $10,463.64, and authorizing the City Manager to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and WHEREAS, on October 27, 2015, City Council adopted Resolution 2015-161 approving a MOU between the City and the District regarding the Academy’s mosaic sculptures at the cost of $16,728, amending the FY 2015/16 Operating Budget by increasing the Public Art Acquisition Fund by $16,728, and authorizing the City Manager to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and WHEREAS, on November 15, 2016, City Council adopted Resolution 2016-156 approving a MOU between the City and the District regarding the Academy’s mixed media mural at the cost of $11,892, amending the FY 2016/17 Operating Budget by increasing the Public Art Acquisition Fund by $11,892, and authorizing the City Manager to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and WHEREAS, on November 14, 2017, City Council adopted Resolution 2017-145 approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $14,746, amending the FY 2017/18 Operating Budget by increasing the Public Art Acquisition Fund by $14,746, and authorizing the City Manager or his designee to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and
WHEREAS, on November 13, 2018, City Council adopted Resolution 2018-147 approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $9,434, amending the FY 2018/19 Operating Budget by increasing the Public Art Acquisition Fund by $9,434, and authorizing the Director of Parks and Recreation to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and
WHEREAS, on January 28, 2020, City Council adopted Resolution 2020-08 approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $4,819, amending the

FY 2019/20 Operating Budget by increasing the Public Art Acquisition Fund by $4,819, and authorizing the Director of Parks and Recreation to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and WHEREAS, On February 9, 2021, City Council adopted Resolution 2021-21 approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $12,299, amending the FY 2020/21 Operating Budget by increasing the Public Art Acquisition Fund by $12,299, and authorizing the Director of Parks and Recreation to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and WHEREAS, On February 8, 2022, City Council adopted Resolution 2022-21 approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $10,426, amending the FY 2021/22 Operating Budget by increasing the Public Art Acquisition Fund by $10,426, and authorizing the Director of Parks and Recreation to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and WHEREAS, On April 11, 2023, City Council adopted Resolution 2023-43 approving a Memorandum of Understanding with the Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $3,513, amending the FY 2022/23 Operating Budget by increasing the Public Art Acquisition Fund by $3,513, and authorizing the Director of Parks and Recreation or designee to execute the Memorandum of Understanding and make minor non-substantive revisions to it in consultation with the City Attorney; and WHEREAS, the Arts Commission has recommended to the City Council a sculpture within the City of Brentwood by the students of the Academy; and WHEREAS, the sculpture’s goal is to “represent the Chinook salmon that used to migrate up Sand Creek”; and
WHEREAS, supplies for the Academy to be used for the sculpture will cost $20,272; and WHEREAS, the City and the District desire to memorialize their relationship regarding the sculpture in an MOU to set forth their respective roles and obligations.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood approves a Memorandum of Understanding with the Liberty Union High School District regarding the Public Art and Design Academy sculpture at the cost of $20,272, amending the FY 2023/24 or FY 2024/25 Operating Budget, depending on the timing of the PADA project, by increasing the Public Art Acquisition Fund by $20,272, and authorizes the City Manager or designee to execute the Memorandum of Understanding and make minor non-substantive revisions to it in consultation with the City Attorney.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 23rd day of January, 2024, by the following vote:

CITY COUNCIL AGENDA ITEM NO. E.6
01/23/2024
SUBJECT: Amending City Council/Administrative Policy 110-04 Procedures for Ceremonial Documents related to the process for
Proclamations
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk

TITLE/RECOMMENDATION
Adopt a Resolution amending City Council/Administrative Policy 110-04 Procedures for Ceremonial Documents related to the process for Proclamations

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

BACKGROUND
On September 26, 2023, Vice Mayor Meyer requested a future agenda item for the review of the presentation process for proclamations. On October 10, 2023, the City Council continued consideration of the request from Vice Mayor Meyer regarding the review of the presentation process for proclamations to the City Council meeting of October 24, 2023.

At the City Council meeting of October 24, 2023, following Council’s discussion of the request, direction was provided to staff to spend time and resources updating the appropriate policies to (a) require that proclamations remain on the Consent Calendar unless there is a recipient present to accept them, and (b) clarify the process if a proclamation is pulled from Consent, whereby it will either (1) be read by the Councilmember who pulled it, or (2), if multiple Council Members request to present the proclamation, that it be read by the Mayor. Staff has updated the attached policy with the requested changes for Council consideration and possible adoption.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

CITY COUNCIL AGENDA ITEM NO. E.6
01/23/2024

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

2. Resolution

3. Draft Policy 110-4

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

On September 26, 2023, Vice Mayor Meyer requested a future agenda item for the review of the presentation process for proclamations.

On October 10, 2023, the City Council continued consideration of the request from Vice Mayor Meyer regarding the review of the presentation process for proclamations to the City Council meeting of October 24, 2023.

On October 24, 2023, the City Council directed staff to spend time and resources updating the appropriate policies to (a) require that proclamations remain on the Consent Calendar unless there is a recipient present to accept them, and (b) clarify the process if a proclamation is pulled from Consent, whereby it will either (1) be read by the Councilmember who pulled it, or (2), if multiple Council Members request to present the proclamation, that it be read by the Mayor.

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD AMENDING COUNCIL POLICY 110-4

PROCEDURES FOR CEREMONIAL DOCUMENTS
WHEREAS, City of Brentwood staff receives numerous requests for ceremonial documents; and
WHEREAS, staff spends a great deal of time responding to requests and preparing ceremonial documents; and
WHEREAS, Council Policy 110-4 sets forth the types of documents that may be issued for the various types of events and requests, and establishes appropriate time frames for such requests; and
WHEREAS, on April 26, 2022, the City Council directed staff to adopt a policy where proclamations would be placed on the Consent Calendar, unless a proclamation was made through a special request, or if a Council Member would like to recognize someone specifically, in which case those proclamations could be placed under Presentations, and in the event a recipient is present to receive the proclamation, the item could be pulled from the Consent Calendar; and
WHEREAS, On October 24, 2023, the City Council, by motion, directed staff to spend time and resources updating the appropriate policies to (a) require that proclamations remain on Consent unless there is a recipient present to accept them, and (b) clarify the process if a proclamation is pulled from Consent, whereby it will either (1) be read by the Councilmember who pulled it, or (2), if multiple Council Members request to present the proclamation, that it be read by the Mayor.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that City Council amends Council Policy No. 110-4 Procedures for Ceremonial Documents provided in the attached Exhibit “A”.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9
th day of January, 2024 by the following vote:

Subject: Procedures for Ceremonial
Documents Policy No: 110-4 Date: January 9, 2024
Resolution No: Page 1 of 2

PURPOSE
The purpose of this policy is to establish guidelines for the issuance of ceremonial documents including proclamations and certificates of appreciation/recognition.

POLICY
A. Requests for Recognition Criteria:

The City of Brentwood will consider a request for a proclamation or certificate of appreciation/recognition from any group or individual, as long as the request has some type of local relevance and/or promotes activities taking place in the City of Brentwood. All requests are subject to approval by and prepared on behalf of the Mayor or the Mayor’s designee. The general criteria for the issuance of these types of recognition are:

1. Issues with widespread community interest or concern, with a primary emphasis on requests that are in support of City Council goals and objectives;

2. Recognition of a local, civic organization, group or individual achieving outstanding or significant accomplishments

3. Acknowledgment of significant events or celebrations.

B. Ceremonial Documents:

1. Certificates
Certificates of Appreciation/Recognition may be issued for the following (not an exhaustive list):
 Heroism
 Eagle Scout achievement
 School or sports groups achievements
 Non-profit corporations
 Retirements
 Individuals or groups who have made significant contributions to the community Information required: A summary of the achievement or an overview of the years of service or specific contribution to the community.

2. Proclamations – The City Council will adopt an annual calendar of proclamations each year.

Proclamations may be issued for the following (not an exhaustive list):
 Brentwood civic celebrations
 Brentwood organizations contributing to the economic development of the City  Issues with widespread Brentwood community interest with a primary emphasis on requests in support of City Council’s goals and objectives  Significant Brentwood community based events
 Significant anniversaries of City of Brentwood based institutions, corporations, community partners, and non-profit organizations
 Fundraisers benefiting the citizens of Brentwood
Information required: A brief history of the organization or a description of the purpose, goals, motto or theme of the event is required to complete the proclamation. If funds are to be raised, who will benefit from the event, and what will take place during the time of celebration/recognition, including dates and times.

COUNCIL/ADMINISTRATIVE POLICY
Subject: Procedures for Ceremonial
Documents Policy No: 110-4 Date: January 9, 2024
Resolution No: Page 2 of 2
All proclamations considered by the Mayor and the City Manager’s Office will be placed on a City Council agenda. Routine proclamations will be placed on the Consent Calendar, and in the event a recipient is present, these items can be pulled from the Consent Calendar to allow the recipient a brief statement related to the proclamation.

All Proclamations will be placed on the Consent Calendar portion of the agenda. Should the Proclamation be removed from the Consent Calendar to recognize a specific person or organization, the Council Member who requested the proclamation be removed from the Consent Calendar will read and present the proclamation. Should multiple Council Members request to present the proclamation, it will be presented and read by the Mayor.

When appropriate, the City’s social media channels may be used to inform the public of the proclamation.

C. Receiving Requests:

To start the ceremonial document process an individual or organization must first submit a written request. Written requests should be sent to the attention of the Mayor on the standard application. Requests received will be administered by the City Manager’s Office and the City Clerk Division and approved by the Mayor.

All requests must be received at least fifteen (15) business days prior to the event to the address listed on the Request for Ceremonial Documents Form.

All requests will go through an internal review and approval process. The Mayor and the City Manager’s Office reserves the right to determine the appropriateness and the type of document to be issued based on the information provided by the requesting individual and/or organization.

Submission of a request, does not guarantee the issuance of a ceremonial document.

All requests must include the name and daytime phone number of the contact person.

Submitting a draft with your request of the document desired will expedite the process considerably.

Please specify whether the document should be mailed, held for pick-up, or presented at a special event or City Council meeting. Documents will be presented at special events pending the availability of the Mayor, his/her designee or other city officials to honor such requests.

Presentation at a specific City Council meeting must be approved in advance by the City Manager or his/her designee.

Only one ceremonial document will be issued per event.

D. Other Types of Presentations: The City will also, on occasion, issue other types of formal recognition, including plaques at special events, or a Key to the City as determined by the issuing official. The City Manager’s Office will be responsible for the coordination of these events.

CITY OF BRENTWOOD

REQUEST FOR CEREMONIAL DOCUMENT

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City of Brentwood
c/o City Clerk’s Division
150 City Park Way
Brentwood, CA 94513
[email protected]
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CITY COUNCIL/SUCCESSOR AGENCY AGENDA ITEM NO. E.7
01/23/2024
SUBJECT: A Joint Resolution of the City Council and Successor Agency Board related to City Manager/Executive Director and City
Attorney/General Counsel signature authority for specific Purchase Orders, Change Orders and/or Agreements
DEPARTMENT: Finance and Information Systems
STAFF: Michelle Morey, Financial Services Manager
Kerry Breen, Director of Finance and Information Systems

TITLE/RECOMMENDATION
It is recommended that the City Council and Successor Agency Board adopt a joint Resolution approving and authorizing the City Manager or City Attorney and Executive Director or General Counsel, as appropriate, to execute certain Purchase Orders, Change Orders and/or Agreements that have anticipated spending over $50,000 (City Manager and Executive Director) and $75,000 (City Attorney and General Counsel, with the higher amount limited to legal services and personnel investigative services) for FY 2023/24, after approval as to form by the City Attorney or General Counsel.

As the proposed action will not cause either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment, it is not a “project” subject to review under the California Environmental Quality Act (CEQA), and thus no environmental review is necessary.

FISCAL IMPACT
This action does not amend the budget. Amounts listed within Exhibit “A” to the Resolution (Exhibit “A”) can only be expended if included within the adopted FY 2022/23 – 2023/24 Operating Budget.

BACKGROUND
In non-emergency situations, City Council/Successor Agency Board approval is required for purchases of goods and/or services over $50,000, and in limited circumstances, $75,000, in a fiscal year. Section 12.2 of Council/Administrative Policy No. 10-7, Purchasing Policy (“Purchasing Policy”) streamlines the approval process by allowing staff to request approval for multiple vendors in a single staff

CITY COUNCIL/SUCCESSOR AGENCY AGENDA ITEM NO. E.7
01/23/2024
report. This request is only made twice per year, in January and June, for ongoing or recurring purchases, as well as services from outside attorneys and law firms through this process. This aggregated report reduces the number of staff reports that otherwise would be required to be approved by the City Council/Successor Agency Board for each individual vendor. Staff have provided updated, estimated not-to-exceed amounts per vendor for the fiscal year in Exhibit “A”.

Some of the vendors are utilized Citywide for various needs, such as office supplies and hardware, building and electrical supplies, while others are utilized by a few departments or a single department. The vendors have been included in Exhibit “A” in order for the Council/Successor Agency Board to consider approval of the updated, estimated dollar amount to be spent in fiscal year 2023/24. As the items within Exhibit “A” include “not-to-exceed” amounts based on staff’s projections for the year, funds might not be expended in their entirety.

In order to comply with the Purchasing Policy and to reduce the number of staff reports that would be required to be approved by City Council for each vendor, City staff have reviewed the list previously approved by City Council and the Successor Agency Board on June 27, 2023, and determined that adjustments are necessary, as additional goods and/or services are required for the remainder of the fiscal year compared to the previously approved request.

The three new requested adjustments are listed in detail in Exhibit “A”:

1. Parks and Recreation Department submitted Jet Mulch, Inc., as the lowest bidder, and Applied Landscape Materials, Inc., as the second lowest bidder for landscaping bark installation on the Sand Creek median for $57,275 and $59,048, respectively. The second lowest bidder is being included in the event that the lowest bidder is not able to execute the contract and/or services.

2. The City Attorney’s Office submitted Liebert Cassidy Whitmore for legal administrative personnel matters for $100,000.

3. Human Resources submitted Governmentjobs.com, Inc. dba NeoGov for Human Resource software that includes the following software subscriptions:

Governmentjobs.com for job postings; Insight for applicant tracking and candidate text messaging; Perform for employee performance management; Onboard for new hire onboarding; and CoreHR for employee data management and Benefits for employee benefits management. The initial implementation costs, along with the annualized FY 2023/24 subscription costs for Onboard, CoreHR and Benefits, of $57,099.50, were approved via Council Resolution 2023-101 and are included in the Updated Not to Exceed FY 2023/24 Amount

CITY COUNCIL/SUCCESSOR AGENCY AGENDA ITEM NO. E.7
01/23/2024
of $124,200 on “Exhibit A”. The additional amount being requested on Exhibit “A” of $67,100 is for FY 2023/24 subscription costs for Governmentjobs.com, Insight, Perform and the FY 2024/25 subscription costs for Onboard, CoreHR and Benefits which are due on June 30, 2024.

This agenda item does not amend the budget; rather, it authorizes the spending of the existing budget with the vendors and suppliers for the services and goods documented in this report.

Agreements, Amendments and Purchase Orders are not attached to this report. Prior to the City Manager/Executive Director or City Attorney/General Counsel executing the agreements and/or purchase orders, review and approval as to form by the City Attorney or General Counsel is required.

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
As the proposed action will not cause either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment, it is not a “project” subject to review under the California Environmental Quality Act (CEQA) and thus no environmental review is necessary.

ALTERNATIVE OPTION(S)

1. Adopt the joint resolution with changes as recommended by the Council.

2. Do not adopt the joint resolution and request each contract be presented separately for Council consideration at a future meeting.

CITY COUNCIL/SUCCESSOR AGENCY AGENDA ITEM NO. E.7
01/23/2024

ATTACHMENT(S)

1. Previous Actions

2. Resolution

3. Exhibit “A”

4. Bid Tabulation – Applied Landscape Materials, Inc.

5. Bid Tabulation – Jet Mulch, Inc.

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

On January 14, 2014, the Successor Agency Board adopted Resolution No. 2014-01- SA, confirming that it would follow the same rules and procedures for Successor Agency administrative activities and operations as the City of Brentwood.

On June 28, 2022, by Resolution 2022-86, the City Council of the City of Brentwood amended the 2021/22 Operating Budget; Adopted the 2022/23 - 2023/24 Operating Budget; approved the addition of one (1) new full-time position to the City staff; approved pay down of unfunded obligations per Section 7.1.1 of the Council/Administrative Policy Budget and Fiscal Policies, No. 10-5; and amended the 2021/22 Fund Balance and Restrictions and Commitments in the General Fund.

On September 27, 2022, the City Council waived the second reading and adopted Ordinance 1045 amending City Council/Administrative Policy No. 10-7, Purchasing Policy, to update the Types of Purchases Section to clarify individual requirements for Types of Purchases and increase the agreement requirement threshold for Services from $1,000 to $1,500; update the Federal Procurement Section to more closely match the Public Contract Code, Code of Federal Regulations, and the Brentwood Municipal Code; update the Quotes Section to increase availability of goods and services while maintaining best pricing; update the Exceptions Section to facilitate mandatory payments to Federal, State, and Local Governments and add an additional exception for Advertising in Publications; and to update the Miscellaneous Procedures Section to clarify the Long Term Agreements Exceptions.

On June 27, 2023, by Resolution 2023-83 and 2023-03-SA, the City Council of the City of Brentwood and the Governing Board of the Successor Agency to the Redevelopment Agency of the City of Brentwood approved and authorized the City Manager or City Attorney and Executive Director or General Counsel as appropriate, to execute Agreements and necessary documents for recurring purchases with vendors that have anticipated spending over $50,000 for FY 2023/24, after approval as to form by the City Attorney or General Counsel with specified vendors.

On October 24, 2023, the City Council introduced and waived the first reading of Ordinance No. 1064 amending the City Council Signature Authority Policy (10-13) to

revise the signature authority of the City Attorney for legal service and personnel investigative service agreements from $50,000 to $75,000.

On November 14, 2023, the City Council waived the second reading and adopted Ordinance No. 1064 amending the City Council Signature Authority Policy (10-13) to revise the signature authority of the City Attorney for legal service and personnel investigative service agreements from $50,000 to $75,000.

CITY COUNCIL RESOLUTION NO. 2024-
SUCCESSOR AGENCY RESOLUTION NO. 2024- -SA

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AND THE GOVERNING BOARD OF THE SUCCESSOR

AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR

CITY ATTORNEY AND EXECUTIVE DIRECTOR OR GENERAL COUNSEL AS

APPROPRIATE, TO EXECUTE CERTAIN PURCHASE ORDERS, CHANGE

ORDERS AND/OR AGREEMENTS FOR ONGOING AND/OR RECURRING
PURCHASES THAT HAVE ANTICIPATED SPENDING OVER $50,000 (CITY MANAGER AND EXECUTIVE DIRECTOR) AND $75,000 (CITY
ATTORNEY/GENERAL COUNSEL) FOR FY 2023/24, AFTER APPROVAL AS

TO FORM BY THE CITY ATTORNEY OR GENERAL COUNSEL
WHEREAS, on January 14, 2014, the Successor Agency Board adopted Resolution No. 2014-01-SA, confirming that it would follow the same rules and procedures for Successor Agency administrative activities and operations as the City of Brentwood; and WHEREAS, on June 28, 2022, by Resolution 2022-86, the City Council of the City of Brentwood amended the 2021/22 Operating Budget; adopted the 2022/23 - 2023/24 Operating Budget; approved the addition of one (1) new full-time position to the City staff; approved pay down of unfunded obligations per Section 7.1.1 of the Council/Administrative Policy Budget and Fiscal Policies, No. 10-5; and amended the 2021/22 Fund Balance and Restrictions and Commitments in the General Fund; and
WHEREAS, on September 27, 2022, the City Council waived the second reading of and adopted Ordinance 1045, amending City Council/Administrative Policy No. 10-7, Purchasing Policy, to update the types of purchases sections to better clarify individual requirements for types of purchase and increase the services up to $1,000 threshold to $1,500, update the federal procurement section to more closely match the public contract code, code of federal regulations, and the Brentwood Municipal Code, clarify the quotes section to increase availability of goods and services while maintaining best pricing, update the exceptions section to facilitate mandatory payments to Federal, State, and Local Governments and add an additional exception for advertising in publications, and to clarify the long term agreements exceptions; and WHEREAS, on June 27, 2023, by Resolution 2023-83 and 2023-03-SA, the City Council of the City of Brentwood and the Governing Board of the Successor Agency to the Redevelopment Agency of the City of Brentwood approved and authorized the City Manager or City Attorney and Executive Director or General Counsel as appropriate, to execute, agreements and necessary documents for recurring purchases with vendors that have anticipated spending over $50,000 for FY 2023/24, after approval as to form by the City Attorney or General Counsel with specified vendors; and
WHEREAS, on October 24, 2023, the City Council introduced and waived the first reading of Ordinance No. 1064, amending the City Council Signature Authority Policy (10-13) to revise the signature authority of the City Attorney for legal service and personnel investigative service agreements from $50,000 to $75,000; and
WHEREAS, on November 14, 2023, the City Council waived the second reading and adopted Ordinance No. 1064, amending the City Council Signature Authority Policy (10-13) to

Resolution 2024- -SA
revise the signature authority of the City Attorney for legal service and personnel investigative service agreements from $50,000 to $75,000; and
WHEREAS, as part of the annual, mid-year, mid-term or as needed throughout the fiscal year budget adoption and amendments, City staff include budgeted amounts for ongoing services and supplies; and
WHEREAS, as part of the requirements of the Purchasing Policy, staff brings forward purchases or services over $50,000 for each fiscal year in June and if amendments are needed, in January, for approval by the City Council and/or Successor Agency Board, as appropriate; and WHEREAS, staff has included with the staff report Tabulation of Bid Sheets for new vendors, where applicable, to identify bids received for goods and/or service for the fiscal year; and
WHEREAS, an additional requirement of the Purchasing Policy is that City Departments will provide information to purchasing including vendor name, purpose, estimated amount to be spent, bid tabulation sheet as well as copies of the request for quotes, quotes and/or agreement in order for the staff report to be prepared; and
WHEREAS, each department compiled a list of vendors, and estimates of amounts and use to be included within report; and
WHEREAS, amounts listed in Exhibit “A” can only be expended if included within the adopted FY 2023/24 Operating Budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood and the Successor Agency Board approves and authorizes the City Manager or City Attorney and Executive Director or General Counsel as appropriate; to execute purchase orders, change orders and/or agreements for ongoing and/or recurring purchases that have anticipated spending over $50,000 (City Manager and Executive Director) and $75,000 (City Attorney and General Counsel) for FY 2023/24, after approval as to form by the City Attorney or General Counsel, for the not-toexceed dollar amounts detailed on the attached Exhibit “A,” which is incorporated herein by this reference.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on January 23, 2024 by the following vote:

Vendor/Contractor Name Materials Purchased or Services Performed Responsible Department Original FY 2023/24
Amounts
Updated Not to
Exceed FY 2023/24
Amounts
Funding Source
(Which Fund(s) Pay for the
Goods/Service)
FY 2023/24 Vendor Selection Method
and if Applicable, Agreement
A Plus Tree, Inc. Tree Maintenance, Roots, and Stump Removal Parks and Recreation $ 366,057 $ 462,057 General Fund, LLAD's and Parks
and LLAD Replacement 1 RFP/Agreement
Applied Landscape Materials, Inc.

Bark Installation - Applied Landscape Materials, Inc. will be utilized as the second lowest bidder if the lowest bidder, Jet Mulch, Inc., is unable to execute the contract and/or services Parks and Recreation $ - $ 59,048 LLAD Replacement 1 Bid Tab/Agreement California Diesel & Power, Inc. Generator Maintenance and Services Public Works $ 128,000 $ 150,000 Fleet Maintenance Services Bid Tab/Agreement Consolidated Electrical Distributors, Inc.
(CED) Electrical Supplies Public Works $ 54,000 $ 60,000 Multiple Funds Citywide Bid Tab/Purchasing Policy Section

3.1.4. Contra Costa County Office of the Sheriff
Cal-Id, Forensic Services, Extradition, Rendition Services, and Firing Range Police $ 250,000 $ 300,000 General Fund Sole Source/Agreement Delta Diablo Sanitation District Off-Site Hazardous Waste Processing Public Works $ 210,000 $ 248,000 Solid Waste Enterprise Sole Source/Agreement Delta Fence Company, Inc.

Fence Replace, Repairs, Supplies, and Job Specific (Parks $70,000, Public Works $49,500)
Parks and Recreation,
Public Works $ 99,500 $ 119,500 Multiple Funds Citywide Bid Tab/Agreement/Multi-Award Elavon, Inc.

Credit Card Processing Fees for Utility Billing, Community Development and Police Citywide $ 431,200 $ 461,200
General Fund, Solid Waste,
Water and Wastewater
Enterprises Purchasing Policy Section 11.2.

Finberg Fencing, Inc.

Fence Replace, Repairs and Supplies (Public Works $60,000, Parks $45,000)
Public Works, Parks and
Recreation $ 69,500 $ 105,000 Multiple Funds Citywide Bid Tab/Agreement/Multi-Award Governmentjobs.com, Inc. dba NeoGov
HR Automation Software - Governmentjobs.com, Insight, Perform, Onboard, CoreHR and Benefits. Onboard, CoreHR and Benefits implementation costs and annualized 1st year subscription costs of $57,099.50 were approved via Resolution 2023-101 and are included in the updated not to exceed amount Human Resources $ - $ 124,200 General Fund Purchasing Policy Section 3.2.5.

HASA, Inc. Wastewater Treatment Plant Chemical Supplies Public Works $ 400,000 $ 445,000 Wastewater Enterprise Bid Tab/Agreement JAM Services, Inc.

Light Poles, Fixtures and Electrical Supplies (Public Works $185,000, Parks $50,000)
Public Works, Parks and
Recreation $ 180,000 $ 235,000
General Fund and LLAD
Replacement 1 Bid Tab
Jet Mulch, Inc. Bark Installation Parks and Recreation $ - $ 57,275 LLAD Replacement 1 Bid Tab/Agreement Lehr Auto Electric, Inc. Vehicle Outfitting (Police $100,000, Public Works $5,000) Police, Public Works $ 100,000 $ 105,000 General Fund, Vehicle and
Equipment Replacement Bid Tab/Agreement/Multi-Award
Liebert Cassidy Whitmore Administrative Personnel Matters City Attorney $ - $ 100,000 General Fund and Insurance Purchasing Policy Section 3.2.5.

Meyers Nave Litigation Services City Attorney $ 100,000 $ 125,000 General Fund Purchasing Policy Section 3.2.5.

NBS Government Finance Group
Professional Assessment Engineering and Special Tax Consulting Services - Previous Total Not To Exceed amount of $405,000 approved via City Council Resolutions 2021-33 and 2023-03.

Finance and Information
Systems $ 405,000 $ 540,000
LLAD's, CFD's and Development
Impact Fee 1, 2 RFQ/Agreement
Pace Supply Corp.

Parts for Maintenance and Repair of City Water Features, Water Distribution System, and Wastewater Collection System Public Works $ 160,000 $ 175,760 Water and Wastewater
Enterprises Bid Tab/Multi-Award
Shape Inc. On-Call Service and Repair of Pumps at Wastewater Treatment Plant Public Works $ 70,000 $ 120,000 Wastewater Enterprise Bid Tab/Agreement Telstar Instruments, Inc.

Parts, Programming, Scheduled Maintenance, and On-Call Service and Repair of Water and Wastewater Instrumentation, Sensors and Onsite Sodium Hypochlorite Generation Systems Public Works $ 105,000 $ 141,000 Water and Wastewater
Enterprises Sole Source/Agreement
Waste Management of Alameda County,
Inc. Dba Altamont Landfill Disposal of Biosolids Public Works $ 340,000 $ 375,000 Wastewater Enterprise Bid Tab/Agreement Watersavers Irrigation, Inc.

Specialty Irrigation Supplies and Pumps (Parks $75,000, Public Works $32,500)
Parks and Recreation,
Public Works $ 103,500 $ 107,500
Wastewater Enterprise, Parks
and LLAD Replacement 1 Purchasing Policy Section 3.1.4. 1 LLAD - Landscape and Lighting Assessment District
2 CFD - Community Facilities District
Exhibit A

RECOMMEND: VENDOR:

ADDRESS:

PHONE:

CONTACT:

EMAIL:

TERMS:

QUOTE DATE:

APPROVED BY:

ITEM # QTY UNIT TOTAL UNIT TOTAL UNIT TOTAL
1 900 $60.00 $54,000.00 $59.87 $53,883.00 $83.00 $74,700.00 2 $3,000.00 $3,000.00 $1,580.00 $1,580.00 $1,500.00 $1,500.00 $57,000.00 $55,463.00 $76,200.00
$2,047.50 $1,811.25 $0.00
$59,047.50 $57,274.25 $76,200.00
Total Materials and Labor
Tax Added to Materials Portion of Bid

DESCRIPTION
Blow in 900 cubic yards of walk-on bark in the medians on Sand Creek Road from Brentwood Blvd to Highway 4
Traffic Control
Rebecca
[email protected]
1/9/2024
Applied Landscape is not the lowest bidder but will be utilized if the lowest bidder cannot execute the contract and/or services.

Greg Janda, Controller
[email protected]
1/11/2024
866-306-8524
Bridget Tracy
[email protected]
1/16/2024
Applied Landscape Materials, Inc. as secondary vendor per below TABULATION OF BIDS MATERIAL DESCRIPTION: 900 cubic yards of walk on bark in the medians on Sand Creek Rd from Brentwood Blvd to Highway 4 800-256-7147 866-887-2672
1667 PO Box
Capitola CA 95010
4500 Pacific St, Suite O Rocklin
CA 95677
PO Box 1062
Lake Elsinore, CA 92531
Applied Landscape Materials, Inc. Jet Mulch, Inc. Turboscape, Inc.

REASON:

RECOMMEND: VENDOR:

ADDRESS:

PHONE:

CONTACT:

EMAIL:

TERMS:

QUOTE DATE:

APPROVED BY:

ITEM # QTY UNIT TOTAL UNIT TOTAL UNIT TOTAL
1 900 $60.00 $54,000.00 $59.87 $53,883.00 $83.00 $74,700.00 2 $3,000.00 $3,000.00 $1,580.00 $1,580.00 $1,500.00 $1,500.00 $57,000.00 $55,463.00 $76,200.00
$2,047.50 $1,811.25 $0.00
$59,047.50 $57,274.25 $76,200.00
JetMulch, Inc.

TABULATION OF BIDS MATERIAL DESCRIPTION: 900 cubic yards of walk on bark in the medians on Sand Creek Rd from Brentwood Blvd to Highway 4 800-256-7147 866-887-2672
1667 PO Box
Capitola CA 95010
4500 Pacific St, Suite O Rocklin CA
95677
PO Box 1062
Lake Elsinore, CA 92531
Applied Landscape Materials, Inc. Jet Mulch, Inc. Turboscape, Inc.

REASON:

Traffic Control
Rebecca
[email protected]
1/9/2024
JetMulch is the lowest bidder
Greg Janda, Controller
[email protected]
1/11/2024
866-306-8524
Bridget Tracy
[email protected]
1/16/2024
Total Materials and Labor
Tax Added to Materials Portion of Bid

DESCRIPTION
Blow in 900 cubic yards of walk-on bark in the medians on Sand Creek Road from Brentwood Blvd to Highway 4

CITY COUNCIL AGENDA ITEM NO. E.8
01/23/2024
SUBJECT: Contract Change Order No. 4 with Goodfellow Sequoia A JV for Sand Creek Road Extension.

DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Meghan Oliveira, Associate Engineer
Renee Payette, Project Services Specialist

TITLE/RECOMMENDATION
Staff recommends that the City Council adopt a Resolution: 1) approving and authorizing the City Manager or designee to execute Contract Change Order No. 4 to the Contract with Goodfellow Sequoia A JV (“Goodfellow”) for the Sand Creek Road Extension, CIP Project No. 336-31700 (“Project”), in the amount of $1,140,068.34 for a total not to exceed Contract price of $9,897,051.34; and 2) amending and increasing the funding authorization contingency amount of $875,698.30 by a requested amount of $228,013.67 for a total amount of $1,103,711.97.

FISCAL IMPACT
Upon City Council approval, the total not to exceed Contract amount will be $9,897,051.34, which includes Contract Change Order No. 4 in the amount of $1,140,068.34. There is also funding authorization for a total not to exceed contingency in the amount of $1,103,711.97. The funds associated with the Project are included in the adopted 2023/24-27/28 Capital Improvement Program. The current Project budget is sufficient to cover the proposed contract increase. This Project is funded by Roadway Development Impact Fees and East Contra Costa Regional Fee and Financing Authority (“ECCRFFA”) funding.

BACKGROUND
This Project will extend Sand Creek Road from its existing terminus, just west of the State Route 4 (“SR 4”) off- and on-ramps, to the intersection of Sand Creek Road and Heidorn Ranch Road in Antioch. This Project will facilitate the development of the Innovation Center @ Brentwood specific plan area (formerly PA-1), as well as provide more efficient access to regional medical and emergency services to

CITY COUNCIL AGENDA ITEM NO. E.8
01/23/2024
Brentwood residents. Lastly, the Project is consistent with the Circulation Element of the General Plan.

The Project consists of the design and construction of two vehicle lanes, bike lanes, median islands, streetlights, utilities, a bridge over Sand Creek, and related work extending Sand Creek Road to Heidorn Ranch Road.

Due to significant delays to the Project, a majority of the contingency has been used to accelerate the Project schedule and meet the requirements of the Streambed Alteration Agreement (“SBAA”) with the California Department of Fish and Wildlife (“CDFW”). Delays were caused primarily from the active Golden Eagle Nest and early rains that began in October which halted construction.

The original Project schedule did not extend into the winter season and, as a result, additional scopes of work to the Project for continuing work through the winter is required. This work includes winterizing the site consisting of additional erosion and sediment control measures, accelerated roadway paving outside of the critical path, and costs incurred by Goodfellow due to the delays.

It is in the City’s best interest to complete the paving and hydroseeding work now instead of at the end of the Project to significantly reduce monthly maintenance costs for erosion and sediment control through the end of the winter season. Completing this after paving minimizes the amount of runoff into the creeks and decreases maintenance of erosion and sediment controls.

Although paving work is included within the original Contract, this additional cost is due to delays in the construction of the bridge across Sand Creek, which is subject to SBAA requirements. There is also significant reduced production due to shortened working hours and the much cooler temperatures during the winter.

Construction of landscaping and irrigation in the medians, which was not initially contemplated due to a lack of funding, is now feasible due to Goodfellow’s favorable bid and the acquisition of ECCRFFA funding. Staff is requesting to add the landscaping and irrigation scope of work to the Goodfellow Contract to enhance stormwater pollution prevention.

Therefore, staff is requesting to increase the Contract with Goodfellow by a not to exceed amount of $1,140,068.34, plus funding authorization for additional contingency, and approval to complete the additional scopes of work to the Project.

CITY COUNCIL AGENDA ITEM NO. E.8
01/23/2024

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 1: Public Works, Goal 1.a: Construct Innovation Center infrastructure.

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

ENVIRONMENTAL DETERMINATION
On November 15, 2022, by Resolution No. 2022-147, the City Council adopted the Mitigated Negative Declaration.

ALTERNATIVE OPTIONS(S)

1. Do not approve contract change order No. 4 with Goodfellow Sequoia A JV for Sand Creek Road Extension at this time and have staff return with additional background information

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Contract Change Order No. 4

4. CIP Sheet

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

On November 9, 2021, by Resolution No. 2021-142, the City Council adopted a Resolution approving amending the Capital Improvement Program (“CIP”) Budget for the Project, to include funding and expenditure budget in fiscal year 2021/22 and amending the 2021/22 Operating Budget to allow for the associated funding transfers.

On January 11, 2022, by Resolution No. 2022-04, the City Council approved and authorized the City Manager or designee to execute an Agreement for Design and Environmental Services with BKF Engineers in the amount of $605,000, plus a 10% contingency of $60,500, for a total not-to-exceed amount of $665,500, for the Project.

On November 15, 2022, by Resolution No. 2022-147, the City Council adopted the Mitigated Negative Declaration for the Project.

On March 14, 2023, by Resolution No. 2023-28, 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 Project, with Goodfellow as the lowest responsible and responsive bidder in the amount of $6,992,765.00, plus a 10% contingency of $699,276.50, for a total not-to-exceed amount of $7,692,041.50.

On June 13, 2023, by Resolution No. 2023-73, the City Council adopted a Resolution that: 1) approved Change Order No. 1 with Goodfellow for the Project, in the amount of $1,764,218, for a total not-to-exceed Contract price of $8,756,983; 2) amended and increased the funding authorization contingency amount for the Project to a 10% total of the amended Contract price, bringing the total funding authorization not to exceed contingency amount to $875,698.30; and 3) amended the 2022/23 – 2026/27 Capital Improvement Program.

On June 13, 2023, by Resolution No. 2023-80, the City Council adopted the Capital Improvement Program for 2023/24-2027/28.

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD: 1) APPROVING AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE CONTRACT CHANGE
ORDER NO. 4 TO THE CONTRACT WITH GOODFELLOW SEQUOIA
A JV (“GOODFELLOW”) FOR THE SAND CREEK ROAD
EXTENSION, CIP PROJECT NO. 336-31700 (“PROJECT”), IN THE AMOUNT OF $1,140,068.34 FOR A TOTAL NOT TO EXCEED
CONTRACT PRICE OF $9,897,051.34; AND 2) AMENDING AND

INCREASING THE FUNDING AUTHORIZATION CONTINGENCY
AMOUNT OF $875,698.30 BY A REQUESTED AMOUNT OF
$228,013.67 FOR A TOTAL AMOUNT OF $1,103,711.97.

WHEREAS, this Project consists of the extension of Sand Creek Road from its existing terminus, just west of the State Route 4 (“SR 4”) off- and on-ramps, to the intersection of Sand Creek Road and Heidorn Ranch Road in Antioch; and WHEREAS, the Project currently includes the construction of two lanes of roadway, bike lanes, median islands, streetlights, utilities, a bridge across Sand Creek, and related work extending Sand Creek Road to Heidorn Ranch Road; and WHEREAS, due to significant delays to the Project, a majority of the contingency has been used to accelerate the Project schedule and meet the requirements of the Streambed Alteration Agreement (“SBAA”) with the California Department of Fish and Wildlife (“CDFW”); and
WHEREAS, the original Project schedule did not extend into the winter season and, as a result, there has been additional scopes of work to the Project for continuing work through the winter such as winterizing the site consisting of additional erosion and sediment control measures, accelerated roadway paving outside of the critical path, and costs incurred by Goodfellow due to the delays; and WHEREAS, construction of landscaping and irrigation in the medians, which was not initially contemplated due to a lack of funding, is now feasible due to Goodfellow’s favorable bid and the acquisition of East Contra Costa Regional Fee and Financing Authority (“ECCRFFA”) funding; and adding landscaping and irrigation work now will enhance stormwater pollution prevention.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby: 1) approve and authorize the City Manager or designee to execute Contract Change Order No. 4 to the Contract with Goodfellow Sequoia A JV for the Sand Creek Road Extension, CIP Project No. 336-31700, in the amount of $1,140,068.34, for a total not to exceed Contract price of $9,897,051.34; and 2) amending and increasing the funding authorization contingency amount of

$875,698.30 by a requested amount of $228,013.67 for a total amount of $1,103,711.97.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 23rd day of January 2024 by the following vote:

CONTRACT CHANGE ORDER NO:

PROJECT:

PROJECT NUMBER:

TO:

CHANGE REQUESTED BY:

ITEM
NO. UNIT UNITPRICE QUANTITY TOTALCOST
9004 LS $22,349.32 1.00 $22,349.32
9005 LS $317,948.22 1.00 $317,948.22
9006 LS $40,000.00 1.00 $40,000.00
9007 LS $1,800.00 1.00 $1,800.00
9008 LS $545,000.00 1.00 $545,000.00
9009 LS $110,000.00 1.00 $110,000.00
9010 LS $97,970.80 1.00 $97,970.80
9011 LS $5,000.00 1.00 $5,000.00
0 Extra working days allowed TOTAL FOR CHANGE ORDER NO. 4: $1,140,068.34 5/1/2024 End of Construction
ORIGINAL CONTRACT (OC) AMOUNT: $6,992,765.00
INCREASE TO CONTRACT AMOUNT: $2,904,286.34 PREV. CHANGE ORDERS (CO) AMT: $2,559,268.96 REVISED CONTRACT AMOUNT: $9,897,051.34 TOTAL COs TO DATE (COTD): $3,699,337.30 REVISED CONTINGENCY AMOUNT: $1,103,711.97 OC + COTD AMOUNT: $10,692,102.30 REVISED CONTRACT + CONT. AMT: $11,000,763.31 REMAINING CONTINGENCY: $308,661.01 Approval Recommended: Date:

Approval Recommended: Date:

Approved: City Manager: Date:

Date:

By: Title:

Platinum Time & Materials. Subcontractor extra work due to 24in.

Storm Drain plan revision and due to unexpected site conditions while excavating deep sewer line (gypsum/hard rock encountered).

Winterization Paving. Additional costs due to paving to winterize site before bridge work has been completed.

Meghan Oliveira, Associate Engineer
Allen Baquilar, Director of Engineering/City Engineer
Sequoia Time & Materials. SBAA permit subcontractor work shutdowns.

Spill Plan.

Electrical Tie-in Work.

Zone 1 Water Tie-In.

Accepted Contractor:

Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for the idle time.

City of Brentwood
ITEM

DESCRIPTION
Tim Y. Ogden, City Manager
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above.

Winterization Erosion Control.

Landscaping & Irrigation.

CITY OF BRENTWOOD

ENGINEERING DEPARTMENT
4 Sand Creek Road Extension
336-31700
Goodfellow Sequoia A JV
You are hereby directed to make the herein-described changes from the plans and specifications or do the following described work not included in the plans and specifications of this contract.

NOTE: This change order is not effective until approved by the City Engineer (up to $50,000) or City Manager (above $50,000).

55 City of Brentwood 2023/24 – 2027/28 Capital Improvement Program Project Title: * MULTI-YEAR * Project #:

Sand Creek Road Extension 336-31700
Description/Justification:

This project is included in the City’s Strategic Plan for FY 2022/23 - FY 2023/24. The project scope includes extension of Sand Creek Road from westerly of the existing terminus at State Route 4 through the Bridle Gate project to Heidorn Ranch Road approximately 2,300 LF. The improvements include constructing the central 56’ of roadway (2 – 20’ roadway and a 16’ median), streetlights, wet and dry utilities, full width bridge (4-lane arterial) across Sand Creek, and related work linking State Route 4 to Heidorn Ranch Road. The costs shown below are for improvements described above. The remaining improvements, which consist of one lane in each direction and the landscaping of the median and parkways, will be constructed by the developers of the adjoining properties.

Project Status:

The construction phase of this project is anticipated to be completed in FY 2023/24.

Supplemental Information:

The westerly extension of Sand Creek Road is necessary for the successful development of the Innovation Center @ Brentwood.

It will ultimately provide improved access to regional medical and emergency services, and is specifically identified in the City’s General Plan to improve the City’s road network to facilitate the efficient movement of people and goods. A total of $8,694,359 will come from Roadway Development Impact Fees. East Contra Costa Regional Fee and Financing Authority (“ECCRFFA”) funding is in the amount of $4,105,641.

PROJECT EXPENDITURES Prior 2023/24 2024/25 2025/26 2026/27 2027/28 TOTAL 70239 Legal 15,000 15,000 $ 30,000
90040 Planning and Design 913,000 $ 913,000
90050 Construction 3,000,000 7,791,968 $ 10,791,968
90070 Project Administration 500,000 565,000 $ 1,065,000 90100 Land/ROW/Acquisitions 32 $ 32
TOTAL 4,428,032 $ 8,371,968 $ 12,800,000 $
PROJECT FUNDING Prior 2023/24 2024/25 2025/26 2026/27 2027/28 TOTAL 47251 Development Impact Fees 1,819,359 6,875,000 $ 8,694,359 Federal/State/Agency 4,105,641 $ 4,105,641
TOTAL 5,925,000 $ 6,875,000 $ 12,800,000 $

PROJECT FINANCING CURRENT PROPOSED
Project Category: Roadway Improvements
Location: Sand Creek Road from State Route 4
Off/On Ramp to Heidorn Ranch Road
Project Manager: A. Baquilar
Project Priority: 2C - Necessary
Est. Completion Date: 2023/24
Future Annual
O & M Impact: $10,000
Public Art
Requirement: Exempt
General Plan Policy: CIR 1-1, ED 1-7, IF 1-1, IF 2-1, IF 3-1, IF 4-1

CITY COUNCIL AGENDA ITEM NO. E.9
01/23/2024
SUBJECT: Second Reading of a Zoning Text Amendment (RZ 23-001) to amend subsection 17.495.005 (“Other Regulations”) and add a new conditionally permitted use to subsection 17.495.003 of the PD-45 zoning district related to a 1.5 acre parcel
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Miguel Contreras, Associate Planner

TITLE/RECOMMENDATION
Staff recommends waiving the second reading of and adopting a Zoning Text Amendment (RZ 23-001) to amend subsection 17.495.005 (“Other Regulations”) and add a new conditionally permitted use to subsection 17.495.003 of the PD-45 zoning district text related to a 1.5-acre parcel located at 605 Sycamore Avenue (APN 016-310-076) and adopt Ordinance No. 1066.

The proposed project qualifies as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15301(e)(2), as it will be an addition to an existing facility in which the 2,877 square foot addition will not result in an increase of more than 50 percent of the floor area of the 7,421 square foot existing structure. It is further exempt from CEQA as a Class 3 categorical exemption under Guidelines Section 15303(b), as the project consists of the construction of a small multi-family residential structure totaling no more than six dwelling units within an urbanized area.

FISCAL IMPACT
The project proponent, Shepherd’s Gate, has paid a total of $12,375 to process the application. These fees fully cover staff’s time spent processing the application.

BACKGROUND
Shepherd’s Gate is a 501(c)(3) public charity that offers a temporary residential program for women and children battling homelessness, addiction, and domestic violence. Their 12-16 month program is unique in its combination of residential uses and services, including assistance combatting substance abuse, financial and legal

CITY COUNCIL AGENDA ITEM NO. E.9
01/23/2024
matters, family reunification, education, and parenting. Housing and all services are offered free of charge, who take part in the facility’s “Christ-centered recovery program.” Shepherd’s Gate has operated its existing facility here since 2006, and requested approval of three separate entitlements that, if approved, would allow an increase of the number of residents that the program can accommodate and the construction of three new attached dwelling units with associated site improvements.

Specifically, the applicant requested approval of a Zoning Text Amendment (RZ 23- 001) that proposes to amend BMC subsection 17.495.005(F), “Other Regulations”, to allow an increase, through the approval of a Conditional Use Permit, to the number of temporary residents Shepherd’s Gate can accommodate.

In addition, and contingent upon approval of the Rezone, the applicant requested approval of a Conditional Use Permit (CUP 23-001) to accommodate 15 additional residents (for a total number maximum of 33 residents).

Lastly, the applicant requested approval of a Design Review (DR 23-001) that would facilitate improvements to the existing facility involving a 2,877 square foot addition.

The addition would consist of three attached dwelling units (cottages), a communal pantry, and communal laundry room. Associated site improvements would include the reconfiguration of the parking area and the addition of three parking spaces, a new walkway, additional landscaping, and a new solid waste enclosure.

A detailed analysis of the project including the Planning Commission agenda report and summary of the Planning Commission action taken on November 7, 2023 was attached to the January 9, 2024 City Council agenda report.

City Council Meeting of January 9, 2024
On January 9, 2024, the City Council considered the Shepherd’s Gate project. After deliberation, the City Council, with a vote of 4-0 (with one recusal), introduced and waived the first reading of the proposed ordinance for RZ23-001, as well as approved the Conditional Use Permit and Design Review applications, with a single Design Review condition removed.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION

CITY COUNCIL AGENDA ITEM NO. E.9
01/23/2024
Previous Action by the City Council is included on Attachment 1.

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on December 29, 2023, for the January 9, 2024 public hearing held on the ordinance. The applicant also posted the project site with the required signage.

ENVIRONMENTAL DETERMINATION
The proposed project qualifies as a Class 1 categorical exemption under CEQA Guidelines Section 15301(e)(2), as it will be an addition to an existing facility in which the 2,877 square foot addition will not result in an increase of more than 50 percent of the floor area of the 7,421 square foot existing structure. It is further exempt from CEQA as a Class 3 categorical exemption under Guidelines Section 15303(b), as the project consists of the construction of a small multi-family residential structure totaling no more than six dwelling units within an urbanized area.

ATTACHMENT(S)

1. Previous Action

2. City Council Ordinance No. 1066 for RZ 23-001

Previous actions related to this agenda item that were taken by the Planning Commission and City Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/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 August 12, 2003, the City Council adopted an amendment to the PD-45 Zone to establish development standards for a 54.69-acre site, a Tentative Subdivision Map to subdivide the site into 177 single-family residential lots and 4 remainder parcels, including a 3.35-acre park and a 1.5 acre site for a residential group home, and a design review for 8 models of single-family houses, with three variations of each, landscaping plans, fencing plans, and related improvements.

On January 9, 2024, the City Council introduced and waived the first reading of Ordinance 1066 for a Zoning Text Amendment (RZ 23-001) to amend subsection

17.495.005 “Other Regulations” and add a new conditionally permitted use to subsection 17.495.003 of the PD-45 zoning district text. In addition, the City Council approved resolutions for a Conditional Use Permit (CUP 23-001) requesting an increase of 15 residents that an existing residential group home can accommodate, and a Design Review (DR 23-001) requesting approval for a 2,877 square foot addition, consisting of three dwelling units, communal pantry, laundry facility, and associated site improvements to an existing residential group home.

ORDINANCE NO. 1066

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD ADOPTING A ZONING TEXT AMENDMENT (RZ23-
001) TO AMEND CHAPTER 17.495 (PD-45).

WHEREAS, Shepherd’s Gate (the “Applicant”) has submitted an application (RZ 23-001) to amend the zoning text of Planned Development 45 (PD-45) to include an additional conditional use to section 17.495.003 and to modify the language of

17.495.005, “Other Regulations” to allow for an increase to the number of residents an existing residential group home can accommodate on parcel “C” of TSM 8534; and WHEREAS, Applicant has likewise submitted an application for a conditional use permit (CUP 23-001), and an application for design review (DR 23-001); and WHEREAS, collectively, RZ 23-001, CUP 23-001 and DR 23-001 constitute the “Project”; and
WHEREAS, the City referred the Project to various departments and agencies for review and recommendations; and
WHEREAS, the proposed project qualifies as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15301(e)(2), as it would constitute a 2,877 square foot addition to a 7,421 square foot existing structure and thus will not result in an increase of more than 50 percent of the floor area of the existing structure; and
WHEREAS, the proposed project is further exempt from CEQA as it qualifies as a Class 3 categorical exemption under Guidelines Section 15303(b) as the project consists of the construction of a small multi-family residential addition totaling no more than six dwelling units within an urbanized area; and WHEREAS, the Planning Commission considered the Project at its regular meeting of November 7, 2023, and considered the staff report, all accompanying information, and testimony received from the Applicant and other interested parties; and
WHEREAS, the Planning Commission unanimously voted to recommend that City Council adopt the Project as conditioned; and
WHEREAS, the City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on December 29, 2023, and the Applicant also posted the project site with the required signage in accordance with City polices and Government Code Section 65090; and WHEREAS, at a public hearing held on January 9, 2024, the City Council introduced and waived the first reading of this Ordinance.

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

A. Hereby finds that:

1. With respect to the California Environmental Quality Act, the proposed project qualifies as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA) Guidelines Section 15301(e)(2), as it would constitute a 2,877 square foot addition to a 7,421 square foot existing structure and thus will not result in an increase of more than 50 percent of the floor area of the existing structure.

Additionally, the proposed project is further exempt from CEQA as it qualifies as a Class 3 categorical exemption under Guidelines Section 15303(b) as the project consists of the construction of a small multifamily residential addition totaling no more than six dwelling units within an urbanized area.

2. With respect to the zoning text amendment, in accordance with Brentwood Municipal Code Section 17.870.008:

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 project, in its entirety, complies with the General Plan Land Use Element in that the proposed expansion would occur in a logical and orderly manner, focusing growth on infill locations (Policy LU 1-4) that is contiguous to existing development (Policy LU 1-5) and has access to urban services. The project would not be inappropriate or contrary to the public interest as the residential facility would continue to respect the surrounding single-family residential homes as this expansion would happen at the furthest possible point from the surrounding homes (Policy LU 2-2). The development’s layout is clustered in a way that leaves a large open space, which acts as a buffer from the surrounding single-family homes, that is used for recreation and gardening (Policy LU 2-3). Lastly, the proposed project would maintain the character of the existing neighborhood by proposing a compatible development in terms of style, size, color, and footprint that is typical for the established neighborhood (Policy LU 6-2).

B. Hereby approves Zoning Text Amendment RZ 23-001, as reflected in Exhibit “A” attached to this resolution.

THE FOREGOING ORDINANCE was adopted with the second reading waived at a regular meeting of the City Council of the City of Brentwood on the 23rd day of January 2024 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

EXHIBIT “A” TO
CITY COUNCIL ORDINANCE NO. 1066
APPLICATION RZ 23-001
(Existing text to be deleted is in a strike through format and proposed text to be added is underlined)
CHAPTER 17.495 PD-45 (PLANNED DEVELOPMENT FORTY-FIVE) ZONE

17.495.001 AUTHORITY, PURPOSE AND INTENT.

The authority, purpose and intent for the adoption of the PD-45 (planned development forty-five) zone are as follows:

A. Authority. The PD-45 zone is adopted pursuant to the authority set forth in Chapter 17.450, Planned Development Zones—General Regulations, of the Brentwood Municipal Code.

B. Purpose. The purpose of the PD-45 zone is to permit and regulate the orderly development of 54.69 acres located north side of Sycamore Avenue, on either side of the future Garin Parkway extension, with low density residential uses in accordance with the Brentwood general plan, for a maximum of one hundred eighty-one lots and five remainder parcels, including two parks, a trail, a residential group home, and an existing gas well.

C. Intent. The intent of creating the PD-45 zone is to ensure the coordinated development of the entire property in order to minimize impacts on adjacent areas, while providing for needed housing. The boundary of the PD-45 zoning district is as shown on the map in Section

17.495.006. (Ord. 961 § 2, 2016; Ord. 857 § 2, 2008)

17.495.002 PERMITTED USES.

The following uses are permitted in the PD-45 zone:

A. Single-family dwelling units not exceeding a density of 3.3 units per gross acre for a maximum of one hundred eighty-one units; B. Parks, playgrounds, and recreational trails;
C. Those uses permitted under the R-1 zone, Section 17.130.002 of the zoning ordinance;
D. A residential group home on parcel “C” of TSM 8534 for up to

eighteen women and children;
E. An existing gas well site on parcel “D” of TSM 8534, to be developed at a future date with single-family residential uses when the well is abandoned. (Ord. 961 § 2, 2016; Ord. 857 § 2, 2008)

17.495.003 CONDITIONALLY PERMITTED USES.

The following uses are conditionally permitted in the PD-45 zone:

A. Those uses conditionally permitted under the R-1 zone, Section

17.130.003 of the zoning ordinance. (Ord. 857 § 2, 2008) B. An increase to the number of residents permitted by Section

17.495.002.D at a group home on parcel “C” of TSM 8534.

17.495.004 REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT AND RELATED MATTERS.

All permitted and conditionally permitted uses developed within the PD-45 zone shall comply with the following regulations:

A. Minimum lot area: Seven thousand square feet.

B. Minimum lot width: Sixty-five feet at the mid-point.

C. Minimum lot depth: Eighty-five feet.

D. Minimum lot frontage: Twenty-four feet.

E. Minimum front yard setback: Twenty feet for front-loading garages, with a five-foot architectural encroachment; fifteen feet for sideloading garages, with a five-foot architectural encroachment.

F. Minimum side yard setback: Five feet, with an aggregate of fifteen feet; except that corner lots on the street side shall maintain a minimum side yard setback of ten feet.

G. Minimum rear yard setback: Twenty feet.

H. Maximum building height: Two stories and thirty feet.

I. Maximum lot coverage: Forty percent for two-story homes and fortyfive percent for single-story homes.

J. Maximum number of dwelling units: One hundred eighty-one, plus a residential group home for up to eighteen women and children as a permitted use, with the potential for additional residents in said group

home upon approval of a conditional use permit. (Ord. 961 § 2, 2016; Ord. 857 § 2, 2008)

17.495.005 OTHER REGULATIONS.

A. Design and site development review shall be required for all housing units pursuant to Sections 17.100.003 and 17.100.004(H).

B. Off-street parking shall be provided pursuant to Chapter 17.620 and Section 17.100.004(H).

C. The parking and storage of boats, trailers and similar vehicles and equipment shall be subject to the provisions of Section

17.620.016.

D. Accessory buildings and structures shall be permitted pursuant to the provisions of Chapter 17.660.

E. Architectural features may project into any required yard pursuant to the provisions of Chapter 17.660, with the exception that no feature may project into the minimum front yard setback.

F. A residential group home for women and children persons who are in need of housing and related services shall be provided on parcel “C” of TSM 8534. The home shall accommodate and be a full-time residence for up to eighteen women and children. with a size and occupancy to be approved through a Conditional Use Permit, if more than 18 persons. The home shall include approximately nine residential bedrooms/units, staff offices and overnight accommodations, counseling rooms, and family areas. The home shall be operated primarily as a battered women’s shelter and is operated for the benefit of Brentwood residents and their children. (Ord. 857 § 2, 2008)

17.495.006 MAP FOR PD-45.

CITY COUNCIL AGENDA ITEM NO. F.1
01/23/2024
SUBJECT: Application for Vesting Tentative Subdivision Map and Design Review approval for the Lone Tree Way residential project.

DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Community Development Director
Miguel Contreras, Associate Planner

TITLE/RECOMMENDATION
Staff recommends that the City Council adopt a resolution following the Planning Commission’s December 5th, 2023, recommendation to adopt a Mitigated Negative Declaration for the project (SCH#20231003390); adopt a resolution approving a Vesting Tentative Map (VTSM 9597) for the subdivision of 16.32-acre lot into 37 single family residential lots; and adopt a resolution approving a Design Review application (DR 22-005), subject to certain findings and conditions.

The Commission’s recommendation would include approval of a subdivision map to create 37 single-family residential lots, including two sets of duets, a public park, a new private internal roadway system, and other related on-site and off-site improvements. The recommended project qualifies for a density bonus pursuant to the State Density Bonus Law (SDBL), but the project will not exceed the density allowed by the General Plan. Rather, the project will utilize waivers or reductions from certain City standards, as allowed by the SDBL. The project also includes a design review application (DR 22-005) for the homes to be constructed on the lots.

The project is located at 7590/7650 Lone Tree Way (APN 018-060-006/007).

As noted below, the project that the Planning Commission recommended approving is slightly modified from what the applicant proposed.

The City prepared a Mitigated Negative Declaration for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.). Several potentially significant impacts are identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. All mitigation measures not addressed by the standard conditions of approval are included as individual conditions of approval where appropriate.

CITY COUNCIL AGENDA ITEM NO. F.1
01/23/2024

FISCAL IMPACT
The project proponent, Seecon Financial & Construction Co., Inc., has paid a total of $117,125.07 to process the application. These fees have fully covered staff’s time spent processing the application.

BACKGROUND AND PROJECT DESCRIPTION
APPLICANT’S PROJECT DESCRIPTION
Seecon Financial submitted applications VTSM 9597 and DR 22-005 requesting that the City approve a residential subdivision consisting of 34 single family homes and a set of duet units; totaling 36 single family homes on 36 lots. As part of this application, the applicant is also requesting incentives and waivers consistent with the SDBL, including waivers for relief from the City’s Density Transition Policy. (Additional discussion on the SDBL is in the attached Planning Commission staff report.)
 AFFORDABLE HOUSING
This project is vested under the provisions of SB 330, and therefore, is subject to the regulations that were in place in April 2022, when the applicant submitted its preliminary application. Part of this vesting would require that the project meet the previous 10% inclusionary housing requirements, rather than the current 13% (applicable Affordable Housing Ordinance attached). With this proposal, the City’s Affordable Housing Ordinance (“Ordinance”) would be met via one moderate income detached single family home, one very-low income duet unit and one duet unit offered to the City for dedication, which counts as two low income units per the Ordinance.
 DENSITY BONUS
In addition to the above, the applicant is also seeking relief from the City’s density transition policy through waivers offered by the provisions of the State Density Bonus Law (SDBL). In order to qualify for these waivers, an applicant must provide a certain percentage of affordable units. In this case, the applicant proposes to meet this requirement by providing 5% very-low income units through a shared housing building that contains five shared housing units, as allowed through the SDBL. Lastly, the applicant is proposing that this shared housing building be contained in one of the duet units that is being offered for dedication to the City.

CITY COUNCIL AGENDA ITEM NO. F.1
01/23/2024
All of the above is explained in detail in the attached, December 5, 2023, Planning Commission report.

PLANNING COMMISSION REVIEW
The applicant’s proposed project is heavily dependent on the assumption that the City would accept the proposed dedication of the one duet unit containing five shared housing units. In the event that the City does not accept this dedication, then the project would be out of compliance with the City’s affordable housing requirements, in that there would be a deficit of one low income unit proposed.

While a shared housing building is allowed through the SDBL, the Planning Commission was concerned that the units would be out of character with the greater City fabric and other units in the affordable housing program. The Planning Commission recommended that the City Council approve, if the applicant agrees to, an alternative to the applicant’s proposal. This alternative would include the elimination of the shared housing building and the addition of an additional set of duet units. This alternative would create 37 new lots, instead of 36, and two sets of duet units, instead of one set. This alternative would still meet the City’s affordable housing requirements (minimum 10% affordable units) and qualify for waivers under the SDBL (in order to waive the density transition requirement) without substantially redrawing the proposed map or architectural plans. This is further detailed below.

The applicant has indicated that she is willing to consider the Commission’s recommendation, however, she is still pursuing her original proposal.

PLANNING COMMISSION MEETING OF DECEMBER 5, 2023
On December 5, 2023, the Planning Commission held a public hearing to consider the project. At least 10 days prior to the public hearing, the project applicant erected a sign along the Lone Tree Way frontage advertising the upcoming public hearing.

Staff also published a notice of public hearing for the project in the Brentwood Press and mailed it to all property owners within 300 feet of the site, as required by law.

The City did not receive any public comments regarding this project prior to the Planning Commission hearing or during the circulation period of the Mitigated Negative Declaration (MND).

After Staff’s presentation the Commission had a few clarifying questions for staff on the following topics:

1. Self-retaining water facilities (pervious surface) versus traditional retaining facilities (bio swales).

CITY COUNCIL AGENDA ITEM NO. F.1
01/23/2024
As described in the attached staff report, the applicant is proposing pervious surfaces on all road segments and driveways, as well as water retention areas on all side yards. The Commission questioned if this was an inferior approach compared to the traditional land set aside for water facilities, given that this has not been proposed in the City before.

Staff’s response was that this type of water treatment facility is not common but also not inferior. The Director of Engineering cited a few places in the bay area, including San Jose, where these have been utilized. Essentially, it is a different type of engineering that achieves the same result and is a treatment method approved by the County’s C.3 policy.

The Commission questioned who would be responsible for maintaining the water treatment areas in the side yards. The Director of Engineering clarified that the applicant is required to establish a Home Owners Association (HOA), and the HOA would be responsible for the perpetual maintenance of these areas.

2. Dedication of an affordable unit.

The Commission asked staff to explain applicant’s proposed dedication of an affordable unit. Staff clarified that, under the City’s Affordable Housing Ordinance, an applicant may either build the required number of affordable units or propose an “alternative equivalent” to constructing those affordable units. One of the potential “alternative equivalents” listed in the Ordinance is the dedication (or transfer of ownership) of affordable units to the City for inclusion in the City’s rental housing program. In the event the City accepts such an offer of dedication, “each unit dedicated to the city shall equate to the construction of two affordable units that would otherwise be required…” (BMC Section 17.725.004.D.) Staff noted that the City has not previously accepted any offers of dedication of affordable units.

3. Vehicle Miles Traveled (VMT)
Prior to July 2020, the CEQA analysis of development projects studied transportation impacts by measuring vehicle delay or congestion through a reporting system known as ‘Level of Service’ (LOS). Projects that increased automobile delay or congestion beyond certain thresholds were required to mitigate those impacts. Beginning in July of 2020, the State mandated that

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the LOS metric would no longer be permissible for CEQA purposes. Vehicle Miles Traveled (‘VMT’) has replaced LOS as the relevant measuring system for CEQA transportation impacts. In the public hearing on this project, the Commission asked if the VMT analysis correlates to the “real world.” The CEQA consultant, De Novo Consulting, explained that VMT analysis is used as a model to predict the impacts to traffic by the development. While impossible to predict the future, these models offer a likely outcome based on the surrounding land uses, zoning, planned projects (schools, CIP, etc.) and trends and projections. Moreover, these models offer mitigation measures that would reduce or eliminate potential impacts. In the case of the VMT analysis, the identified mitigation measure (payment of school fees) is sufficient for the purposes of CEQA.

4. Calculation used for the park acreage.

The Commission was interested to know how Staff concluded that each home would yield 3.2 persons for the purposes of calculating the required park acreage. The City’s Parks Maintenance Manager responded by stating that this is the prescribed figure per the General Plan.

Staff also clarified that the proposed park location is the preferred location because the Brentwood PD prefers parks to be located in highly visible areas for patrolling.

5. Shared housing building affiliation and parking requirements.

The Commission asked if the shared housing building would be affiliated with a higher education institution or any social programs for shelters. Staff clarified that these shared housing units would not be associated with either.

The SDBL defines these units as units for non-transient occupancy that would function similar to an apartment rental.

Additionally, the Commission asked if there were different parking requirements for the shared housing building. Staff clarified that the SDBL only requires those parking spaces that the zoning code would require; in this case, it would only be two parking spaces.

After discussion, the Commission opened the hearing and took testimony from the applicant, represented by Jaqueline Seeno of Seecon Financial & Construction Co. In her presentation, Ms. Seeno gave a general overview of the project and emphasized

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that her proposal was purposefully seeking to provide larger lots (at least 12,000 square feet) to maintain the character of the area, even though she could use density bonus to create up to 74 smaller lots. Therefore, her density bonus request only seeks waivers in order to offer her flexibility with the project site plan. Additionally, the applicant explained that the proposal of the park was a request from staff and she would rather that the City Council consider letting her pay an in-lieu fee and eliminate the park from the plans, given that the development is less than the 50 units threshold that would trigger the requirement to build a park. The applicant also pointed out that her proposal also includes four junior accessory dwelling units (JADU) as extra units that could be counted towards the City’s RHNA obligations.

After her presentation, the Commission had a few questions for the applicant, including:

1. Has the applicant built other developments that employ the same bio retention areas as this project?
The applicant stated that she has in other jurisdictions. The applicant further clarified that no issues have ever arisen with those projects. The Commission further asked why she did not use the same technique in her Inez Estates development. The applicant responded that the project was too small to use this type of engineering.

2. Opposition to alternate options such as a duplex or triplex concept.

The applicant stated that she was willing to entertain other options, except for a triplex, provided that the engineering works out. However, she clarified that she would like to retain the five-unit shared housing building in order to qualify for the SDBL. (As noted above, the configuration of the project that the Commission ultimately recommended does not include the five-unit shared housing building, but would still allow the applicant to qualify for the SDBL.)

3. Opposition to moving the park to another location internally within the development.

The applicant stated the she would be open to a discussion of not building a park and paying the in-lieu fee instead, but she was not amenable to moving the park to another location within the proposed development. She presented a slide that demonstrated that there would be four parks within a quarter mile radius from the proposed development.

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4. The purpose of proposing the JADUs.

The applicant explained that these do not count towards density bonus or the City’s affordable housing ordinance. However, they can be counted towards the City’s Regional Housing Needs Allocation (RHNA), provided certain conditions are met, and therefore, the applicant is providing these as a bonus to the City.

The Commission further asked if the JADUs count towards the park acreage requirement. Staff clarified that JADU or ADUs do not count towards the required acreage for parks, since the State treats these differently than nonaccessory units.

5. What is the vision for the five unit shared housing building? The applicant stated that the vision is to provide different housing alternatives for those who are not ready to live in a full-sized home.

The applicant further explained that since this building is offered for dedication, then it would be up to the City to determine the vision and provide oversite in terms of establishing a vetting process and offering these to people who are truly in need.

The Commission pointed out that this could only happen if the City were to accept the dedication. The Commission further asked what the vision is if the City opts to not accept the dedication.

The applicant suggested that, merely by offering the units for dedication to the City, she had fulfilled her affordable housing obligation to provide X units – whether or not the City accepted such offer. Moreover, she stated that the City’s decision as to whether or not to accept the offer of dedication need not be made until after the project was approved, and should be done in conjunction with the City Council’s consideration of the affordable housing agreement for the project
City Staff clarified that this is not correct, and that if the City Council does not accept the dedication of the five unit shared housing building, then the applicant would not be able to use the two-for-one provision in the affordable housing ordinance. Therefore, the tentative map could not be approved

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because the project would be out of compliance with the BMC for being deficient in affordable housing units. The applicant could not fulfill the affordable housing obligation by simply offering a unit for dedication. Rather, the City would have to determine that it wanted to accept that dedication for the project to meet the requirements.

After this discussion, the Commission took public comment. There was one in-person comment and two via Zoom. The first person was a neighbor (to the north) who had concerns regarding his property, which houses a dog training facility, abutting the new development. His concerns were regarding the safety of new neighbors who might have children or animals that venture onto his property. The speaker claimed that the proposed six-foot wooden fence might not be sufficient to keep animals and children off his property and an accident may happen with his dogs.

To this concern, staff clarified that one of the mitigation measures would be that the portions of the new development abutting the dog training facility will be improved with an eight-foot tall concrete masonry (CMU) wall.

The first Zoom comment was a neighbor whose property abuts the eastern portion of the project site. She expressed a desire that the entire eastern portion of the project be improved with an eight-foot tall CMU fence. She also expressed a concern regarding the height of the proposed homes (60% of them being two stories) obstructing her view of Mount Diablo. Her final concern was what mechanism would be used to keep people from wandering from the proposed park onto her property.

Staff clarified that the park would be improved with an eight-foot tall CMU wall preventing people from having access to her property. Further, staff clarified that the homes abutting her lot have at least a 20-foot setback from her property line, and this would mitigate against obstruction of views of Mount Diablo.

The final Zoom commenter had questions regarding the proposed drainage and the five-unit shared housing building. The caller asked who would be required to maintain these water retention areas on the side yards, if these could lead to flooding issues, and what would keep a homeowner from putting down a concrete slab that would impede the drainage these areas were designed to facilitate.

The future HOA would be responsible for the maintenance of these areas and CC&Rs would be established prohibiting future homeowners from building or disturbing these water retention areas. Furthermore, these areas have been engineered to prevent flooding issues.

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The caller’s last question was how was it that the Planning Department even allowed this type of development (shared housing building) to get this far into the process, if the low density designation is intended for detached single family homes.

To this, Staff explained that the Planning Division has an obligation to move proposed projects through the process. In this case, the applicant is utilizing provisions of the SDBL, which supersede local zoning and general plan regulations. Through the SDBL, a shared housing building, with at least five shared housing units, can be constructed in any zone that allows for residential uses, including mixed-use zones. Furthermore, if the applicant meets the SDBL affordability, room size and amenity (kitchenette, bathroom, etc.) requirements, then the local jurisdiction has very few permissible grounds for denying the proposal. In the case of this project, the applicant is meeting the requirements set by the SDBL, and therefore the Planning Division must process the project.

During deliberation, the Commission expressed a desire to keep the park on site.

They questioned what would happen to the land if the City accepted a fee in-lieu of constructing it. Staff clarified that the applicant has indicated that this land would become an additional single family detached home. The Commission also questioned how the public would have access to this park if the project’s roads are private. Staff clarified that the Council can require, as a condition of approval, a method (such as an easement) to allow the public to access the park.

The Commission also expressed a concern regarding a waiver requesting a zero lot side yard. While they understood that this waiver was intended for the duet lot, they had an issue with a zero lot side yard being used by other non-duet lots. With this, the Commission asked staff to clarify the language of the waiver being sought to be only applicable for the side yards of any duet units.

The Commission’s biggest concern regarding the project was the proposed shared housing building and how this would fit into the fabric of the City, and what it would mean for the project if the Council did not accept the dedication. Due to this, the Commission recommended that the City Council approve a modified version of the project that features two sets of duet units and the elimination of the shared housing building. The Commission called for a ten minute recess to allow staff to bring back resolutions that reflected these changes. Thereafter, the Commission unanimously voted to adopt Resolution No. 23-038, recommending that the City Council adopt the MND and MMRP for the project; Resolution No. 23-038 recommending that the City Council approve a VTSM with 37 units including two sets of duet units; and Resolution

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No. 23-040 recommending that the City Council approve the Design Review application with two sets of duets.

ANALYSIS
The Planning Commission’s recommendation of 37 units, including two sets of duets, causes minimal modifications to the proposed project (as described in the Commission’s Staff report) as follows:

Items to remain the same:
 MND and MMRP (the project’s CEQA initially contemplated 38 units and thus covers a lesser unit count, as well)
 Architecture
 Landscape plan
 Park location
 Bio-retention locations and methods
 Fencing/Wall plan
 Off-site improvements
 Ingress/Egress and circulation
Items that would change:
 Elimination of the five unit shared housing building
 No longer offer a unit for dedication
 Addition of a set of duets for a total of four units in duets. o This would require an additional lot increasing the total lots from 36 to 37  A reduction in the number of units from 40 to 37.
 A reduction of the size of the park from 0.64 acres to 0.59 acres due to the reduction of the total number of units
 Modification to the requested waivers (to allow certain waivers to apply to the duet units only)
During the public hearing, the applicant agreed to provide the City with a plotting plan of what the 37 lot concept would look like (attached). The additional duet units would be located on lot 18 and a new lot 37 and would be the same floor plans as the already proposed set of duets. If the City Council adopts the attached resolution, staff recommends that the Council add a condition of approval requiring that each set of duets be of different architectural styles to create greater variety within the project (condition of approval #30 in DR resolution).

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Consistency with the Affordable Housing Ordinance
The Commission’s recommendation to include a second set of duets and remove the shared housing building would still be in compliance with the City’s affordable housing ordinance as follows:

Table 1: Local Affordable Housing Ordinance Requirements As seen above, the applicant would be in compliance with the 10% affordability required by the Ordinance that they were vested under by their April, 2022, SB 330 application. In addition to this, the applicant’s revised plotting plan exhibit shows that the duet would not be located near each other, which is consistent with the requirements of the City’s Affordable Housing Ordinance.

State Density Bonus Law Request
The applicant is still seeking to qualify for waivers under the SDBL in order to gain relief from the City’s density transition policy. In order to qualify for waivers, the applicant must include at least 5% of the proposed units as affordable to very-low income households. The applicant meets this requirement as follows:

Affordability
Level
Required (for
ownership
projects)
Proposed Does the project as
amended meet
requirement?
Very-low 3% (1.1 units
rounded to 1 unit)
2/37 = 5.4%
(duet on Lot
36 and 11)
Yes
Low 4% (1.4 units
rounded to 1 units)
1/37 = 2.7%
(duet unit on
Lot 18)
Yes
Moderate 3% (1.1 units
rounded to 1 units)
1/37 = 2.7%
(singlefamily home
on Lot 37)
Yes
Total 10%
(4 units)
4/40 =
10%
Yes

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Table 2: State Density Bonus Law
As noted above, the applicant would still qualify for the SDBL waivers by providing two very-low income units. The requested waivers are as follows:

Table 3: Waivers Requested
Standard Waiver Requested Analysis
1 Transition Lots:

Lots facing or
abutting existing
residential lots of
one acre or more
have a minimum
size of 20,000
square feet
Elimination of the
transition lot
requirement for lots
along the perimeter of
the project.

Providing 20,000 sf
transition lots would
physically preclude
construction of 6 of the
proposed units. This would
reduce the overall density of
the project as proposed.

Staff recommends granting
this waiver.
2 Lot Width:

Minimum lot width
is 90 feet
Narrowest width of a
duet lot is 40 feet and
would be out of
compliance with the 90
foot lot width
requirement.

Adherence to this standard
would prevent the duet lots
from being constructed in
the proposed layout. Staff
thus recommends granting
this waiver.
3 Lot depth:

Maximum 150
feet.

Waiver of the maximum
lot depth to
accommodate lots #33,
lot #20 and lot #24
The project could not be
constructed at the proposed
density in the proposed
layout if the maximum lot
depth requirements are
applied to these lots. Staff
thus recommends granting
this waiver.

Affordability
Level
Minimum number of
units required
Proposed Does the project
meet minimum
qualifications for
SDBL eligibility?
Very-low 5% (1.8 units rounded to 2
units)
2/37 =

5.4% Yes

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Standard Waiver Requested Analysis
4 Front Setbacks:

Minimum 20 feet
Waiver for the minimum
setback to be 10 feet to
accommodate duet units
and for encroachments
of front porches on 24
detached home lots.

Duet lot #11 is proposed
with a 15 foot setback, and
the project could not be
constructed at the proposed
density if the 20-foot
standard is applied to this
lot. Staff thus recommends
granting the requested
waiver as to this lot.

Additionally, there are 24
detached homes that are
proposed with front porches
with a 15 foot setback. The
project can be constructed at
the proposed density even if
it complies with this standard
for the 24 detached homes
without reducing the
requested density or unit
count. Staff therefore
recommends that the
requested waiver only be
granted as to the duet lots.

A draft condition of approval
is included in the attached
resolution requiring all nonduet lots to meet the 20’
front setback standard.

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Standard Waiver Requested Analysis
5 Side yards and
rear yards.

Side yard: 12 feet
with an average of
30 Rear Yard:20 feet
Waiver for the duet lots
to be at 0’ side yard and
0’ rear yard only where
the duet units share a
common wall. Setbacks
along the perimeter of
the duet lots shall be as
otherwise required or
waived in this approval.

The project could not be
constructed at the proposed
density if these standards
are required, as construction
of the duet units would be
impossible. Staff thus
recommends granting this
waiver.

Note that, aside from the first three waivers, the Planning Commission recommended that the Council only waive those standards that apply and affect the constructability of the duet units. These waivers would be necessary in order to construct the duets since the Ordinance allows them to be built on smaller lots.

Park Acreage
Due to the Planning Commission recommendation changing the unit count from 40 units (35 lots and the 5 shared housing units) to 37 units, there would be a slight reduction to the required park acreage. In accordance with laws allowing cities to require the dedication of parkland (or payment of fees in-lieu thereof) in conjunction with new residential subdivisions, General Plan Policy CSF 2-2 directs the City to “[a]chieve and maintain a minimum overall citywide ratio of 5 acres of park land per 1,000 residents.” Consistent with the General Plan, the Parks and Recreation Department uses 3.2 as the average number of persons per dwelling unit for this calculation.

Average Number of Persons/unit (3.2) X .0050 = .0160 acres per unit 37 units x .0160 acre = .59 acres

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Based on this, the project would be required to provide a total of 0.59 acres in land to be dedicated or to pay a fee in-lieu of dedication. The application currently proposes a single parcel totaling 0.58-acres that would be dedicated to the City for park purposes and, therefore, this application would be required to increase the park area by 0.01-acre as reflected in the VTSM resolution.

Public Comment
Subsequent to the Planning Commission meeting, a comment was submitted by Leanne Alfaro (attached), who is concerned about two, two-story homes that would about her property. She requests that the Council consider requiring the applicant to improve the property with a 10-foot wall around the entire development or at least the portions that abut her property.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press and mailed it to all property owners within 300 feet of the site on January 12, 2024. The applicant also posted the project site with the required signage.

ENVIRONMENTAL DETERMINATION
The City prepared a mitigated negative declaration (SCH# 2023100339) for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR 15000, et seq.). Several potentially significant impacts were identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. The public review period for the proposed IS/MND began October 13, 2023 and ended November 2, 2023. Staff did not receive any comment letters during this public review period.

The IS/MND may be reviewed by clicking on the link below and scrolling to “Lone Tree Residential Project:”

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https://www.brentwoodca.gov/government/community-development/planning/ceqadocuments

ATTACHMENT(S)

1. Previous Action

2. CC resolution to adopt MND and MMRP

3. CC resolution for VTSM 9597

4. CC resolution for DR 22-005

5. Applicant proposed project plans

6. PC recommended Master Plotting Plan

7. Wing lots graphic

8. Public Comment, Leanne Alfaro

9. Applicable Version of Affordable Housing Ordinance

Previous actions related to this agenda item that were taken by the Planning Commission and City Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/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 October 28, 1997, LAFCO approved Annexation No. 96-03, annexing approximately 171 acres into the City of Brentwood and pre-zoning the residential development located north of Lone Tree Way, east of O’Hara Avenue, west of Anderson Land, and south of Neroly Road.

On December 14, 1999, the City Council, upon recommendation from the Planning Commission, approved General Plan Amendment No. 99-02 and Rezone No. 99-04, changing the General Plan land use designation from Very Low Density Residential to Professional Office and the zoning from Planned Development No. 29 to Planned Employment Center for 20.75 acres at the northeast corner of Lone Tree Way and O’Hara Avenue.

On September 24, 2013, the City Council adopted a Mitigated Negative Declaration and approved General Plan Amendment No. 13-002 to change the land use designation from Professional Office to Very Low Density Residential and approved Rezone No. 13-003 to change the zoning from Planned Employment Center (PEC) to Single Family Residential (R-1-12).

CITY COUNCIL RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ADOPTING A MITIGATED NEGATIVE
DECLARATION (SCH#20231003390) AND MITIGATION

MONITORING AND REPORTING PROGRAM FOR THE LONE TREE
WAY PROJECT (VTSM 9597 AND DR 22-005), LOCATED AT
7590/7650 LONE TREE WAY (APNS 018-060-006/007).

WHEREAS, Seecon Financial and Construction Company, Inc. (the “Applicant”) submitted an application to the City of Brentwood for certain permits and approvals, including a Vesting Tentative Subdivision Map (VTSM 9597) and Design Review (DR 22-005), to develop its proposed Lone Tree Way project, a 36-lot residential subdivision to be developed on a 16.32-acre site located north of Lone Tree Way (the “Project Site”, identified as APN 018-060-006/007); and WHEREAS, collectively, the Vesting Tentative Subdivision Map (VTSM 9597), which includes a request for a density bonus under the State Density Bonus Law, and the Design Review (DR 22-005) constitute the “Project;” and WHEREAS, the Project application has been referred to various public utility companies, public districts, and pertinent departments for review and recommendations; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA,” codified at Public Resources Code Section 21000, et. seq.) and its implementing regulations (the “CEQA Guidelines,” found at 14 CCR Section 15000, et. seq.), the City of Brentwood is the lead agency for the proposed Project; and WHEREAS, the City reviewed the Project application and prepared an Initial Study for the Project in accordance with Section 15063 of the CEQA Guidelines; and WHEREAS, on the basis of the Initial Study, and pursuant to Section 15170 of the CEQA Guidelines, the City prepared a Mitigated Negative Declaration (“MND”) for the Project, which MND is attached hereto, along with the Initial Study, attached as Exhibit ‘A’ and incorporated herein by this reference; and WHEREAS, pursuant to Section 15097 of the CEQA Guidelines, the City has prepared a Mitigation Monitoring and Reporting Program (MMRP) to accompany the Initial Study and MND, which is attached hereto as a component part of Exhibit ‘B’ and incorporated herein by this reference; and
WHEREAS, pursuant to Section 15072 of the CEQA Guidelines, the City provided notice of its intent to adopt the MND, and pursuant to Public Resources Code Section 20191(b) and Section 15073 of the CEQA Guidelines, the City circulated the MND for public review and comments from October 13, 2023 to November 2, 2023; and

WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on November 24, 2023 in accordance with City policies and Government Code Section 65090; and
WHEREAS, the Planning Commission held a public hearing on this project at its regular meeting of December 5, 2023, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project; and
WHEREAS, the Planning Commission unanimously voted to adopt a resolution recomending that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring Program for the proposed Lone Tree Way residential project; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on January 12, 2024 in accordance with City policies and Government Code Section 65090; and
WHEREAS, the City Council held a public hearing on this project at its regular meeting of January 23, 2024, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project.

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

A. The recitals set forth above are true and correct and are incorporated herein by this reference.

B. The City Council has reviewed and considered the MND and MMRP together with all comments received during the public review process, as well as the written responses prepared to such comments, the staff report, testimony by staff and the public, and all other materials and evidence submitted to the City relating to the Project.

C. The City Council hereby finds, on the basis of the whole record before it, that:
a. The MND and MMRP have been prepared and completed in accordance with the requirements of CEQA and the CEQA
Guidelines;
b. There is no substantial evidence that the Project will have a significant effect on the environment; and
c. The information, analyses, findings and conclusions set forth in the MND and MMRP reflect the City’s independent judgment and analysis.

D. Based on the information, analyses and conclusions in the Initial Study, and on the whole record before it, the City Council adopts the Initial Study and Mitigated Negative Declaration for the Lone Tree Way Project dated October 2023, attached hereto as Exhibit ‘A’, including the MMRP hereto as Exhibit ‘B’.

E. The City’s custodian for the record of proceedings for the Project is the Planning Manager and the record of proceedings is maintained in the City’s files at 150 City Park Way, Brentwood, California.

ADOPTED by the City Council of the City of Brentwood at its regular meeting of January 23, 2024, by the following vote:

AYES: None
NOES: None
ABSENT: None
RECUSE: None

APPROVED
Joeil R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

Initial Study and Mitigated Negative Declaration dated October 2023, Exhibit ‘A’ Mitigation Monitoring and Reporting Program, Exhibit ‘B’ All attachments may be reviewed by clicking on the link below and scrolling to “Lone Tree Way Residential:”
https://www.brentwoodca.gov/government/community-development/planning/ceqadocuments

CITY COUNCIL RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A VESTING TENTATIVE SUBDIVISION
MAP (VTSM 9597) TO SUBDIVIDE ONE 16.32-ACRE PROPERTY
INTO 37 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED AT
7590/7650 LONE TREE WAY (APN 018-060-006/007).

WHEREAS, Seecon Financial and Construction Company, Inc. (the “Applicant”), submitted an application to the City of Brentwood for certain permits and approvals, including a Vesting Tentative Subdivision Map (VTSM 9597) and Design Review (DR 22-005), to develop its proposed Lone Tree Way Project, a residential subdivision project proposed to be developed on a 16.32-acre site located north of Lone Tree Way (the “Project Site,” identified as APN 018-060-006/007); and WHERAS, collectively, Vesting Tentative Subdivision Map (VTSM 9597), which includes a request for a density bonus under the State Density Bonus Law, and Design Review (DR 22-005) constitute the “Project;” and
WHEREAS, the Project application has been referred to various public utility companies, public districts, and pertinent departments for review and recommendations; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on November 24, 2023 in accordance with City policies and Government Code Section 65090; and
WHEREAS, the Planning Commission held a public hearing on this project at its regular meeting of December 5, 2023, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project; and
WHEREAS, at the Planning Commission’s December 5, 2023, meeting, the Commission unanimously voted to recommend the project with slight variations to the City Council; and
WHEREAS, the City prepared an Initial Study and mitigated negative declaration for this project in accordance with the CEQA and CEQA Guidelines, and at its December 5, 2023 meeting, the Planning Commission recommended that the City Council adopt said MND, including its accompanying Mitigation Monitoring and Reporting Program through adoption of Resolution No 23-038; and WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on January 12, 2024 in accordance with City policies and Government Code Section 65090; and

WHEREAS, on January 23, 2024 the City Council adopted IS/MND SCH#20231003390 via Resolution No. ____; and
WHEREAS, the City Council held a public hearing on this project at its regular meeting of January 23, 2023, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood:

A. Hereby finds that with respect to Brentwood Municipal Code Section

16.050.040.B and Government Code section 66474:

1. That the proposed map is consistent with the community development plan and any applicable specific plans.

The City’s 2014 General Plan and 2023 Housing Element include goals and policies to ensure that adequate housing needs are met and that adequate housing opportunities are available and affordable to all residents of Brentwood. The proposed project meets the intent of the goals and polices established by the General Plan and Housing Element as follows:
a. Goal LU 1. (“Establish a land use pattern in Brentwood that provides for a diverse, self-sufficient community that offers a broad spectrum of job opportunities, housing types, community facilities, and commercial services.”) The project would provide a land use pattern that would provide for a diverse and self-sufficient community that would offer a total of 33 detached market rate single-family residences. In addition, the project would provide two sets of duet units (four total units), which would provide two very-low income units, and one low-income unit and one moderate income unit. b. Goal H-1. (“Provide a diversity of housing opportunities to enhance the City's living environment and to satisfy the shelter needs of all Brentwood residents.”) The project would provide a diversity of housing opportunities by including 33 single-family market rate homes, and two sets of affordable duet units. The single-family homes would range in size from 2,924 sf to 23,834 sf.
c. Goal H-2 (“Encourage housing that is affordable to all socio-economic segments of Brentwood’s population.”) The project includes four affordable units for very-low, low-, and moderate-income families for the Brentwood population, consistent with the City’s Affordable Housing Ordinance.
d. Action H 2a (“Compliance with Affordable Housing Ordinance: All new residential projects shall provide affordable housing units in

accordance with the City’s adopted Affordable Housing Ordinance Chapter 17.725. The City will continue to review and monitor the ongoing effectiveness of the City’s affordable housing ordinance to ensure developers provide a certain percentage of new homes to qualifying households at an affordable cost for the longest feasible time. The ordinance shall also continue to include a list of automatically available development incentives to encourage the construction of the inclusionary units, as well as provide the details for available alternatives to satisfy inclusionary housing obligations.”) The project would comply with the Affordable Housing Ordinance by providing affordable units in accordance with the City’s adopted ordinance that was in effect at the time the project was deemed complete in April 2022 and is subject to the 10 percent affordability requirement. The project would provide four affordable units (10 percent) for very-low, low-, and moderate-income households. In addition the applicant is proposing to meet the density bonus requirements. The project developer would be required to enter into an Affordable Housing Agreement with the City prior to final map approval.

The project site is within the General Plan R-VLD land use designation, which provides for a density range from 1.1 to 3.0 dwelling units per acre. The 37 proposed units would result in an overall density of 2.27 dwelling units per acre, which is consistent with the density range of 1.1 to 3.0 dwelling units per acre. e. Action H 2h (“Density Bonus: Grant density bonuses for the provision of affordable housing as required by State law. Monitor statutory requirements for municipal density bonus requirements and make necessary changes in the Municipal Code to reflect State law.”) The State Density Bonus law allows a housing development consistent with that law to develop at a density in excess of the density established for that General Plan land use without rezoning the site or requiring a General Plan amendment. The project site’s General Plan land use designation is R-VLD which allows for 1.1 to 3.0 units per acre, with a mid-range of 2.0 units per acre. Therefore, the proposed 16.32-acre project is allowed to build up to the base density of 50 dwelling units (Government Code § 65915 (o)(4)). The applicant is invoking the State Density Bonus law, a state mandate that allows for a “density bonus”, an amount over and above the allowable residential density when a project includes a qualifying affordability component. The project’s proposed density (2.27 du/a) is within the allowed range under the City’s current General Plan (3.0 du/a) and as a result is not proposing to utilize any of the allowed bonus units. The project is proposing to utilize certain waivers allowed under the Law with respect to some of the zoning criteria.

f. Goal H 4 (“HOUSING OPPORTUNITIES GOAL: Provide equal housing opportunities for all residents of Brentwood.”) The project provides 33 market rate homes and 4 affordable homes for the City of Brentwood, thus providing housing opportunities for all residents of the city.

2. That the design or improvement of the proposed subdivision is consistent with the community development plan and any applicable specific plans.

The Project Site is not currently within any adopted or proposed specific plan area. The design and improvements of the proposed subdivision are consistent with the General Plan, including with those goals and actions set forth above, as well as the following:
a. Policy CIR 1-2. (“Ensure that the City’s circulation network is a wellconnected system of streets, roads, highways, sidewalks, and paths that effectively accommodates vehicular and non-vehicular traffic in a manner that considers the context of surrounding land uses and the needs of all roadway users.”) Site access would be provided by Lone Tree Way, which (at this location) is an arterial street leading to retail and dining. Lone Tree Way will be widened by the project.

In addition, two roadway connections would be constructed along Lone Tree Way to provide access to the proposed roadway network that would be constructed as part of the project. Sidewalks would be included on both sides of the streets to allow for pedestrian circulation throughout the project site. A new sidewalk would also be constructed along the northern side of Lone Tree Way outside of the project boundary. Full right-of way improvements would be constructed within the street, including utilities, curb gutter, and a separated sidewalk.
b. Policy LU 1-4 (“Require new development to occur in a logical and orderly manner, focusing growth on infill locations and areas designated for urbanization on the Land Use Map and be subject to the ability to provide urban services, including paying for any needed extension of services.”) The proposed project is located within a developed area and will connect to adjacent existing infrastructure.

The project involves the construction of the necessary infrastructure to serve the proposed neighborhood and would include plans to connect to existing City infrastructure to provide water and sewer to the site. Storm water quality for the site will be achieved through self-treating areas on each lot and the private road network and include pervious pavers on each driveway, pursuant to Contra Costa County and State Water Control Resource Board regulations. A condition of approval requires the establishment of a Home Owner’s Association in order to maintain these water treatment facilities.

c. Policy LU 1-5 (“Encourage new development to be contiguous to existing development, whenever possible.”) The proposed project is contiguous to existing development. Full right-of-way improvements would be constructed within the street, including utilities, curb gutter, and a separated sidewalk. The subdivision would be oriented in a similar pattern as typical single-family subdivision, thus creating a fabric of viable and interrelated neighborhoods.
d. Action LU 2a. Density Transition Policy Action. Action LU 2a of the General Plan requires a density transition for proposed lots facing or abutting existing residential lots zoned Ranchette Estate or of one acre or more, such that the proposed lots have a minimum area of 20,000 square feet. The subject site is surrounded on three sides (north, east and west) by six lots that are larger than one acre (and one that is half of one acre) and therefore subject to the density transition policy. The applicant seeks a waiver of this requirement per the provisions of the State Density Bonus Law. Providing 20,000 sf transition lots would physically preclude construction of 6 of the proposed units. This would reduce the overall density of the project as proposed. The City Council has reviewed the project’s eligibility for the requested waivers and finds that the Project qualifies for such waivers as set forth below.
e. Finally, the project complies with other applicable elements of the General Plan as described in finding A(1) above.

3. That the site is physically suitable for the type of development.

The site is physically suitable for the type of development proposed by VTSM 9597 insomuch as the discharge of waste from the proposed subdivision will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board because the Permittee will be required to make the necessary improvements to tie in to the City’s stormwater and sewer facilities, as well as treat all stormwater runoff, and the design of the subdivision and the associated improvements is not likely to cause serious public health problems due to the fact that this project will be required to construct all of the necessary improvements needed to ensure a safe and healthy development, including all Federal, State, and local regulations.

4. That the site is physically suitable for the proposed density of development.

The site is physically suitable for the density of development proposed, in that it complies with the density allowed per the City’s General Plan and the State Density Bonus law. The project site is zoned R-1-12, which allows for

3.0 units per acre and the General Plan land use designation is R-VLD which allows for 1.1 to 3.0 units per acre, with a mid-range of 2.0 units per acre.

Therefore, the proposed 16.32-acre project is allowed to build up to the

base density of 50 dwelling units (Government Code § 65915 (o)(4)). The applicant is invoking the State Density Bonus law, a state mandate that allows for a “density bonus”, an amount over and above the allowable residential density when a project includes a qualifying affordability component. Pursuant to the State Density Bonus law, 37 units are proposed, which will result in a density of 2.27 dwelling units per acre, which is within the density determined to be suitable for development of this site by the General Plan.

5. That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat unless an Environmental Impact Report was prepared with respect to the project and a finding was made pursuant to subdivision (c) of Section 21081 of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Environmental Impact Report.

The design of the subdivision and the associated improvements have been analyzed for their impacts on the environment through the preparation of an initial study/mitigated negative declaration (IS/MND) and a Mitigation Monitoring and Reporting Program which includes feasible mitigation measures to ensure that any impacts identified as potentially significant in the IS/MND will be reduced to a less than significant level.

6. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

The design of the subdivision and the type of improvements proposed are not likely to cause serious public health problems due to the fact that this Project includes proposed improvements necessary to ensure a safe and healthy development, including adequate wastewater and potable water infrastructure, streets that meet the City’s specifications, street lighting, and compliance with Federal, State, and local regulations designed to protect public health.

7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

The design of the subdivision and the associated improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision as alternative access, utility, and irrigation facilities will be constructed, enabling continued service to properties serviced by existing easements.

B. Hereby finds that with respect to the density bonus requested by the Permittee pursuant to Brentwood Municipal Code Chapter 17.720 and Government Code §§ 65915-65918 (the “Density Bonus law”):

1. Qualification. The proposed project is proposing to provide at least five percent (5%) of the units for very-low income households, which meets the State’s Density Bonus Law threshold for a base density bonus (Government Code § 65915 (f)(2)(B)(1)(b)). The project qualifies for a density bonus, but is not seeking to develop above the density allowed by the City. The project is, however, requesting to utilize the waivers allowed under the Law with respect to some of the zoning criteria. The City Council has reviewed the project’s eligibility for the requested waivers and finds that the Project qualifies for such waivers.

2. Satisfaction of requirements. The Project shall, by incorporation of the conditions set forth herein, comply with all requirements of Brentwood Municipal Code Chapter 17.720 and the Density Bonus law.

3. Requested concession. The provision of five percent (5%) of the units for very-low income households, meets the State’s Density Bonus Law threshold for a base density bonus (Government Code § 65915 (f)(2)(B)(1)(b)). The applicant is not requesting a concession at this time.

4. Requested waivers. The Permittee has requested the following waivers.

Having determined that there are no grounds under the law for denying these requested waivers, the City Council grant the following requested waivers for the reasons stated below:

Standard Waiver Requested Analysis
1 Transition Lots:

Lots facing or
abutting existing
residential lots of
one acre or more
have a minimum
size of 20,000
square feet
Elimination of the
transition lot
requirement for lots
along the perimeter of
the project.

Providing 20,000 sf
transition lots would
physically preclude
construction of 6 of the
proposed units. This would
reduce the overall density of
the project as proposed.

Staff recommends granting
this waiver.
2 Lot Width:

Minimum lot width
is 90 feet
Narrowest width of a
duet lot is 40 feet and
would be out of
compliance with the 90
foot lot width
requirement.

Adherence to this standard
would prevent the duet lots
from being constructed in
the proposed layout. Staff
thus recommends granting
this waiver.
3 Lot depth:

Maximum 150
feet.

Waiver of the maximum
lot depth to
accommodate lots #33,
lot #20 and lot #24
The project could not be
constructed at the proposed
density in the proposed
layout if the maximum lot

Standard Waiver Requested Analysis
depth requirements are
applied to these lots. Staff
thus recommends granting
this waiver.
4 Front Setbacks:

Minimum 20 feet
Waiver for the minimum
setback to be 10 feet to
accommodate duet units
and for encroachments
of front porches on 24
detached lots.

Duet lot #11 is proposed
with a 15 foot setback, and
the project could not be
constructed at the proposed
density if the 20-foot
standard is applied to this
lot. Staff thus recommends
granting the requested
waiver as to this lot.

Additionally, there are 24
detached homes that are
proposed with front porches
with a 15 foot setback. The
project can be constructed
at the proposed density
even if it complies with this
standard for the 24
detached homes without
reducing the requested
density or unit count. Staff
therefore recommends that
the requested waiver only
be granted as to the duet
lots. A draft condition of
approval is included in
Resolution 23-040 requiring
all non-duet lots to meet the
20’ front setback standard.

Standard Waiver Requested Analysis
5 Side yards and
rear yards.

Side yard: 12 feet
with an average of
30 Rear Yard:20 feet
Waiver for the duet lots
to be at 0’ side yard and
0’ rear yard only where
the duet units share a
common wall. Setbacks
along the perimeter of
the duet lots shall be as
otherwise required or
waived in this approval.

The project could not be
constructed at the proposed
density if these standards
are required, as construction
of the duet units would be
impossible. Staff thus
recommends granting this
waiver.

C. Hereby approves Vesting Tentative Subdivision Map (VSTM 9597), including the requested density bonus waivers, subject to the conditions of approval listed in Exhibit ‘A’, attached hereto and made a part of this resolution, and all City standards applicable to this project.

D. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at 150 City Park Way in Brentwood, California. The City Clerk is the custodian of records for the record of proceedings.

ADOPTED by the City Council of the City of Brentwood at its regular meeting of January 23, 2024, by the following vote:

AYES: None
NOES: None
ABESENT: None
RECUSE: None

APPROVED
Joel R. Bryant
Mayor

ATTEST:

Margaret Wimberly, MMC
City Clerk

EXHIBIT ‘A’ TO
CITY COUNCIL RESOLUTION NO. 24-_____

CONDITIONS OF APPROVAL FOR
VESTING TENTATIVE SUBDIVISION MAP (VTSM 9597)

1. The Applicant and Permittees, including all successors in interest (collectively, “Permittee”) shall comply with each and every condition set forth in the Permit. Vesting Tentative Subdivision Map (VSTM 9597) (the “Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed. The Permittee shall develop the site in accordance with the approved attachments and as modified by these Conditions of Approval.

2. All applicable Standard Conditions of Approval for Tentative Subdivision Maps, dated May 2005, are hereby incorporated by reference and shall be complied with by the Permittee, unless modified by any of the conditions below.

3. The final map shall be substantially in conformance with Alternate Preliminary Lotting Plan prepared by RJA civil engineers “November 16, 2023” unless otherwise amended by the conditions of approval contained herein. Permittee shall modify said map to (a) include a second set of duet units on a lot to be determined by the City Council, and (b) move the location of the duet units currently shown on Lots 11 and 36 to another location within the subdivision.

No shared housing units shall be approved or constructed under VTSM 9597.

4. The approval of Vesting Tentative Subdivision Map (VTSM 9597) is effective only after adoption of the MND prepared to analyze the Project.

5. The Permittee shall indemnify, defend with counsel of the City’s reasonable choosing, and hold harmless City and its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any third party claim, action, or proceeding against City and/or the Indemnified Parties to attack, review, set aside, void, or annul the City’s approval of the project approved herein, including adoption of VTSM 9597, and DR 22-005, and any environmental determination made with regard thereto, save and except to the extent caused solely by the City's sole or active negligence, or willful misconduct. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition. City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense. To the extent the above indemnification is limited by Government Code Section 66474.9, any limitations shall only apply to VTSM 9597, and the remainder of this obligation shall be unaffected by said Government Code section.

6. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.720 (“Density Bonus Program”) and Government Code 65915- 65918 (the State Density Bonus law).

7. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.725 (“Affordable Housing”), as effective on January 2022.

8. Prior to building permit issuance, the Permittee shall enter into an Affordable Housing Agreement with the City of Brentwood, per the City’s Affordable Housing Ordinance (Brentwood Municipal Code Chapter 17.725).

9. Permittee shall cause each and every mitigation measure set forth in the Mitigation Monitoring and Reporting Program for the Project to be fulfilled within the timelines set forth therein.

10. Prior to each building permit issuance, the Permittee shall comply with all applicable requirements of the Uniform Fire Code and the adopted policies of the Contra Costa County Fire Protection District (CCCFPD). The City’s Building Division shall review the building plans to ensure compliance.

11. Prior to building permit issuance, the Permittee shall provide an adequate and reliable water supply for fire protection with a minimum fire flow to the satisfaction of CCCFPD and the City of Brentwood.

12. The Permittee shall comply with the Public Art Program as approved by the City by paying the in-lieu fees consistent with Brentwood Municipal Code Chapter 2.44.

13. The Permittee shall reconfigure Parcel “Z” (park) to be approximately 0.59- acres and be accessible for public use. The final acreage of Parcel “Z” to be dedicated to the City shall be per the General Plan. The Permittee shall dedicate, in fee, to the City of Brentwood, said Parcel “Z”. Parcel “Z” shall be improved to the satisfaction of the City Engineering, the Director of Parks and Recreation, and the Community Development Director, or their designees, prior to the issuance of a building permit.

14. Parcel “Z” (approximately 0.59-acre park) shall be constructed and completed by the Permittee, subject to reimbursement, and to the satisfaction and approval of the City Engineer, Director of Parks and Recreation and the Community Development Director, or their designees, prior to the issuance of the 18th certificate of occupancy and prior to the issuance of any building permit contiguous to Parcel “Z”.

15. Parcel “Z” and all landscape trails, medians and streetscapes shall be maintained by the Permittee, at their expense, until subdivision acceptance.

After subdivision acceptance, these areas will be maintained by the City and

will be paid by the subdivision’s Lighting and Landscape District or other acceptable financing mechanism accepted by the City.

16. The Permittee shall present to the Director of Parks and Recreation or designee and the City’s Park and Recreation Commission conceptual designs for all parks, trails and landscape areas for review and approval prior to final map approval.

17. The development of Parcel “Z” shall incorporate design criteria from the City of Brentwood Parks, Trails and Recreation Master Plan to the satisfaction of the City Engineer, the Director of Parks and Recreation and the Community Development Director, or their designees. The design for this park shall also include a tot lot to the satisfaction of the Director of Parks and Recreation.

18. The Permittee shall submit detailed landscape and irrigation plans of front yard typical, open space areas, and self-treating water retention areas for review and approval prior to issuance of a building permit to ensure compliance with the City’s Water Efficient Landscape Ordinance subject to review and approval of the Planning Department.

19. The Permittee shall comply with all applicable NPDES requirements, including C.3, per the current Contra Costa County Stormwater C.3 Guidebook, to the satisfaction of the Director of Public Works/City Engineer.

20. The Project shall be consistent with all applicable City’s General Plan Policies.

21. All improvements shall be designed and constructed; all permits issued; all fees paid; and all securities submitted pursuant to applicable Federal and state laws, the Subdivision Map Act, the Brentwood Municipal Code, the City Engineering Department’s Standard Plans and Specifications, and the City Engineering Department’s Engineering Procedures Manual.

22. Permittee and all construction plans and maps shall comply with Brentwood Municipal Code Title 8 “Health and Safety,” Title 9 “Public Peace and Welfare,” Title 12 “Streets, Sidewalks and Public Places,” Title 13 “Sewers,” Title 14 “Water,” Title 15 “Building and Construction,” and Title 16 “Subdivision and Land Development.” In particular:
a. Solid waste service shall comply with Brentwood Municipal Code Chapter

8.16 “Solid Waste.”
b. Construction and demolition work shall comply with Brentwood Municipal Code Chapter 8.40 “Construction and Demolition Debris Recycling.”
c. Permittee shall comply with Brentwood Municipal Code Chapter 9.32 “Noise Regulations.”

d. Permittee shall dedicate and improve any thoroughfare and/or collector street pursuant to Brentwood Municipal Code Chapter 12.04 “Street Widths.”
e. Permittee shall comply with the encroachment permit requirements pursuant to Brentwood Municipal Code Chapter 12.08 “Street Encroachments.”
f. Sewer backflow prevention, interceptors, and other health and safety requirements shall be incorporated into the project pursuant to Brentwood Municipal Code Chapter 13.04 “Sewer System – Rules and Regulations.”
g. Brine-discharging self-regenerating water softener systems are prohibited pursuant to Brentwood Municipal Code Section 13.04.022.B. h. Recycled water services shall comply with Brentwood Municipal Code Chapter 13.06 “Recycled Water Regulations.”
i. Water service shall comply with Brentwood Municipal Code Chapters

14.01 “Municipal Water System” and Chapter 14.10 “Cross-Connection Control.” In addition and to comply with both health and safety requirements as well as the City’s Engineering Design Standards, all projects serving more than 25 units shall design and construct at least two independent points of potable water supply to the Project. j. Contractors requiring construction water shall obtain a temporary water permit and shall only take water metered at a location specified by the City Engineer pursuant to Brentwood Municipal Code Section 14.01.340 “Contractors.”
k. Permittee shall comply with the Federal Clean Water Act, the Municipal Regional NPDES Permit, and Brentwood Municipal Code Chapter 14.20 “Stormwater Management and Discharge Control.”
l. Fire access and aerial apparatus access shall comply with the requirements of the Fire District and Brentwood Municipal Code Chapter

15.06 “Fire Code.”
m. Special flood hazard areas shall comply with the requirements of Brentwood Municipal Code Chapter 15.07 “Flood Plain Management.” n. Grading shall comply with Brentwood Municipal Code Chapter 15.52 “Grading, Erosion and Sediment Control.”
o. All grading and noise generating activities shall be limited to the days and hours defined in Brentwood Municipal Code Section 15.52.060 “Grading Regulations.”

p. In addition to the indemnification obligation set forth above, Permittee shall indemnify the City pursuant to Brentwood Municipal Code Section

15.52.160 “City Held Harmless.”
q. Pursuant to Brentwood Municipal Code Section 16.070.030.B, review of a Final Map, certification and approval shall not proceed until the Improvement Plans (onsite and offsite) have been submitted and reviewed by and approved by the City Engineer.
r. Permittee shall obtain all required permits including, but are not limited to: buildings; sewer connections; encroachment; grading; use; business license; water connection; Army Corps of Engineers; Contra Costa County Flood Control; California Department of Fish and Wildlife pursuant to Brentwood Municipal Code Section 16.120.050 “Procedures.”
s. All storm drain, sewer, water and street systems shall be designed and sized to accommodate such additional flows, volumes or loads as may be contributed by the most intensive developed land use of the lands adjacent to or beyond the limits of the subdivision pursuant to Brentwood Municipal Code Section 16.120.080.
t. All public facilities shall be constructed and any existing deficiencies shall be corrected. This includes both required on- and off-site public facilities and any deficiencies on-site, abutting the parcel or parcels involved or required off-site to provide service to the proposed development or for the continued safety, health and well-being of the public upon completion of the development pursuant to Brentwood Municipal Code Section 16.120.090 “Public Facilities Installation.”
u. Utilities shall be installed underground pursuant to Brentwood Municipal Code Section 16.120.120 “Undergrounding – Electric, Communication, Street Lighting and Advanced Technology Systems.”
v. All landscaping installed by the project shall be from trees and plants selected from the City Approved Drought Tolerant and Native Plant List with the exception of bioretention facilities which shall conform to Appendix B of the Contra Costa Clean Water Program C.3 Guidelines, to the satisfaction of the Director of Parks and Recreation and City Engineer.
w. Permittee shall make all land dedications pursuant to Brentwood Municipal Code Sections 16.140 and 16.150.

23. Prior to issuance of a grading permit:

a. The height and location of all existing and proposed retaining walls shall be shown on the Grading Plans. Retaining walls over three feet in height shall be structurally engineered, and shall require separate building permits. All retaining walls shall include a sub-drain system to the satisfaction of the City Engineer.
b. Construction Plans shall demonstrate with plans, analysis, or other documentation signed and stamped by a licensed Civil Engineer that there is adequate overland drainage release to an adequate public drainage facility to the satisfaction of the City Engineer. Permittee shall acquire drainage easements, if necessary.
c. Permittee shall provide approved hydrology and hydraulic calculations signed by a licensed engineer demonstrating that the Project will adequately collect and convey all runoff within the Project as well as the entire developed watershed upstream of the Project pursuant to Brentwood Municipal Code 16.120.080.C.

24. Prior to issuance of an encroachment permit or approval of Improvement Plans:
a. Unless otherwise constructed by the City, construction plans, designed to the satisfaction of the City Engineer, shall include the widening of Lone Tree Way along the project frontage to the ultimate right-of-way configuration consistent with Standard Detail ST-1 “Arterial Street”.

Improvements shall include, but not be limited to, the widening of roadway, bike lane, street lighting, sidewalk, green infrastructure, landscaping, irrigation, median islands and traffic signal at the intersection of Lone Tree Way, Smith Road and Christopher Way. As these improvements are not necessitated by the Project’s impacts, they are eligible for reimbursement consistent with the City’s Development Fee Program and the Project’s fair-share due to its impacts.
b. All proposed internal roadways shall be privately maintained with public utility and emergency vehicle access easements dedicatedunless they are designed and built to current City Standards to the satisfaction of the City Engineer.
c. The Permittee shall submit for review and approval of the Community Development Director an enhanced paving plan showing colorized stamped concrete, asphalt, or similar at the main ingress/egress points to the single-family residential lots along Lone Tree Way to provide a clear delineation between public and private streets, which location shall be shown on the improvement plans.
d. Construction Plans shall include all utilities, including, but not limited to, meters, hydrants, poles, signs, clean-outs and boxes to be located

clear of all trails, sidewalks and driveways or as determined by the City Engineer.
e. Construction Plans shall include all utilities designed with seismic considerations to the satisfaction of the City Engineer. f. Permittee shall submit a colored Composite Site Exhibit showing the location of all existing and proposed utilities, utility boxes, landscaping, monuments, street improvements, lights, signs, driveways, house envelopes, fencing, grading contours, walls, easements, property lines, and other improvements as required at a sufficient scale to allow a comprehensive review of proposed improvements.
g. Construction Plans shall note that construction of all gravity utilities (i.e. storm drain, sewer) to always commence at the downstream connection and proceed to the upstream terminus.
h. Construction Plans shall demonstrate that all gravity utilities (i.e. storm drain, sewer) are designed to positively and completely drain by gravity without relying on any electro-mechanical means (i.e. pumps, lift stations and siphons) to the satisfaction of the City Engineer. i. Construction Plans shall include cathodic protection measures for all buried metallic infrastructure pursuant to City Standards or as approved by the City Engineer.
j. Construction Plans shall include all proposed storm drain inlets to include and update existing storm drain inlets along the project frontage with “No Dumping – Drains to Creek” thermoplastic stencils to the satisfaction of the City Engineer.
k. Permittee shall obtain approval from the City Engineer on the Project Operation and Maintenance Manual for all stormwater control systems.

Said Manual shall comply with all applicable Municipal Regional NPDES Permit requirements including, but not limited to, maintenance, sediment removal, weed and trash abatement, and the use of chemicals.
l. Construction Plans shall include all landscaping with adequate root barriers to protect all City facilities, including but not limited to sidewalks, utilities, meters, ramps, and driveways.
m. Permittee shall have a licensed Land Surveyor locate all existing survey monuments on or adjacent to the project, and show said monuments as protected on all construction plans.

n. Construction Plans shall include a Traffic Control Plan in conformance with the latest edition of the Manual of Uniform Traffic Control Devices issued by Caltrans and as required by the City Engineer. o. Construction Plans shall include Emergency Vehicle Access areas to comply with the requirements of the Fire District, and that ingress and egress is provided to all neighboring properties during construction. p. Construction Plans shall incorporate roadways and driveways that provide adequate sight distance pursuant to City and Caltrans design requirements. All landscape areas required to have restrictions to comply with sight distance requirements shall be shown on applicable Construction and Plot Plans.
q. Construction Plans shall incorporate all-weather vehicular access from a public road to all proposed and existing public storm drain, sewer, water, and non-potable water mains, appurtenances, and easements subject to approval of the City Engineer.

25. Prior to approving the Final Map:
a. Final Map shall comply with the current Subdivision Map Act. b. Final Map shall show the project frontage dedication area for Lone Tree Was as a future public right-of-way; not as open space being dedicated to the City.
c. The Project shall annex into the most current City Community Facilities District, and annex into, or form a street lighting and landscape maintenance assessment district, or provide and execute an alternative funding mechanism acceptable to the City for the maintenance of City improvements.
d. The Project shall annex into the most current Emergency Medical and Fire Protection Services Community Facilities District as required by the Contra Costa County Fire Protection District and Brentwood Municipal Code Chapter 17.635.
e. Permittee shall provide for an adequate private funding mechanism for the perpetual maintenance of all stormwater NPDES treatment areas and other similar clean water facilities to the satisfaction of the City Engineer. In addition:
i. Permittee shall dedicate parcels, if any, with said facilities to a Homeowner’s Association (HOA) or similar private entity in fee. ii. Permittee shall dedicate private easements in favor of the HOA or similar private entity over accessible areas within individual lots over proposed self-retaining areas.

f. Final Map shall include approved street names by the Fire District and Community Development Department. All public streets shall be irrevocably offered for dedication.
g. All applicable City fees shall be paid including, but not limited to, the Agricultural Mitigation Fee, the Contra Costa Flood Control and Water Conservation District Fee.
h. Final Map shall show relinquishment of abutter’s rights of access adjacent to all accessible ramp locations.
i. For all common interest developments, Permittee shall submit a copy of the draft Covenants, Conditions and Restrictions for City review.

26. Prior to issuance of any Building Permits:
a. All on-site improvements shall be constructed prior to the issuance of any building permit in each phase (excluding model homes). The improvements shall include, but is not limited to pavement, curb, gutter, sidewalk, street lights, utilities and walls to the satisfaction of the City Engineer.
b. Permittee shall provide an approval signed and sealed by a geotechnical or structural engineer of the location, nature and proximity of stormwater features near or adjacent to buildings as determined by the City Engineer. Locations and design of any mitigating structural design feature (i.e. foundations) shall be shown on the appropriate construction plans.
c. Permittee shall pay all Development Impact Fees pursuant to, or otherwise comply with the latest City of Brentwood Development Impact Fee Program.
d. Permittee shall provide documents signed by a licensed engineer on building pad elevation, compaction, and appropriate remediation from unsuitable soils.
e. Permittee shall demonstrate that all acoustic mitigations have been incorporated into applicable plans.

CITY COUNCIL RESOLUTION NO. 24-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING DESIGN REVIEW (DR 22-005) FOR 37

SINGLE-FAMILY HOMES, INCLUDING FOUR DUET UNITS,
LOCATED AT 7590/7650 LONE TREE WAY (APN 018-060-
006/007).

WHEREAS, Seecon Financial and Builders, Inc. (the “Applicant”), submitted an application to the City of Brentwood for certain permits and approvals, including a Vesting Tentative Subdivision Map (VTSM 9597) and Design Review (DR 22-005), to develop its proposed Lone Tree Way Project, a residential subdivision project proposed to be developed on a 16.32-acre site located north of Lone Tree Way (the “Project Site,” identified as APN 018-060-006/007); and WHEREAS, collectively, Vesting Tentative Subdivision Map (VTSM 9597), which includes a request for a density bonus under the State Density Bonus Law, and Design Review (DR 22-005) constitute the “Project;” and WHEREAS, the Project application has been referred to various public utility companies, public districts, and pertinent departments for review and recommendations; and
WHEREAS, the City prepared an Initial Study and Mitigated Negative Declaration (SCH#20231003390) for this project in accordance with CEQA and the CEQA Guidelines, and at its December 5, 2023 meeting, the Planning Commission recommended that the City Council adopt said MND, including its accompanying Mitigation Monitoring and Reporting Plan, through adoption of Resolution No. 23-038; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on November 24, 2023 in accordance with City policies and Government Code Section 65090; and
WHEREAS, the Planning Commission held a public hearing on this project at its regular meeting of December 5, 2023, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project.

WHEREAS, the Planning Commission uniaimously voted to recommend that the City Council approve design review application DR 22-005; and WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the project site and published it in the Brentwood Press on January 12, 2024 in accordance with City policies and Government Code Section 65090; and

WHEREAS, on January 23, 2024 the City Council adopted IS/MND SCH#20231003390 via Resolution No. ___ and VTSM 9597 via Resolution No. _____; and
WHEREAS, the City Council held a public hearing on this project at its regular meeting of January 23, 2024, and considered, among other things, the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project.

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

A. With respect to the design review findings pursuant to Brentwood Municipal Code Section 17.820.007:
i. The proposed development shall create a well-composed urban design, harmoniously related to other facilities in the immediate area and to the total setting as seen from key vantage points in the community.

The proposal provides for a varied streetscape, interspersing three plans with four distinct elevations per plan. The Residential Design Guidelines requires the provision of three plans with four distinct elevations per plan, the proposed project is providing a total of three varied floor plans with four varied elevations, ensuring significant architectural variation within the streetscape and, thereby, meeting the intent of the Guidelines. In addition, each architectural style will have six color scheme options to provide significant color scheme variation that creates a variety of combinations.
ii. Elements of design which have significant relationship to the exterior appearance of structures and facilities shall be given special consideration; these elements include but are not limited to height, arrangement on the site, texture, lighting, material, color, signs, landscaping, size, bulk and scale, and appurtenances.

The proposed architecture is uniquely designed, allowing for increased variation of building design throughout the subdivision.

There are three home plans with each of the floor plans offering a unique configuration, intended to create differentiation and variety on the streetscape, and provide buyers with distinct choices in lifestyle and use of space. There are four distinctive elevation styles, which include Spanish, Farmhouse, Craftsman, and French Country. The exterior materials, massing, roof shape and pitches, trim shapes, colors and materials create a strong neighborhood identity and provides for architectural variation throughout the subdivision. For each architectural style will have six color scheme

options that represent the particular style, for a number of color combination schemes. The proposed design provides architectural elements and building forms including the size, bulk and scale of the homes, that reflect attention to detail and general compliance with the City’s Design Guidelines.
iii. The proposed development shall be of a quality and character appropriate to, and serving to protect the value of, private and public investments in the immediate area.

No two identical floor plans are repeated side-by-side facing the same street. The façade massing is broken up with varying elevation styles, rooflines, color schemes, and finished materials Architectural integrity is maintained in that the architectural style of each elevation type remains consistent with the traditional examples on which the style is based, and the elements evident on the front façade are carried around to the less-prominent side and rear elevations. Articulated front façades and the use of rooflines to differentiate the first and second stories help to reduce building massing. Front elevations use porches and finish materials to emphasize points of entry.

Other features identified in the design guidelines are carried through onto the proposed plans, including: maintenance of architectural integrity with window-wrapping treatment carried around to the side and rear elevations; inclusion of various roof heights and forms; and the visual emphasis of front doors from the street. Roof forms and pitch angles vary slightly, but are generally consistent throughout each architectural elevation style. Taken together, these elements reflect attention to detail and general compliance with the City’s design guidelines by creating a thoughtful and well design project that serves to protect the value of, private and public investments in the immediate area. iv. Where the proposed development is located in an area for which a specific plan, planned development, neighborhood plan or precise plan has been adopted by the city council, the design of the development shall conform in all significant respects with such plans.

The subject site is not located within an area for which a specific plan has been approved. However, it is subject to the provisions of the Single Family Residential (R-1-12) zoning district, which allows for single-family residential uses on lots as well as provides development standards including height, setbacks and parking standards. In addition, the project site is likewise within the General Plan Residential Very Low Density (R-VLD) land use designation, which provides for 1.1-3.0 dwelling units per acre.

According to the General Plan, density calculations are to be made based on a project’s gross acreage. This project would result in a density of 2.27 dwelling units per acre, within the General Plan allowable range.
v. The proposed development shall conform with all requirements for landscaping, screening, parking, usable open space and off-street loading as set forth in this title.

The Project, as designed and conditioned, incorporates all required landscape areas within private front yards, all water treatment areas will be owned and maintained by an HOA. At least two fullsize parking spaces are provided within the garage of each home plan, thus meeting the parking requirements pertaining to singlefamily developments. vi. The site development criteria set forth in Section 17.820.008.

The siting and internal arrangement of all structures and circulation, parking, lighting, access, landscape, hardscape, and utility facilities on the site are conducive to an orderly, attractive, efficient, and harmonious development insomuch as the homes are plotted to meet the allowed setbacks and are designed to provide an attractive and interesting street scene. The home plans are designed to reduce massing and introduce development on a scale that is appropriate to surrounding uses. Access to the
neighborhood is provided through public streets and required parking is provided on each residential lot within a two-car garage.

Additionally, as designed, the Project will not have an adverse environmental effect on adjacent developments, existing or potential, by reason of conflicts in land use in that the proposed development adheres to the General Plan allowable density. vii. “The City of Brentwood Design Guidelines” adopted March 24, 2001, and any other applicable specific design criteria or standards set out in this title or other city ordinance.

The project adheres to these standards at it provides veriety in unit plans by providing three distinct floor plans and 4 elvations for each of the these floor plans, 50% of corner lots within the development are single-story units, 25% of all units are single-story units, (BDG Section 2.6.1) The project further complies with the guidelines as the proposed homes maintain architectural integrity given that the four architectural styles are clearly articulated (BDG Section 2.6.2). viii. All applicable regulations of the zoning ordinance and other city ordinances, policies or resolutions.

The State of California has passed numerous housing laws to address the housing shortage and limit local government’s ability to deny housing projects that comply with the General Plan and/or zoning designation. There are several laws that apply to the project and effect the processing of the Project. The housing laws that effect and are requested to be used by the applicant and project directly limit the City’s ability to respond to issues about density, development standards, and design standards. Although there are a variety of housing laws that apply to this project, the most relevant is the State Density Bonus law (Government Code §§ 65915-65918), with which this Project, as conditioned, is consistent. The Project’s compliance with all applicable regulations of the zoning ordinance and other City ordinances, policies, or resolutions is further discussed in the findings set forth in Resolution No. 23-039 approving Vesting Tentative Subdivision Map (VTSM 9597), which findings are incorporated herein as if restated in full.

B. Hereby approves Design Review (DR22-005) subject to the conditions of approval listed in Exhibit ‘A’, attached hereto and made a part of this resolution, and all City standards applicable to this project.

C. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at 150 City Park Way in Brentwood, California. Planning Manager Erik Nolthenius is the custodian of records for the record of proceedings.

ADOPTED by the City Council of the City of Brentwood at its regular meeting of January 23, 2024, by the following vote:

AYES: None
NOES: None
ABESENT: None
RECUSE: None

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Margaret Wimberly, MMC
City Clerk

CITY COUNCIL RESOLUTION NO. 24-____

CONDITIONS OF APPROVAL FOR
DESIGN REVIEW (DR 22-005)

1. The Applicant and Permittees, including all successors in interest (collectively, “Permittee”) shall comply with each and every condition set forth in the Permit. Design Review (DR 22-005) (the “Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by the below-enumerated precedent conditions have been performed. The Permittee shall develop the site in accordance with the approved attachments and as modified by these Conditions of Approval.

2. All applicable Standard Conditions of Approval for Tentative Subdivision Maps and Design Review Applications, dated May 2005, are hereby incorporated by reference and shall be complied with by the Permittee, unless modified by any of the conditions below.

3. The residential units shall be constructed in substantial conformance with the Plans prepared by Discovery Design Group dated “June 30, 2022” unless otherwise amended by the conditions of approval contained herein.

4. The approval of Design Review (DR 22-005) is effective only after adoption of the MND prepared to analyze the Project.

5. The Permittee is responsible for ensuring that all setbacks are met at the time of plot plan submittal for building permits and throughout the construction process.

6. The Permittee shall provide staff with an updated master plotting plan depicting the proposed moderate income detached unit on either lot #23 or #25 in order to meet the Affordable Housing requirement requiring dispersal of low income units.

7. The Permittee shall provide staff with updated plans (master plotting plan, landscaping plan, etc.) reflecting all the requested Density Bonus waivers.

8. Permitted shall provide staff with a Master Plotting Plan depicting all units, except for the duet units, being in conformance with the 20’ front yard setback requirement of the R-1-12 zone.

9. The Permittee shall provide staff with an updated master plotting plan upon any changes related to setbacks, home plans, and elevation combinations. The changes shall be reviewed and approval shall be to the satisfaction of the Community Director or their assignee.

10. Building designs shall consist of one of the four approved architectural styles (Spanish, Farmhouse, Craftsman, and French Country).

11. All proposed masonry block walls and retaining walls shall be decorative split face block.

12. Pursuant to the Brentwood Residential Design Guidelines, enhanced design elements and a continuation of design elements, such as lap siding and shutters as proposed on the front elevations shall also be provided on the side and rear elevations of corner lots.

13. The same floor plan or exterior colors for dwelling units shall not be placed side by side. Flipping the orientation of the floor plan does not constitute a change in floor plan and homes directly across the street from one another should not have the same floor plan, unless they have different elevation styles.

14. All trees shall comply with the City of Brentwood’s Urban Forest Guidelines.

15. All proposed trees shall be depicted on the proposed landscape plans as being in 24-inch boxes.

16. The Permittee shall submit detailed landscape and irrigation plans of front yard typical, open space areas, fencing, and self treating retention areas for review and approval prior to issuance of a building permit to ensure compliance with the City’s Water Efficient Landscape Ordinance subject to review and approval of the Planning Department.

17. Residential wood fences shall meet the minimum requirement of the City’s Enhanced Residential Good Neighbor Fence detail (ST-22).

18. The Permittee shall be responsible for the construction of all good neighbor fences between the properties and all perimeter walls.

19. Perimeter CMU wall shall be 6 feet tall, with pilasters in 10 foot intrevals.

Pilasters shall project 12 inches from the face of the wall and will project 12 inches from the top of the wall in order to break up the wall plain.

20. Prior to building permit submittal, plans for all external lighting fixtures shall be submitted in conjunction with the photometric plan for the review and approval of the Community Development Director. All fixtures must be of a cut-off or full cut-off classification and cut-sheets allowing verification of the design must be submitted to the Planning Department.

21. All HVAC shall be ground mounted and shall not be visible from any street or pedestrian views. No roof mounted HVAC unit allowed.

22. The Permittee shall indemnify, defend with counsel of the City’s reasonable choosing, and hold harmless City and its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any third party claim, action, or proceeding against

City and/or the Indemnified Parties to attack, review, set aside, void, or annul the City’s approval of the project approved herein, including adoption of VTSM 9597, and DR 22-005, and any environmental determination made with regard thereto, save and except to the extent caused solely by the City's sole or active negligence, or willful misconduct. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The Permittee shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition. City shall promptly notify the Permittee of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense. To the extent the above indemnification is limited by Government Code Section 66474.9, any limitations shall only apply to VTSM 9597, and the remainder of this obligation shall be unaffected by said Government Code section.

23. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.720 (“Density Bonus Program”) and Government Code 65915- 65918 (the State Density Bonus law).

24. Permittee shall comply with all requirements of Brentwood Municipal Code Chapter 17.725 (“Affordable Housing”).

25. Permittee shall cause each and every mitigation measure set forth in the Mitigation Monitoring and Reporting Program for the Project to be fulfilled within the timelines set forth therein.

26. Prior to each building permit issuance, the Permittee shall comply with all applicable requirements of the Uniform Fire Code and the adopted policies of the Contra Costa County Fire Protection District (CCCFPD). The City’s Building Division shall review the building plans to ensure compliance.

27. Prior to building permit issuance, the Permittee shall provide an adequate and reliable water supply for fire protection with a minimum fire flow to the satisfaction of CCCFPD and the City of Brentwood.

28. The Permittee shall submit detailed landscape and irrigation plans of front yard typical, open space areas, and bio retentions areas for review and approval prior to issuance of a building permit to ensure compliance with the City’s Water Efficient Landscape Ordinance subject to review and approval of the Planning Department.

29. The Permittee shall comply with all conditions of approval for Vesting Tentative Subdivision Map No. 9597, and Design Review No. 22-005.

30. The Permittee shall submit architectural plans depicting both sets of duet units to be of different architectural styles.

OCt 25, 2023

3 2 1 4 19 5
6 7 8 9 10

PARCEL Z
3534
32 33 27 28 30 31 29 25 26
24 23
2221
20 18 17 16 15 14 13 12
Parcel Z shall be reserved
for park dedication if
accepted by the City. If not
accepted by the City, project
shall satisfy park dedication
requirements by payment of
fees-in-lieu in accordance
with applicable Brentwood
Municipal code.
11 36
P1

PROPOSED PLANTS

SYMBOL BOTANICAL/ COMMON NAME
TREES

DIETES VEGETA/ FORTNIGHT LILYLAVANDULA ANGUSTIFOLIA/ ENGLISH LAVENDER

CALLISTEMON 'LITTLE JOHN'/ DWARF BOTTLEBRUSH

GREVILLEA X 'NOELLII'/ NOELL GREVILLEA

XYLOSMA CONGESTUM 'COMPACTA'/ COMPACT XYLOSMA
15 GALLON CONTAINERS
1 GALLON CONTAINERS

ROSMARINUS OFFICINALIS 'TUSCAN BLUE'/ ROSEMARY

NANDINA 'GULF STREAM'/ HEAVENLY BAMBOO

LANTANA MONTEVIDENSIS/ TRAILING LANTANA
5 GALLON CONTAINERS

PISTACIA CHINENSIS/ CHINESE PISTACHE
50'
100'
0'
SCALE: 1"=50'-0"
25'

CERCIS CANADENSIS/ EASTERN REDBUD
LONE TREE WAY 7590 & 7650

CITY OF BRENTWOOD, CALIFORNIA
TOTAL
SHEET
OF
C:\Users\Michael\appdata\local\temp\AcPublish_3472\EXH_Lonetree_Way_Prelim.dwg Oct 05, 2023-09:18 am 3 OCTOBER 5, 2023 M I C HA E L S HUL A R , No . 4 8 9 8 Date Renewal Date L I C ENS ED L ANDS C A P E A RC H I T EC T Exp. 05.31.25 Signature AI RN FO OF C AL I E T AT S 306 Canyon Falls Dr. Folsom, CA 95630 www.msladesign.com LANDSCAPE ARCHITECTURE, Inc. 916.989.3372

PRUNUS 'KRAUTER VESUVIUS'/ FLOWERING PLUM

MAGNOLIA GRANDIFLORIA/ SOUTHERN MAGNOLIA

ACER RUBRUM/ RED MAPLE

LONE TREE WAY

STREET TREES

ACCENT ENTRY
TREES

FRONT YARD
TREES DRIVEWAYS, TYP.
(PERVIOUS PAVERS)
DRIVEWAYS, TYP.
(PERVIOUS PAVERS)

STREET ROW

PRELIMINARY LANDSCAPE PLAN

LAGERSTROEMIA DYNAMITE/ CRAPE MYRTLE

SYMBOL BOTANICAL/ COMMON NAMESHRUBS

MEANDERING SIDEWALK
PARCEL Z NOTES:1. STREETSCAPE, WALL, AND MONUMENT AT PARCEL Z SHOWN

ON THESE PLANS MAY NOT APPLY IF CITY ACCEPTS PARCEL Z
AS A PARK PARCEL.

2. PARCEL Z WILL BE DEDICATED TO THE CITY TO MEET THE
APPLICANT'S PARK LAND DEDICATION REQUIREMENT.

SHOULD THE CITY REJECT THIS DEDICATION, SAID PARCEL
WILL BE RETAINED BY THE APPLICANT AS A RESIDENTIAL LOT.

P2
LONE TREE WAY 7590 & 7650

CITY OF BRENTWOOD, CALIFORNIA
TOTAL
SHEET
OF
C:\Users\Michael\appdata\local\temp\AcPublish_3472\EXH_Lonetree_Way_Prelim.dwg Oct 05, 2023-09:18 am 3 OCTOBER 5, 2023 M I C HA E L S HUL A R , No . 4 8 9 8 Date Renewal Date L I C ENS ED L ANDS C A P E A RC H I T EC T Exp. 05.31.25 Signature AI RN FO OF C AL I E T AT S 306 Canyon Falls Dr. Folsom, CA 95630 www.msladesign.com LANDSCAPE ARCHITECTURE, Inc. 916.989.3372 TYPICAL FRONT YARD PLANTNGS

DIETES VEGETA/ FORTNIGHT LILYLAVANDULA ANGUSTIFOLIA/ ENGLISH LAVENDER

CALLISTEMON 'LITTLE JOHN'/ DWARF BOTTLEBRUSH

GREVILLEA X 'NOELLII'/ NOELL GREVILLEA

XYLOSMA CONGESTUM 'COMPACTA'/ COMPACT XYLOSMA

SYMBOL BOTANICAL/ COMMON NAME
SHRUBS
1 GALLON CONTAINERS

ROSMARINUS OFFICINALIS 'TUSCAN BLUE'/ ROSEMARYNANDINA 'GULF STREAM'/ HEAVENLY BAMBOOLANTANA MONTEVIDENSIS/ TRAILING LANTANA 5 GALLON CONTAINERS
YARD GATE, TYP.

TYPICAL LOT LAYOUT
NTS

SIDEWALK CONCRETE WALK PERVIOUS PAVER DRIVEWAY

TREES PER PLAN

TREES PER PLAN

MUHLENBERGIA RIGENS/ DEER GRASS
1 GALLON CONTAINERS

COREOPSIS VERTICILLATA 'MOONBEAM'/ TICKSEED SELF-RETAINING AREA

SELF RETAINING AREA
LAWN

PLANTER AREAS

SHRUB PLANTINGS

CAREX TUMULICOLA/ BERKELEY SEDGE

ECHINACEA 'PURPLE'/ CONEFLOWER

PROPOSED PLANTS

SYMBOL BOTANICAL/ COMMON NAME
TREES
15 GALLON CONTAINERS

PISTACIA CHINENSIS/ CHINESE PISTACHECERCIS CANADENSIS/ EASTERN REDBUDPRUNUS 'KRAUTER VESUVIUS'/ FLOWERING PLUM

MAGNOLIA GRANDIFLORIA/ SOUTHERN MAGNOLIA

ACER RUBRUM/ RED MAPLELAGERSTROEMIA DYNAMITE/ CRAPE MYRTLE

SYMBOL BOTANICAL/ COMMON NAME

SELF RETAINING AREAS
NOTE: SHRUB PLANTING SPECIES AND QUANTITY TO VARY BETWEEN LOTS.

YARD FENCING
HINGE,
TYP.

HOUSE
WALL
2"x4" BRACE
BOARD
(TOP AND

BOTTOM OF
GATE)
WOOD
FENCE
BOARDS
4"x6" PRESSURE

TREATED DOUG

FIR WOOD POST
(TYP.)
LATCH
2"x4" DIAGONAL

BRACE BOARD
48"

WOOD FENCE AND GATE
NTS
6'
2 3/8" SCH 20 GALV. STEEL
POSTS
8' O.C. TYP.

3 2 1 4 19 5
6 7 8 9 10

PARCEL Z
3534
32 33 27 28 30 31 29 25 26
24 23
2221
20 18 17 16 15 14 13 12
Parcel Z shall be reserved
for park dedication if
accepted by the City. If not
accepted by the City, project
shall satisfy park dedication
requirements by payment of
fees-in-lieu in accordance
with applicable Brentwood
Municipal code.
11 36

PROJECT NAME
P3
50'
100'
0'
SCALE: 1"=50'-0"
25'
LONE TREE WAY 7590 & 7650

CITY OF BRENTWOOD, CALIFORNIA
TOTAL
SHEET
OF
C:\Users\Michael\appdata\local\temp\AcPublish_3472\EXH_Lonetree_Way_Prelim.dwg Oct 05, 2023-09:18 am 3 OCTOBER 5, 2023 M I C HA E L S HUL A R , No . 4 8 9 8 Date Renewal Date L I C ENS ED L ANDS C A P E A RC H I T EC T Exp. 05.31.25 Signature AI RN FO OF C AL I E T AT S 306 Canyon Falls Dr. Folsom, CA 95630 www.msladesign.com LANDSCAPE ARCHITECTURE, Inc. 916.989.3372 LONE TREE WAY YARD FENCING, TYP.

YARD FENCING,TYP.

MASONRY SOUNDWALL

AND DECORATIVE

PILASTERS

PRELIMINARY FENCING AND WALL PLAN

MASONRY WALL SCHEMATIC (CONCEPTUAL)
NTS

CMU BLOCK PILASTER WITH
SPLIT-FACE FINISH AND PRECASTSTONE CAP.

BASALITE REGAL WALL CAP
(CONTINUOUS BETWEEN PILASTERS).

BASALITE REGAL

WALL CAP
(CONTINUOUSBETWEENPILASTERS)
8x8x16 CMU MASONRY BLOCK WITH

SPLIT-FACE FINISH

DECORATIVE CONCRETE PILASTER CAP

DECORATIVE

CONCRETE

PILASTER CAP
8x8x16 CMU

MASONRY BLOCK

WITH SPLIT-FACE
FINISH

ELEVATION

SECTION

PRECAST CONCRETE CAP RAISED

LETTERING

ENTRY MONUMENT SCHEMATIC

STONE VENEER

PILASTER

ELEVATION

ENTRY SIGN WALLS AND

DECORATIVE PILASTERS

WITH STONE VENEER
NTS

BRENTWOOD, CA NOVEMBER 6, 2023

LONE TREE WAY

MASTER PLOTTING PLAN
1 SINGLE
STORY
2 TWO
STORY
3 TWO
STORY
14 38%
COUNT

PERCENT
PLAN#
GRAND TOTAL HOMES: 36
TOTAL PERCENT: 100.0%
10 28%
10 28%

DISTRIBUTION TABLE

CITY OF BRENTWOOD
R1-12 ZONING

GENERAL STANDARDS
BUILDING SETBACKS:

FRONT 20 FEET
REAR 20 FEET
SIDE YARD 12 FEET
MIN AGGREGATE 30 FEET
CORNER SIDE 10 FEET
LOT DEPTH 150' MAX
LOT WIDTH 90 FEET
LOT SIZE 12,000 SF MIN

CATCHINGS CATCHINGS CATCHINGS
2,924 SF 3,490 SF 3,834 SF 7590 & 7650 LONE TREE WAY
4 DUETS
2,000
2 6%
*SETBACKS, N/A FOR DUETS

AFFORDABLE HOUSING (PRELIMINARY)
J = JADU (RENT), 4, LOW-INCOME
S = SF-DETACHED (RENT/SALE), 1, MODERATE
D = DUET (RENT/SALE), 1, MODERATE
D = DUET (RENT), 1, VERY-LOW
SF

Front Elevations Elevation A - Spanish Elevation B - Farmhouse Date 06/30/2022 DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Plan 1 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 129 of 401 Front Elevations Date 06/30/2022 DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Plan 1 Seecon Financial & Construction Co., Inc. 7590 & 7650 Elevation C - Craftsman Elevation D - French Country Page 130 of 401 City of Brentwood Plan 1 Site Plan

DISCOVERYDESIGN
GROUP BRENTWOOD, CA LONE TREE WAY Date 03/25/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 131 of 401 Date 03/25/2022

DISCOVERY
DESIGN
GROUP

BRENTWOOD, CA

LONE TREE WAY
Seecon Financial & Construction Co., Inc.
7590 & 7650
Plan 1
First Floor Plan

Roof Plan 'A' Right Rear Left Plan 1 Elevations - 'A' DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 133 of 401 Roof Plan 'B' Right Rear Left Plan 1 Elevations - 'B' DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 134 of 401 Roof Plan 'C' Right Rear Left Plan 1 Elevations - 'C' DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 135 of 401 Roof Plan 'D' Right Rear Left Plan 1 Elevations - 'D' DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 136 of 401 Elevation A - Spanish
Elevation B - Farmhouse

DISCOVERY
DESIGN
GROUP

BRENTWOOD, CA

LONE TREE WAY
Front Elevations
Date 06/30/2022
Plan 2
Seecon Financial & Construction Co., Inc.
7590 & 7650

Elevation C - Craftsman
Elevation D - French Country

DISCOVERY
DESIGN
GROUP

BRENTWOOD, CA

LONE TREE WAY
Front Elevations
Date 06/30/2022
Plan 2
Seecon Financial & Construction Co., Inc.
7590 & 7650

City of Brentwood

DISCOVERY
DESIGN
GROUP

BRENTWOOD, CA

LONE TREE WAY
Plan 2
Site Plan
Date 03/25/2022
Seecon Financial & Construction Co., Inc.
7590 & 7650

DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 01/27/2023 Seecon Financial & Construction Co., Inc. 7590 & 7650 Plan 2 First Floor Plan Optional ADU Page 140 of 401 DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 03/25/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Plan 2 Second Floor PlanPage 141 of 401 Roof Plan 'A' Right Rear Left Plan 2 Elevations - 'A' DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 142 of 401 Roof Plan 'B' Plan 2 Elevations - 'B' Right Rear Left DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 143 of 401 Roof Plan 'C' Plan 2 Elevations - 'C' Right Rear Left DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 144 of 401 Roof Plan 'D' Plan 2 Elevations - 'D' Right Rear Left DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 145 of 401 Elevation A - Spanish
Elevation B - Farmhouse

DISCOVERY
DESIGN
GROUP

BRENTWOOD, CA

LONE TREE WAY
Front Elevations
Date 06/30/2022
Plan 3
Seecon Financial & Construction Co., Inc.
7590 & 7650

Elevation C - Craftsman
Elevation D - French Country

DISCOVERY
DESIGN
GROUP

BRENTWOOD, CA

LONE TREE WAY
Front Elevations
Date 06/30/2022
Plan 3
Seecon Financial & Construction Co., Inc.
7590 & 7650

City of Brentwood Plan 3 Site Plan

DISCOVERYDESIGN
GROUP BRENTWOOD, CA LONE TREE WAY Date 03/25/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 148 of 401 DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 01/27/2023 Seecon Financial & Construction Co., Inc. 7590 & 7650 Plan 3 First Floor Plan Optional ADU Page 149 of 401 DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 03/25/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Plan 3 Second Floor PlanPage 150 of 401 Roof Plan 'A' Right Rear Left Plan 3 Elevations - 'A' DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 151 of 401 Roof Plan 'B' Plan 3 Elevations - 'B' Right Rear Left DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 152 of 401 Roof Plan 'C' Plan 3 Elevations - 'C' Right Rear Left DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 153 of 401 Roof Plan 'D' Plan 3 Elevations - 'D' Right Rear Left DISCOVERY DESIGN GROUP BRENTWOOD, CA LONE TREE WAY Date 06/30/2022 Seecon Financial & Construction Co., Inc. 7590 & 7650 Page 154 of 401 LONE TREE DUETS #3123-01-RS23
13 NOV 2023
2 CONCEPTUAL ELEVATIONS

PLAN B ELEVATION -

FARMHOUSE STYLE

PLAN A ELEVATION -

FARMHOUSE STYLE

LONE TREE DUETS CONCEPTUAL SITE PLAN & PLANS #3123-01-RS23 13 NOV 2023
3 1/8” = 1’-0” (12X18 SHEET)
0 2 4 8
1/4” = 1’-0” (24X36 SHEET)
0'-0” FF

GROUND FLOOR
0'-0” FF

GROUND FLOOR
10'-7” FF

SECOND FLOOR
10'-7” FF

SECOND FLOOR
19'-8” FF

SECOND FLOOR PLATE HEIGHT
19'-8” FF

SECOND FLOOR PLATE HEIGHT
9'-1” FF

FIRST FLOOR PLATE HEIGHT
9'-1” FF

FIRST FLOOR PLATE HEIGHT
27’-0”

MAX PROPOSED HEIGHT
27’-0”

MAX PROPOSED HEIGHT

PLAN A - SIDE ELEVATION

PLAN B - SIDE ELEVATION

PLAN B - REAR ELEVATION

PLAN A - REAR ELEVATION

LONE TREE DUETS CONCEPTUAL SITE PLAN & PLANS #3123-01-RS23 13 NOV 2023
1 1/16” = 1’-0” (12X18 SHEET)
0 4 8 16
1/8” = 1’-0” (24X36 SHEET)
GARAGE
20’0”X25’0”
GARAGE
20’0”X25’0”

PRIMARY
15’0”X14’6”
BEDRM. 2
10’5”X9’7”
BEDRM. 2
10’0”X11’10”
BEDRM. 1
10’0”X10’2”
BEDRM. 3
10’0”X10’5”
BEDRM. 3
11’4”X10’2”
BEDRM. 4
10’2”X10’5”
BEDRM. 4
10’0”X11’0”
BEDRM. 5
10’10”X10’0”

KITCHEN
11’7”X14’6”

KITCHEN
11’6”X13’0”
LIVING
14’0”X15’0”
PLAN A

GROUND FLOOR

PROJECT STATS
PLAN A
4 BEDROOM, 3.5 BATH
TOTAL LIVING 1,950 SQFT
2 CAR GARAGE 500 SQFT
PORCH 60 SQFT
GROUND FLOOR 990 SQFT
SECOND FLOOR 960 SQFT
PLAN B
5 BEDROOM, 5.5 BATH
TOTAL LIVING 2,165 SQFT
2 CAR GARAGE 500 SQFT
PORCH 60 SQFT
GROUND FLOOR 1,315 SQFT
SECOND FLOOR 750 SQFT
PLAN A

SECOND FLOOR
PLAN B

GROUND FLOOR
PLAN B

SECOND FLOOR
LIVING
15’4”X12’10”
DINING
9’0”X14’0”
DINING
9’0”X13’0”

KITCHENETTE

KITCHENETTE
DN
15R.

DN
15R.

WIC
TECH
LIN.

UP
15R.

UP
15R.

PATIO/YARD
PORCH
ENTRY
ENTRY
PORCH
BATH
BATH
PD.

BATH
P.BATH
LAU.

TRASH/

STORAGE
TRASH/

STORAGE

DRIVEWAY

DRIVEWAY

PLAN A YARD

PLAN B YARD

ROOF BELOW ROOF BELOW KITCHENETTE

KITCHENETTE

KITCHENETTE

BRENTWOOD, CA DECEMBER 11, 2023

LONE TREE WAY
1 SINGLE
STORY
2 TWO
STORY
3 TWO
STORY
14 38%
COUNT

PERCENT
PLAN#
GRAND TOTAL HOMES: 37
TOTAL PERCENT: 100.0%
10 27%
9 24%

DISTRIBUTION TABLE

CITY OF BRENTWOOD
R1-12 ZONING

GENERAL STANDARDS
BUILDING SETBACKS:

FRONT 20 FEET
REAR 20 FEET
SIDE YARD 12 FEET
MIN AGGREGATE 30 FEET
CORNER SIDE 10 FEET
LOT DEPTH 150' MAX
LOT WIDTH 90 FEET
LOT SIZE 12,000 SF MIN

CATCHINGS CATCHINGS CATCHINGS
2,924 SF 3,490 SF 3,834 SF 7590 & 7650 LONE TREE WAY
4 DUETS
2,000
4 11%
*SETBACKS, N/A FOR DUETS

AFFORDABLE HOUSING (PRELIMINARY)
J = JADU (RENT), 4 LOW-INCOME
D = DUET (RENT/SALE) SF
1 MODERATE, 1 LOW
2 VERY-LOW

From: Contreras, Miguel
To: "Leeanne Alfaro"
Subject: RE: 7590 & 7650 Lone Tree Way
Date: Wednesday, December 6, 2023 2:47:00 PM
Leeanne,
Thank you for your response, I will retain your comments below and have them be part of the submitted comments for Council I'm also glad to hear that you plan on attending the CC meeting on this item. Right now, tentatively, it is looking like it will be reviewed by council during their Jan 23, 2024, meeting. But you are welcome to check back with me during the 1st week of Jan to confirm. Also, you should receive a letter in the mail 10 days prior to the hearing.

MC
-----Original Message-----
From: Leeanne Alfaro <[email protected]>
Sent: Wednesday, December 6, 2023 2:27 PM
To: Contreras, Miguel <[email protected]>
Subject: Re: 7590 & 7650 Lone Tree Way
CAUTION – EXTERNAL SENDER
Miguel,
Thanks for your timely response.

My biggest comments/concerns are:

1. The two story houses bordering our property (there are two of them).

2. And including a masonry wall along the perimeter of the project for privacy. We would like to see a 10 foot masonry wall installed along the entirety of the project (or at least along our property line).

I think that most of the neighbors would agree that the project is welcome, but feels like we are loosing a lot of privacy without a wall being in place and with over 60% of the homes being two stories.

Please let me know if there is anything else that I need to do to make my voice heard. I plan to attend the city council meeting as well. Is there a scheduled date for that yet? Thank you,
Leeanne Alfaro
(925)783-0976
> On Dec 6, 2023, at 1:09 PM, Contreras, Miguel <[email protected]> wrote:
>
> Leeanne,
>
> Thank you for reaching out and thank you for your participation last night at the meeting. To answer your question, yes this project will be going to City Council for final approval. You are welcome to submit comments/concerns to me before the meeting, you are also welcome to participate during the meeting (in person or zoom). Let me know if you have further questions.

>
> Miguel
>
> -----Original Message-----
> From: Leeanne Alfaro <[email protected]>
> Sent: Tuesday, December 5, 2023 10:52 PM
> To: Contreras, Miguel <[email protected]>
> Subject: 7590 & 7650 Lone Tree Way
>
> CAUTION – EXTERNAL SENDER
>
>
> Hi Miguel,
>
>
> My name is Leeanne Alfaro. My husband and I own the property to the East of this project. >
> I attended the meeting tonight, and I am disappointed with the comission's decision not to do a masonry wall along the entirety of the perimeter of this project. I think other neighbors will feel the same. >
> Will city council also be reviewing this project?
>
>
> Thank you!
>
> Leeanne Alfaro
>

Quality Code Data 4/22/2021, Page 1311
Chapter 17.725

AFFORDABLE HOUSING
Sections:

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 moderateincome;

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

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. (Ord. 1014 § 1, 2020)

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

Quality Code Data 4/22/2021, Page 1312
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 total number of market-rate units in the residential development. The divided in-lieu 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 does not exceed the qualifying limits set for “lower income households” in Section 50079.5 of the California Health and Safety Code. “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 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

Quality Code Data 4/22/2021, Page 1313
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. 1014 § 1, 2020)

17.725.002

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 six 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. Commencing on January 1, 2021, the required percentage of affordable units shall be increased to ten percent of the total number of dwelling units for any residential development of five or more lots, unless the application was determined to be complete by December 31, 2020 under Government Code Section 65589.5(o). 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 Nine Dwelling Units. Developers of residential developments consisting of five to nine dwelling units may either construct one low-income affordable unit, pay a fee equal to fifty percent of the low-income in-lieu fee, as established by resolution of the city council, or provide an “alternative equivalent” as established in this chapter. However, if all or any portion of a residential development of five to nine dwelling units is later re-subdivided into ten 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 Ten or More Dwelling Units. In applying this requirement to residential development consisting of ten 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 self-sufficient and nonself-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;

Quality Code Data 4/22/2021, Page 1314

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.

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:

Allocation through December 31, 2020 (six percent affordability requirement):

Ownership Development
Moderate-Income Households 1%
Low-Income Households 4%
Very Low-Income Households 1%
Rental Development
Low-Income Households 3%
Very Low-Income Households 3%
Allocation applicable commencing January 1, 2021 (ten percent affordability requirement):

Ownership Development
Moderate-Income Households 3%
Low-Income Households 4%
Very Low-income Households 3%
Rental Development
Low-Income Households 5%
Very Low-Income Households 5%
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

Quality Code Data 4/22/2021, Page 1315
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 offsite location has been granted.

1. Very Low- to Medium-Density Zoning. For residential developments with very low- to mediumdensity 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 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)

17.725.003

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.

Quality Code Data 4/22/2021, Page 1316
A. Approval of Payment of In-Lieu Fees. In-lieu fees may be paid for: (1) residential developments consisting of between five and nine dwelling units; or (2) the very low-income requirement for a residential development consisting of ten or more 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 in 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 inlieu 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.

Quality Code Data 4/22/2021, Page 1317

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 unless, prior to the last discretionary approval for the development, the applicant requests a waiver under Section

17.725.011, and the city council approves the in-lieu fee based on specific findings demonstrating that the city’s goals of increasing affordable housing production are equally met through use of applicant’s proposed alterative.

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 moderateincome 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 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 ForSale 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

Quality Code Data 4/22/2021, Page 1318
off-site affordable units be governed by resale controls and/or rent restrictions similar to those required for on-site 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.

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. Market-rate 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). Any units dedicated to the city’s rental housing program shall be from the rental stream 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:

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.

Quality Code Data 4/22/2021, Page 1319

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)

17.725.004

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, 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 ownPage 175 of 401 Quality Code Data 4/22/2021, Page 1320
ership 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 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)

17.725.005

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.

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