Brentwood City Council
February 27, 2024

FEBRUARY 27, 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

February 27, 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. REPORT ON CLOSED SESSION
D. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.

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

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

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

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

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

F.1 Minutes of the City Council/Successor Agency meeting of February 13, 2024 F.2 Proclamation Proclaiming March as Women's History Month F.3 Proclamation Proclaiming March as Red Cross Awareness Month F.4 Meals on Wheels Diablo Region operation of the senior nutrition program at the Brentwood Senior Activity Center.

Title/Recommendation
Staff recommends the City Council Adopt a Resolution:

Approving a Memorandum of Understanding (“MOU”) with Meals on Wheels Diablo Region (“MOWDR”) for the senior nutrition program at the Brentwood Senior Activity Center;

1. Approving a fee waiver for MOWDR’s use of City facilities for FY 2024/25 and FY 2025/26.

2. Amending the Use of City Funds Policy 10-12 to replace “Contra Costa County Senior Nutrition Program” with “Meals on Wheels Diablo Region” as shown in the attached policy.

3. Approving the replacement of Contra Costa County Senior Nutrition Program with Meals on Wheels Diablo Region to receive the FY 2023/24 payment in the amount of $26,000.

4. F.5 Annexation #15 to Community Facilities District No. 5 Title/Recommendation
Staff recommends the City Council Adopt a Resolution approving Annexation #15 Boundary Map for City of Brentwood (“City”) Community Facilities District (“CFD”) No. 5.

Staff also recommends the City Council Adopt a Resolution declaring the intent to annex territory to Community Facilities District No. 5, levy a special tax in such territory and set a date of April 9, 2024, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the Public Hearing.

F.6 Informational Report on Final Map of Subdivision No. 9535, Orchard Grove, developed by Shea Homes, LP, and associated Subdivision Improvement Agreement Title/Recommendation
Receive and file an informational report on Final Map approval by the City Manager of Subdivision No. 9535, Orchard Grove, developed by Shea Homes, LP, located east of Adams Lane, directly north of the intersection of Lone Oak Road and Gracie Lane (APN 016-040-005), and associated Subdivision Improvement Agreement.

F.7 2024 Park and Recreation Commission Commissioner Recommendations Title/Recommendation
Consider the recommendation of Blythe Lind and John Tomei to the Park and Recreation Commission by Mayor Bryant for three-year term expiring on December 31, 2026, and Michelle Gallardo for a two-year term expiring on December 31, 2025.

F.8 2024 Arts Commission, Commissioner Recommendations
Title/Recommendation
Consider the recommendation of Nina Koch and Bryan Stewart to the Arts Commission by Mayor Bryant for a three-year term expiring on December 31, 2026.

F.9 Award of contract to Unlimited Environmental, Inc. for the Brentwood Boulevard Widening North – Phase I (Building Demolition)
Title/Recommendation
Staff recommends that the City Council adopt a Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a contract and necessary documents for the Brentwood Boulevard Widening North – Phase I (Building Demolition), CIP Project No. 336-31620, (“Project”) with Unlimited Environmental, Inc. (“UEI”) as the lowest responsible and responsive bidder in the amount of $55,405, plus funding authorization for a 20% contingency of $11,081, for a total funding authorization not to exceed amount of $66,486.

F.10 An amendment to Title 17 (Zoning) of the Brentwood Municipal Code regarding oil and gas regulations
Title/Recommendation
Waive the second reading and adopt Ordinance No. 1067 removing oil and gas development as conditionally permitted uses in Planned Development District No. 17 and Planned Development District No. 55, requiring oil and gas development uses to be expressly listed as permitted or conditionally permitted uses in a district to be permitted or eligible for conditional use permits, amending oil and gas production regulations, and finding the action exempt from CEQA (RZ 23-003).

Adoption of the ordinance is a discretionary action by the City Council and; therefore, subject to consideration under the California Environmental Quality Act (CEQA). The ordinance has been assessed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines, and the environmental regulations of the City. Pursuant to CEQA and the CEQA Guidelines, it has been determined that the ordinance is exempt from CEQA, including without limitation, requirements for CEQA review, pursuant to the following exemptions: the “common sense” exemption under CEQA Guidelines Section 15061(b)(3) and the categorical exemption under CEQA Guidelines Section 15308 for Class 8 – Actions by Regulatory Agencies for the Protection of the Environment.

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

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

Title/Recommendation
The Planning Commission recommends that the City Council approve the project by adopting three separate resolutions: one adopting a Mitigated Negative Declaration for the project (SCH#20231003390); one approving a Vesting Tentative Subdivision Map (VTSM 9597) for the subdivision of a 16.32-acre parcel into 37 single-family residential lots; and one approving a Design Review application (DR 22-005), subject to certain findings and conditions.

The Planning Commission’s recommendation includes 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 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/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, just east of O’Hara Avenue (APN 018-060-006 and - 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. As noted below, the applicant subsequently suggested further modifications to the project for the City Council’s consideration.

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.

G.2 Brentwood Municipal Code Amendments to repeal and replace Local Density Bonus Regulations and Reference State Density Bonus Law, as well as modify the definition of Low-income household.

Title/Recommendation
Staff recommends that the City Council waive the first reading and introduce an ordinance approving an amendment (Rezone No. 23-005) to the Brentwood Municipal Code by repealing and replacing Chapter 17.720 (Density Bonus Program) to implement State Density Bonus Law and adopt Government Code Sections 65915–65918 by reference, as well as modifying Section 17.725.002 (Definitions) of the City’s Affordable Housing Ordinance to modify the definition of Low-income household.

These text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

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

H.1 Two ordinances to regulate non-motorized sidewalk vending and mobile vending from motorized vehicles on public and private property, and direction to staff regarding new regulations in the Zoning Ordinance for longer-term mobile vending facilities.

Title/Recommendation
Introduce, read by title only, and waive further reading of:
1) An Ordinance of the City Council of the City of Brentwood, Amending the Definition of “Peddler” in Section 5.48.020 and Adding Chapter 5.64 to the Brentwood Municipal Code; Imposing Regulations on Sidewalk Vending in Compliance With Senate Bill 946; Amending Section 7.02.210 Regarding Vendors in Parks; and Determining the Ordinance to be Exempt from CEQA.
2) An Ordinance of the City Council of the City of Brentwood Repealing and Replacing Chapter 5.68 of the Brentwood Municipal Code Regarding Mobile Vending and Declaring the Ordinance to be Exempt from CEQA.

The two Ordinances are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as they are not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, the Ordinances are exempt from CEQA as there is no possibility that either Ordinance or their implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3).

In addition, the City Council is asked to provide direction to staff regarding whether to create new regulations in the Zoning Ordinance (Title 17) for longer-term mobile vending facilities as part of the focused Zoning Ordinance update already underway.

I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 Consider a Request from Council Member Mendoza for changes to the calendar on the City’s website.

Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza from the February 13, 2024, Council Meeting to consider changes to the City’s website to reduce the two calendars to one.

J.2 Consider a request from Council Member Mendoza for City Council access to the Human Resource files of the City Council’s direct reports.

Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza from February 13, 2024, Council Meeting to consider the request related to Council Members having access to the Human Resource files of the Council’s two direct reports.

K. 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 February 22, 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
February 13, 2024, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:00pm
Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.

B. PLEDGE OF ALLEGIANCE
Girl Scout Troop 31929 led the Pledge of Allegiance.

C. PUBLIC COMMENTS
Mayor Bryant opened Public Comments.

Lill Pierce spoke on behalf of the Brentwood Regional Community Chest and thanked the Council for their continued support.

Denise Duran provided comments in support and appreciation of the City Manager's Town Hall meetings.

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

D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Mendoza reported on attendance at a meeting with Michael Storper, UCLA Professor of Urban Planning, Cal Cities Mayors and Council Members Academy, spoke to students at Liberty, attendance at Downtown Brentwood Coalition meeting, tour of City Hall with Village Community Resource Center students, presentation at Telegraph Hill Dwellers in San Francisco on Our Neighborhood Voices initiative, Lions Club of Brentwood Crab Feed, Odessey of the Mind student event at Edna Hill, and the School Interagency Meeting.

Council Member Pierson reported on attendance at the School Interagency Meeting, Race and Equity Committee meeting, wrote an article about diversity and Black History month for The Press, and attendance at the Police Activities League (PAL) BBQ Cook Off and Fundraiser event.

Council Member Oerlemans reported on attendance at PAL board meetings, Farmers Market, Finance and Budget Committee meeting, Tri Delta Transit board meeting, the Police Activities League (PAL) BBQ Cook Off and Fundraiser event, and the Brentwood Police Department community meeting.

2 Vice Mayor Meyer reported on attendance at the Cal Cities Mayors and Council Members Academy, tour of City Hall with Village Community Resource Center students, Race and Equity Committee meeting, Downtown Brentwood Coalition Besties Bash, Cal Cities Leader group to discuss upcoming leader summit, interviewed by Christ who is a boy scout out working toward earn his Eagle ranking, attendance at Odessey of the Mind student event at Edna Hill, and received an invitation from the White House to attend Vice President Kamala Harris' second stop of her National Reproductive Freedoms tour.

Mayor Bryant reported on attendance at Tri Delta Transit board meeting, Police Activities League (PAL) BBQ Cook Off and Fundraiser event, East Contra Costa Regional Fee and Finance Authority (ECCRFFA) meeting, Mayors' Conference, State Route 4 meeting, Transplan meeting, and 2024 Commissions Interview Committe with Council Member Mendoza to interview candidates for the Arts Commission and the Park and Recreation Commission.

Assistant City Manager Darin Gale provided an update regarding the Mokelumne Trail Overcrossing ribbon cutting scheduled for March 20th, 2024, at 10:00 am.

E. CONSENT CALENDAR
Mayor Bryant pulled item E.6 from the Consent Calendar.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
Adopted the Consent Calendar as recommended by staff, excluding item E.6 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
E.1 Minutes of the City Council/Successor Agency meeting of January 23, 2024
E.2 Notice of Completion for work performed by GameTime for the Veterans Park Cable Climber Replacement Project, Capital Improvement Project (CIP) Project No. 352-52449
Adopted Resolution 2024-11 accepting the work performed by GameTime for the Veterans Park Cable Climber Replacement Project, CIP Project No. 352-52449 (the “Project”) and requests that the City Clerk file a Notice of Completion with the County Recorder.

3 E.3 Notice of Completion for B and D Excavation and Construction for the Sound Wall, and request that the City Clerk file the Notice of Completion with the County Recorder.

Adopted Resolution 2024-12 accepting the work performed by B and D Excavation and Construction (“Contractor”) for the Sound Wall, CIP Project No. 337-37263 (“Project”); and requesting the City Clerk file a Notice of Completion with the County Recorder.

E.4 Appoint Board Member and Alternate Board Member to the Municipal Pooling Authority Board of Directors
Adopted Resolution 2024-13 appointing Sukari Beshears, Director of Human Resources/Risk Manager, as the primary Board Member and Kerry Breen, City Treasurer/Director of Finance and Information Systems, as the alternate Board Member on the Municipal Pooling Authority (MPA) Board of Directors and repeal in its entirety Resolution 2017-16.

E.5 Purchase one Vac-Con Hydro Excavator truck, and authorize the City Manager or designee to execute any necessary associated documents in an amount not to exceed $662,500.

Adopted Resolution 2024-14 approving the purchase of one Vac-Con Hydro Excavator truck from Municipal Maintenance Equipment, Inc., in Sacramento, CA; and authorizing the City Manager or designee to execute any necessary associated documents in an amount not to exceed $662,500.

E.6 Memorandum of Understanding between the City and Harvest Time for the Use of Agricultural Mitigation Fees to implement a Three-Year Staffing and Marketing Program and amendment to the 2023/24 Operating Budget
Senior Analyst Abraham Salinas presented the item.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
Adopted Resolution 2024-15 approving a Memorandum of
Understanding (MOU) between the City and Harvest Time for the Use of Agricultural Mitigation Fees to implement a Three-Year Staffing and Marketing Program; and amend the 2023/24 Operating Budget, as amended by staff.

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

4 F. PUBLIC HEARINGS
F.1 An application for a General Plan amendment (GPA 24-001) to repeal the March 2023 Housing Element and adopt the City’s Housing Element Update for the period of 2023-2031 (6th Cycle), in compliance with State housing element law.

Senior Planner Jennifer Hagen presented the item.

Mayor Bryant opened the public hearing.

Kenneth Jones provided comments and questions on the item.

Danny Dohrmann spoke in opposition of the item.

Rod Flohr spoke in opposition of the item.

There being no one else wishing to speak it was moved/seconded by Mendoza/Meyer to close the Public Hearing and closed unanimously.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2024-16 adopting the City’s November 2023 Submittal to the California Department of Housing and Community Development (HCD) for the period of 2023-2031 (6th Cycle), in compliance with State housing element law.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.2 An amendment to Title 17 (Zoning) of the Brentwood Municipal Code regarding oil and gas regulations
Planning Manager, Erik Nolthenius presented the item.

Mayor Bryant opened the public hearing.

Alvaro Ramos, David Gassman, and Jean Tepperman submitted emails in support of the item.

Carolina Villaseca spoke in support on the item.

There being no one else wishing to speak it was moved/seconded by Mendoza/Meyer to close the Public Hearing and closed unanimously.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Introduced and waived first reading of Ordinance 1067 removing oil and gas development as conditionally permitted uses in Planned Development District No. 17 and Planned Development District No. 55,

5 requiring oil and gas development uses to be expressly listed as permitted or conditionally permitted uses in a district to be permitted or eligible for conditional use permits, amending oil and gas production regulations, and finding the action exempt from CEQA (RZ 23-003).

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. BUSINESS ITEMS
G.1 2024 Juneteenth Event Discussion and possible direction to staff Recreation Manager Thien Nguyen presented the item.

Mayor Bryant opened the public comment period.

Velma Wilson spoke on behalf of 4EverMe.

Danny Dohrmann provided comments on the item.

Rod Flohr provided comments in support of a Juneteenth event.

Ian Cohen provided comments in support of a Juneteenth event.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
The City Council, by motion, provided the following direction:
 Hold Juneteenth event in Brentwood on 6/19
 Appoint Councilmember Pierson as liaison to work with Park & Rec staff on the 2024 event, with no need to return to full Council for approval
 Cancel 6/21 Concert in the Park
o Repurpose 6/21 Concert in the Park event $$ for Juneteenth event
 City to contribute $30,000 to event
o See if 4EverMe wants to either (a) partner with City or (b) accept consultant fee (or other type of compensation) for 2024 event
o Have conversation regarding raising City budget next year

6  Recognize Juneteenth as an annual event to be hosted by the City of Brentwood and have conversation regarding scope of future Juneteenth events
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G.2 Consider scheduling parameters for regular and special City Council meetings
The City Council recessed at 10:10 p.m. and reconvened at 10:20 p.m.

City Manager Tim Ogden presented the item.

Mayor Bryant opened the public comment period.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
Directed staff to maintain the current meeting times for regular meetings, with special meetings to begin at 5:30 p.m., and that workshops be held on months with fifth Tuesdays at 6:00 p.m.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Member Mendoza requested:

Human Resource files related to the City Council's direct reports.

Changes to the calendar on the City's website.

I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a Request from Vice Mayor Meyer to reconsider the public comment period on City agendas and potential updates to City Council/Administrative Policy 110-1.

Vice Mayor Meyer presented her item.

Mayor Bryant opened the public comment period.

7 Antonio Xavier spoke in favor of allowing general public comments remotely.

Rod Flohr spoke in favor of allowing general public comments remotely.

Carolina Villaseca in favor of allowing general public comments remotely.

Ian Cohen spoke in favor of allowing general public comments remotely.

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

Vice Mayor Meyer withdrew her request.

J. ADJOURNMENT
It was moved/seconded by Council Member Pierson/Vice Mayor Meyer to adjourn at 11:38 p.m.

CITY COUNCIL AGENDA ITEM NO. F.4
02/27/2024
SUBJECT: Meals on Wheels Diablo Region operation of the senior nutrition program at the Brentwood Senior Activity Center.

DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Thien Nguyen, Recreation Manager
Tammy Homan, Management Analyst

TITLE/RECOMMENDATION
Adopt a Resolution:

1. Approving a Memorandum of Understanding (“MOU”) with Meals on Wheels Diablo Region (“MOWDR”) for the senior nutrition program at the Brentwood Senior Activity Center;

2. Approving a fee waiver for MOWDR’s use of City facilities for FY 2024/25 and FY 2025/26.

3. Amending the Use of City Funds Policy 10-12 to replace “Contra Costa County Senior Nutrition Program” with “Meals on Wheels Diablo Region” as shown in the attached policy.

4. Approving the replacement of Contra Costa County Senior Nutrition Program with Meals on Wheels Diablo Region to receive the FY 2023/24 payment in the amount of $26,000.

FISCAL IMPACT
MOWDR is requesting a fee waiver for the use of City facilities in the amount of $62,646 for FY 2024/25 and $62,550 for FY 2025/26. If Council approves the fee waiver for the use of City facilities, the amounts will not have an impact on the 2024/25 – 2025/26 Operating Budget. Staff will include a request for the City to donate $26,000 for staffing services for both FY 2024/25 and FY 2025/26 in the draft 2024/25 – 2025/26 Operating Budget, which will be presented to the City Council for consideration and direction at the Operating Budget workshop in May 2024. The City currently provides a fee waiver and $26,000 in annual funding for this program, so these would not be new costs or programs.

BACKGROUND

CITY COUNCIL AGENDA ITEM NO. F.4
02/27/2024
MOWDR serves over 7,000 seniors each year throughout Contra Costa County (“County”) by providing free meals and supportive services that empower older adults to live independently for as long as possible. Services and offerings include free lunches, breakfasts, and groceries. In addition to nutrition support, MOWDR also provides fall prevention, case management, outreach, exercise and nutrition classes, friendly visitors, callers, and helpers to older adults, supporting their health and independence.

MOWDR currently operates several senior nutrition programs located in cities and special districts within the east, central and west areas of the County, including Brentwood. Each city and special district provides a facility in their location to provide these services, at no charge to MOWDR.

MOWDR operates the café at the Brentwood Senior Activity Center (“Senior Center”) five days a week where, on average, 30 older adults per day enjoy a free, nutritious meal and engage in social activities promoting independence and connection with community. In Brentwood, MOWDR also delivers free, nutritious meals to approximately 281 homebound seniors per day who are isolated and do not have anyone to cook for them.

The County, through its Health Services Department, has provided the senior nutrition program for the City of Brentwood since 2002. The program in Brentwood includes a congregate meal program (“Café Costa”) and a Meals on Wheels program.

The County provides a Senior Nutrition Coordinator who works at the Senior Center, and an Assistant Coordinator who provides support to the Senior Nutrition Coordinator, as needed.

In September 2022, MOWDR assumed responsibility of Café Costa at the Senior Center through a contract between MOWDR and the County. Because MOWDR is operating Café Costa, it is in the best interest of both MOWDR and the City to enter into an MOU that outlines the responsibilities of MOWDR and the City (attached).

Council/Administrative Policy 10-12 provides that organizations requesting the use of City funds must make such requests through the fee waiver and/or fee reduction/donation process. The County previously requested fee waivers for use of the meeting room and kitchen in the Senior Center for FY 2022/23 in the amount of $64,166 and $63,920 for FY 2023/24. As the application met the fee waiver and/or fee reduction requirements, it was approved by Resolution 2022-62. Now that MOWDR is providing the senior nutrition program services, MOWDR is submitting a fee waiver request for the use of City facilities for FY 2024/25 in the amount of $62,646 and FY 2025/26 in the amount of $62,550. Upon review of the application, staff has determined that MOWDR’s request meets the fee waiver and/or fee reduction policy requirements.

In addition to approval of an MOU with MOWDR, and approval of the fee waiver application for FY 2024/25 and FY 2025/26, staff is requesting that City Council

CITY COUNCIL AGENDA ITEM NO. F.4
02/27/2024
amend the Use of City Funds Policy 10-12 to replace “Contra Costa County Senior Nutrition Program” with “Meals on Wheels Diablo Region” (attached). As has been current practice with the County, this will allow for any contributions from the City to pay for office or administrative overhead/staff salaries related to the operation of the senior nutrition program.

On May 10, 2022, at the FY 2022/23 – 2023/24 Operating Budget Workshop, requests necessary to maintain established service levels were incorporated into the draft Operating Budget, while requests for additional funding were highlighted for consideration and discussion. This included a funding request for the contributions of $26,000 for FY 2022/23 and $26,000 for FY 2023/24 for the senior nutrition program. In June 2022, City Council adopted the 2022/23 Operating Budget, which included the payments of $26,000 for FY 2022/23 and $26,000 for FY 2023/24 to the County. Since MOWDR has taken over providing these services, staff is requesting City Council approve the replacement of “Contra Costa County Senior Nutrition Program” with “Meals on Wheels Diablo Region” as payee for the FY 2023/24 payment in the amount of $26,000.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
City Council may choose an alternative action related to this item such as not approving the MOU, fee waiver, or the change of City Use of Fund policy. This option is not recommended by staff because it will impact the existing Senior Nutrition Program already in place at the Brentwood Senior Activity Center and the seniors who are enrolled in this program. There are limited senior nutrition programs

CITY COUNCIL AGENDA ITEM NO. F.4
02/27/2024
available in the area, and City staff would be unable to duplicate or replace the existing services provided.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Memorandum of Understanding

4. Council/Administrative Policy 10-12 Use of City Funds

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

On May 8, 2018, City Council adopted Resolution 2018-44 approving the renewal of a two-year grant request from Contra Costa County for $20,000 per year for two years and approval of a fee waiver in the amount of $56,231.50 for fiscal year 2018/19 and $57,278.00 for fiscal year 2019/20 for use of City facilities for the operation of the Country Senior Nutrition Program (Café Costa).

On March 24, 2020, City Council adopted Resolution 2020-41 approving the renewal of a two-year grant request from Contra Costa County for $20,000 per year for two years and approval of a fee waiver in the amount of $63,512 for fiscal year 2020/21 and $62,894 for fiscal year 2021/22 for the use of City facilities for the operation of the Country Senior Nutrition Program (Café Costa).

On June 6, 2020, City Council adopted Resolution 2020-64 approving a $6,000 increase to the approved two-year grant request for Contra Costa County for a total of $26,000 per year for two years (FY 2020/21 and FY 2021/22) for the operation of the County Senior Nutrition Program (Café Costa).

On May 26, 2022, City Council adopted Resolution 2022-62 approving the fee waiver request from Contra Costa County for use of City facilities in the amount of $64,166.00 for fiscal year 2022/23 and $63,920.00 for fiscal year 2023/24 for inkind services for the operation of the County Senior Nutrition Program (Café Costa) at the Brentwood Senior Activity Center.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD 1) APPROVING A MEMORANDUM OF

UNDERSTANDING WITH MEALS ON WHEELS DIABLO REGION
(“MOWDR”) FOR THE SENIOR NUTRITION PROGRAM AT THE
BRENTWOOD SENIOR ACTIVITY CENTER, 2) APPROVING A FEE
WAIVER FOR MOWDR’S USE OF CITY FACILITIES FOR FY
2024/25 AND 2025/26, 3) AMENDING THE USE OF CITY FUNDS
POLICY 10-12 TO REPLACE “CONTRA COSTA COUNTY SENIOR
NUTRITION PROGRAM” WITH “MEALS ON WHEELS DIABLO
REGION”, AND 4) APPROVING THE REPLACEMENT OF “CONTRA
COSTA COUNTY SENIOR NUTRITION PROGRAM” WITH “MEALS
ON WHEELS DIABLO REGION” AS PAYEE FOR THE FY 2023/24
PAYMENT IN THE AMOUNT OF $26,000.

WHEREAS, Contra Costa County’s Health Services Department (“County”) has been providing the senior nutrition program for the City of Brentwood since 2002; and
WHEREAS, on May 8, 2018, City Council adopted Resolution 2018-44 approving the renewal of a two-year grant request from the County for $20,000 per year for two years and approval of a fee waiver in the amount of $56,231.50 for fiscal year 2018/19 and $57,278.00 for fiscal year 2019/20 for use of City facilities for the operation of the senior nutrition program (“Café Costa”); and WHEREAS, on March 24, 2020, City Council adopted Resolution 2020-41 approving the renewal of a two-year grant request from the County for $20,000 per year for two years and approval of a fee waiver in the amount of $63,512 for fiscal year 2020/21 and $62,894 for fiscal year 2021/22 for the use of City facilities for the operation of Café Costa; and
WHEREAS, on June 6, 2020, City Council adopted Resolution 2020-64 approving a $6,000 increase to the approved two-year grant request from the County for a total of $26,000 per year for two years (FY 2020/21 and FY 2021/22) for the operation of Café Costa; and
WHEREAS, on May 26, 2022, City Council adopted Resolution 2022-62 approving the fee waiver request from the County for use of City facilities in the amount of $64,166.00 for fiscal year 2022/23 and $63,920.00 for fiscal year 2023/24 for in-kind services for the operation of Café Costa at the Brentwood Senior Activity Center; and
WHEREAS, on June 28, 2022, by Resolution 2022-86, City Council amended the 2021/22 Operating Budget and adopted the 2022/23 – 2023/24 Operating Budget; and

WHEREAS, on August 9, 2022, by Resolution 2022-101, City Council approved the Policy and Procedures for Requests for Use of City Funds; and WHEREAS, through a contract with the County, in September 2022, MOWDR assumed responsibility for Café Costa; and
WHEREAS, MOWDR operates Café Costa at the Brentwood Senior Activity Center (“Senior Center”) five days a week where currently, on average, 30 older adults per day enjoy a free, nutritious meal and engage in social activities promoting independence and connection with community; and
WHEREAS, Council/Administrative Policy 10-12 provides that organizations requesting to use City funds must make such requests through the fee waiver and/or fee reduction/donation process; and
WHEREAS, MOWDR had submitted a fee waiver request for the use of City facilities for FY 2024/25 in the amount of $62,646 and FY 2025/26 in the amount of $62,550 and upon review of the application, staff has determined that MOWDR’s request meets the fee waiver and/or fee reduction policy requirements; and WHEREAS, staff has requested that City Council amend the Use of City Funds Policy 10-12 to replace “Contra Costa County Senior Nutrition Program” with “Meals on Wheels Diablo Region” to allow for any contributions from the City to pay for office or administrative overhead/staff salaries related to the operation of the senior nutrition program; and
WHEREAS, staff has requested approval to replace “Contra Costa County Senior Nutrition Program” with “Meals on Wheels Diablo Region” as payee for the FY 2023/24 payment in the amount of $26,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby 1) approves a memorandum of understanding with Meals on Wheels Diablo Region for the senior nutrition program at the Brentwood Senior Activity Center, 2) approves a fee waiver for MOWDR’s use of city facilities for FY 2024/25 in the amount of $62,646 and for FY 2025/26 in the amount of $62,550, 3) amends the Use of City Funds Policy 10-12 to replace “Contra Costa County Senior Nutrition Program” with “Meals on Wheels Diablo Region” to allow for any donations from the City to pay for office or administrative overhead/staff salaries related to the operation of the senior nutrition program, and 4) approves replacement of “Contra Costa County Senior Nutrition Program” with “Meals on Wheels Diablo Region” as payee for the FY 2023/24 payment in the amount of $26,000.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on February 27, 2024, by the following vote:

1 MEMORANDUM OF UNDERSTANDING FOR CONGREGATE MEAL SERVICES

MEALS ON WHEELS DIABLO REGION
This MEMORANDUM OF UNDERSTANDING is entered this ____ day of _____________ 2024, and effective on September 1, 2022 (“Effective Date”), by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Meals On Wheels Diablo Region (“MOWDR”), a non-profit corporation in the State of California (each a Party, and collectively, the “Parties”).

RECITALS
A. Contra Costa County (“County”) has been providing senior nutrition congregate meal services (“Meal Services”) for the City since at least 2002, and the City has provided annual fee waivers and donations to offset the County’s costs to provide these services to Brentwood senior citizens (“Seniors”); and
B. MOWDR and the County entered into an agreement for MOWDR to provide Title III C Senior Nutrition Services throughout the County (the “Agreement”), including at the Brentwood Senior Activity Center located at 193 Griffith Lane (“Senior Center”); and C. MOWDR took over providing the Meal Services at the Senior Center as of September 1, 2022; and
D. The Parties desire to memorialize the understanding between the City and MOWDR regarding the rights, responsibilities and liabilities of the Parties in regards to the use of the Senior Center; and
E. At its February 27, 2024 Council meeting, the City approved a few waiver for MOWDR’s use of City facilities through June 30, 2026, as well as approved a payment of $26,000 to be made to MOWDR instead of making the payment to the County (which had been previously authorized), to offset the cost to operate the Meal Services at the Senior Center.

NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the Parties agree as follows:

1. Responsibilities of the Parties. Along with the terms and conditions of this Memorandum of Understanding (“MOU”), the Parties agree to be responsible for, and complete those items, set forth in the attached Exhibit “A”, which is incorporated into this MOU by this reference.

2. Relationship of the Parties. MOWDR is free from the control and direction of the City, in pursuit of MOWDR’s independent calling, and not as an employee of the City. It is understood that this is an agreement by and between independent contractors 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. Any persons used by MOWDR to provide services under this MOU will not be considered employees of the City for any purposes whatsoever.

2 3. Term. This MOU will commence on the Effective Date and continue through June 30, 2024 (“Term”), unless terminated earlier in accordance with this MOU, or extended by mutual agreement of the Parties.

4. Payment. No payment is required from the City to MOWDR for the provision of Meal Services at the Senior Center. Any funds or fee waivers provided by the City, to MOWDR, to offset the cost of providing the Meal Services, are contingent on City Council approval, which are not guaranteed.

5. Use of Premises. MOWDR will use a portion of the Senior Center only for the purpose of providing a congregate meal program to Brentwood Seniors (referred to as “Café Costa” or “Café”), in accordance with its contract with the County. MOWDR has full use of the Commercial Kitchen and all of its equipment (including refrigerator, freezer, ice machine, oven and stove) and designated storage cabinets in the Commercial Kitchen and Meeting Room.

MOWDR will keep and maintain the portion of the Senior Center it uses in good and clean condition. Use of the Senior Center shall be subject to all applicable local, state and federal laws and regulations and any permits required thereunder.

6. Indemnity. MOWDR agrees that City and its employees, officers, agents, contractors, commissions, and assigns (collectively, “Released Parties”), will not be held liable or responsible in any way for any damage to MOWDR belongings or property, or for any harm, injury, or death to MOWDR employees, officers, contractors, agents, volunteers, or assigns that may occur as a result of this MOU. MOWDR agrees that its employees, officers, contractors, agents, volunteers, and assigns have no rights, entitlements, or claims against the City for any type of employment benefits or workers’ compensation. To the fullest extent permitted by law, MOWDR will indemnify, defend, and hold harmless the Released Parties from and against any loss, claim, damage, expense, cost, liability, or lawsuit of any kind or nature arising out of this MOU.

7. Insurance. MOWDR will obtain and maintain, at its cost and expense, for the duration of the MOU and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with the MOU by MOWDR or MOWDR’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII."

7.1 Coverages and Limits. MOWDR will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on MOWDR's indemnification obligations under this MOU. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by MOWDR pursuant to this MOU are adequate to protect MOWDR. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance. MOWDR will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage.

If MOWDR believes that any required insurance coverage is inadequate, MOWDR will obtain such additional insurance coverage, as MOWDR deems adequate, at MOWDR’s sole expense.

3 7.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this MOU or the general aggregate will be twice the required per occurrence limit.

7.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.

7.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.

7.1.4 Professional Liability. Errors and omissions liability appropriate to MOWDR’s profession with limits of not less than $1,000,000 per claim.

7.2 Endorsements. For Commercial General Liability Insurance, MOWDR will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional insureds. Prior to City's execution of this MOU, MOWDR will furnish, to the satisfaction of the City, certificates of insurance and endorsements.

7.3 Cancellation. Insurance will be in force during the life of the MOU and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the notice provisions of this MOU.

7.4 Failure to Maintain Coverage. If MOWDR fails to maintain any of these insurance coverages, then City will have the option to declare MOWDR in breach of this MOU, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. MOWDR is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from MOWDR.

7.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.

7.6 Primary Coverage. For any claims related to this MOU, the MOWDR’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of MOWDR’s insurance and not contributory with it.

7.7 Reduction in Coverage/Material Changes. MOWDR will notify City in writing pursuant to the notice provisions of this MOU thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this MOU or any material changes to the respective insurance policies.

7.8 Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.

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

9. Entire Agreement. This MOU and its Exhibits, contain the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this MOU. In case of a conflict between the terms of this MOU and any Exhibit attached, the terms of this MOU will prevail. 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 in writing by first class mail to the Parties, or to such other persons’ addresses or telephone numbers as the Parties may designate in writing from time to time as follows:

City: City of Brentwood
Attention: Thien Nguyen, Recreation Manager
150 City Park Way
Brentwood, CA 94513
MOWDR: Meals on Wheels Diablo Region
Attention: Caitlin Sly, Executive Director
1300 Civic Drive
Walnut Creek, CA 94596
Notice will be deemed effective on the date personally delivered or, if mailed, 3 days after depositing it in the United States Mail. MOWDR must notify City within 14 days of any change to its mailing address.

12. Termination. Either Party, upon tendering 30 calendar days written notice to the other Party, may terminate this MOU for convenience. In the event of a breach of a term of this MOU, termination may be effective immediately

13. Assignment. Neither Party will assign any right or obligation under 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. Third Parties. This MOU does not confer any benefits to any third party.

15. 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.

16. General Compliance with Laws. MOWDR will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by MOWDR, or in any way affect the performance of the MOU. MOWDR will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the MOU with all applicable laws, ordinances and regulations.

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

18. No Waiver. The waiver by either Party of any breach or violation of any term, covenant, or condition of this MOU or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law.

19. 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.

20. Signatures.

20.1 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.

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

21. 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.

Meals on Wheels Diablo Region:

By:

Caitlin Sly, Executive Director
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
I. Obligations of Both Parties. MOWDR and the City will:
• Jointly develop an appropriate process for providing lunch 5 days a week, Monday through Friday for senior participants.
• Maintain accountability and responsibility for its own organizational processes and services.
• Fulfill their responsibilities under this MOU in accordance with the laws and regulations that govern their activities. Nothing in this MOU negates or otherwise renders ineffective such provisions or operating procedures. If at any time either Party is unable to perform its functions under this MOU consistent with its statutory or regulatory mandates, the affected Party shall notify the other Party. Both Parties will work mutually to resolve the conflict.

II. MOWDR’s Obligations. MOWDR will:
• Abide by Fee Waiver policies in accordance with City Council/Administrative Policy No. 10-12, as that Policy may be amended from time to time. • Submit a City Request for Fee Waiver and/or Fee Reduction/Donation Application on an annual basis.
• Provide a trained professional to oversee the Café site at the Senior Center. • Provide Café lunch services five days a week, Monday through Friday. • Provide City with dates and holidays that Cafe is not operating in advance of closures • Promote the Café site among the Brentwood older adult population. • Provide staff coverage if assigned staff member is out for any reason. • Maintain participant confidentiality.
• Adhere to all City Facility Rental Rules & Regulations attached and incorporated as Exhibit “B.”
• Maintain organization and cleanliness of kitchen cabinet storage and communicate with City Staff on annual cleaning of cabinets.

III. City’s Obligations. The City, through its Senior Center will:
• Provide proper facility space for use for Café services provided by MOWDR staff. • Notify MOWDR immediately of a relocation area if facility space is not available for Café service.
• Provide MOWDR staff with City staff support, as needed. • Provide copier service (printing, fax, scanning, shredding), as needed. • Provide MOWDR access to kitchen cabinet storage during duration of program. • Deep clean appliances in the kitchen annually.

Facility Rental Rules & Regulations
City of Brentwood Parks & Recreation

1. Reservation of the Facility Initial:
a. Facility rental applications are accepted no more than 18 months in advance for Brentwood residents, and 12 months in advance for non-residents. Reservations for use of the facilities may be made by contacting the Parks &Recreation Department to schedule a contract appointment. At the contract appointment, a completed application must be submitted, along with a payment of rental deposit and non-refundable application fee. b. All rentals require a minimum of 2 hours, and must include any time for setup and cleanup. Refunds will not be given for any unused rental time.
c. The City accepts the following forms of payment: check/money order; MasterCard, Visa, Discover, and cash. Paymentsfor non-profit organizations or public agencies must be drawn on the organization or agency account. d. Reservations must be made at least 30 days prior to the event. Special requests of less than 30 days are considered on a case-by-case basis and an Application Rush Fee will be included. e. Renters must be a minimum of 18 years of age. If alcohol is being served, renter must be a minimum of 21 years of age. A photo I.D with the applicant’s address and date of birth must be provided at the time of the reservation. f. Upon completion of the contract meeting and approval of application, the renter will sign the Facility Permit andbe provided a Facility Renter Checklist outlining due dates for fees, various paperwork submittals, and facility walk through and floorplan meeting.
g. The City reserves the right to book additional events/rentals before and after your event, and in other areas of the facility. h. All remaining fees are due 30 days prior to the event. For rentals less than 30 days, all fees are due upon booking of facility. Payment by check will not be accepted less than 30 days prior to the event and payment by credit card will not be accepted less than 14 days prior to the event.
i. Once the rental permit has been issued, the renter has one opportunity to make any changes or modifications at no additional cost to the rental permit up to 60 days prior to the event date. Changes or modifications made after that one courtesy modification/change to the rental permit will assess an additional fee per request. City reserves the right to assess an additional fee per request, for any reservation changes made less than 60 days prior to the event. j. Any changes to the original submitted application must be in writing. k. A damage deposit is required for all facility rentals; $250 for events without alcohol and $500 for events serving alcohol.

The renter will be billed for any additional expenses not covered by the damage deposit. The determination and assessment of additional charges shall be at the sole discretion of the City. The deposit will be returned within 30 days after facility use as long as there is no damage to the facility or any additional expensesincurred.

2. Cancellations Initial:
a. The City reserves the right to cancel, reschedule, suspend, and/or refuse to grant the use of its facilities to any person or group if such use violates the Brentwood Municipal Code/City Rules and Regulations or in case of emergency. b. 100% of rental fees are refunded if cancellations are made 6 months or more prior to your rental date, with theexception of the application fee and the cancellation processing fee. c. Cancellations less than 6 months, but more than 4 months prior to your rental date, 15% of your total deposit will be retained in addition to the application fee and the cancellation processing fee. 1 Exhibit B

d. Cancellations less than 4 months, but more than 1 month prior to your rental date, 25% of your total deposit will be retained in addition to the application fee and the cancellation processing fee. e. Cancellations less than 30 days prior to your rental, 40% of the entire rental fee is retained in the addition tothe application fee and the cancellation processing fee.
f. If applicant wishes to cancel their event, a written cancellation letter must be submitted.

3. Use of the Facility Initial:
a. The facility may be used by residents, non-residents, non-profit organizations and commercial groups, defined asfollows:
i. Resident: an individual whose primary residence is within the City limits of Brentwood ii. Non-Resident: an individual whose primary residence is outside the City limits of Brentwood iii. Non-Profit: When use of the facility is by a non-profit organization as determined by the Internal Revenue Service and/or State of California with at least 75% of its membership made up of Brentwood residents, and the purpose of the use is to raise funds for community, charitable, or education projects within Brentwood or that benefits Brentwood residents. A copy of the letter granting the organization non-profit status from the Secretary of State’s office is required to receive the non-profit rate.
iv. Commercial: when use of the facility is for profit or sale with proceeds to benefit an individual or organization. b. A minimum of one half hour is required for set-up and takedown of all rentals, although larger events may require more time depending on the size and scope of the event.
c. After the facility has been used, it must be left in a clean and orderly condition. All equipment moved or borrowed must be returned to its original position and location.
d. At all times the facility is being used, City staff shall be on duty to ensure the enforcement of these Rules & Regulations.

The City reserves the right to close down or cancel any event that is in violation of any city ordinance. The City also reserves the right to close down or cancel the event if public safety, damage to the facility, behavior of the event guests, or affected department supervisors deem the event unsafe for public participation. e. The Renter signing the permit is responsible for any loss or damage to the property. The Renter must pay the City an amount equal to the cost of repair and/or replace the lost or damaged item. f. The Renter is responsible for the control and supervision of all guests, caterers, musicians, and other contracted service providers, and ensure that all adhere to the City’s policies and procedures. g. Minors (any person under the age of 18) must be actively supervised at alltimes. h. City staff cannot sign for or receive deliveries. The Renter or a designated representative must be present to supervise and sign for all deliveries and pick-ups associated with their event. i. City staff will setup and take down tables and chairs, rented City equipment, and control lighting, audio/visual equipment, and heating and air conditioning.
j. Equipment brought on site requires prior approval from the City ( photo booths, backdrops, BBQs, audio visual equipment, ice sculptures, food truck, etc.) and must be removed immediately after the event. City staff will not store equipment and is not responsible for anything left in the facility. City staff reserves the right to remove any such equipment at the cost of the Renter. Additional charges may be assessed to the Renter for use of the facility beyond the specified rental contracted time. The determination of assessment will be at the sole discretion of the City and will be taken from the Renter’s deposit.
k. The facility maximum capacities are strictly enforced. The maximum capacity for an event includes all adults andchildren, 2

including caterers, DJ’s, bands, party planners, etc. Violation of the capacity limits will result in immediate termination of the event and forfeiture of some or all of the facility deposit. l. No rice, birdseed, confetti, glitter, rose petals, or sand may be thrown inside or outside of thefacility. m. Smoking of any kind is prohibited in any City facility or within 20 feet of entrance or exit per State of California law (State Code 7596-7598).
m. All City furniture must stay inside the facility. Any furniture brought in by the Renter (chairs, sofas, tables, light bars, etc.) must have padded or protected feet.
n. Use of nails, tacks, scotch tape, staples, etc., is strictly prohibited. Only painters tape may be used to attach items to walls.

Gaffer tape may be used on the floor.
o. At no time shall exits or exit signs be covered or obstructed. p. The City will not supply ladders, extension cords, scissors, tape or paper for use. Renter must provide supplies, if necessary. q. Electrical outlets are limited to 20 amps.
r. Mylar/foil balloons with helium are prohibited, however air-filled Mylar/foil balloons are permitted. s. All decorations must be fire proofed or made of fire retardant materials. Candles are permitted only in holders in which the flame is not exposed (except on cakes). Open flames such as gas burners, candles and butter warmers (with the exception of Sterno-type cups) are not allowed inside the facility. t. Fog machines, smoke machines, and hazers are not permitted. u. Barbecues, grills, and griddles are permitted only with advance approval and in designated areas. v. All decorations must be removed before the premise is vacated. w. Parking is available on nearby streets and City parking lots/structure, but is not guaranteed. x. Equipment and decorations not listed above requires written approval from City staff.

4. Alcohol Initial:
a. If alcohol is going to be served or sold, it must be indicated on the rental application and permit. b. Alcoholic beverages, if allowed, are the responsibility and liability of the Renter and/or organization renting thefacility. c. Presence and/or the consumption of any and all alcoholic beverages shall be prohibited except by permit, and only consumed during the event time indicated on the permit. d. Alcoholic beverages must be served from a controlled bar by a person over 21 years old and must be served with food. The serving alcohol must end 30 minutes before the conclusion of the event. e. To sell alcoholic beverages at your event, a valid alcohol permit from the California Department of Alcoholic Beverage Control (A.B.C.), must be obtained. Events involving the exchange of monetary consideration (example: purchase of meal or meal ticket with any form of alcohol being served as part of the meal) also require a California Department of Alcoholic Beverage Control (A.B.C.) permit. A.B.C. will issue one-day permits to 501(c)3 non-profit groups who wish to sell admission tickets, beer, wine or distilled spirits at a fundraising event. A.B.C. applications are available at the Parks and Recreation office and it is the renter’s responsibility to complete and submit the application to A.B.C. (located at Elihn M. Harris State Office Bldg. 1515 Clay Street, Suite 2208, Oakland, CA 94612, (510) 622-4970). f. Alcohol permit must be on file in the Parks and Recreation Office 14 days prior to your event. Alcohol permit must be prominently displayed during your event. City staff is required to check your license prior to allowing the saleor distribution of alcohol at the event.
3

g. Violation of any of these requirements will result in immediate termination of Renter’s event and will result in forfeiture of the damage deposit.

5. Security Guards Initial:
a. Security guards may be required to be on duty during the event. The Brentwood Police Department will determine if security guards are necessary and the number of guards required at the event. The renter is responsible to pay for these services. Security guards must be present at the times stated on the Brentwood Police Department’s Conditionsof Approval letter.
b. Security guard companies must be registered and approved by the Brentwood Police Department and must have a valid City of Brentwood business license. City will provide you a list of approved companies and the renter can select and reserve a company from the list.
c. The Renter has direction over security guard duties.

6. Insurance Initial:
a. Renters are responsible for providing insurance. The Renter is accountable financially for any and all accidents or injuries to persons or property resulting from their use of City facilities. b. Renters may use their own insurance provided that the policy meets minimum standards (City staff will provide information if choosing this option).
c. If you are unable to provide this certificate through your homeowners’ insurance, you may purchase special event insurance through the City.
4

Facility Rental Rules & Regulations
City of Brentwood Parks & Recreation
Cleanup Agreement
The Renter agrees to walk the facility, including restrooms, kitchen and rooms reserved with facility staff prior to and after the event to review any current or new damage to the facility that may have occurred during the rental.

The Renter agrees to perform the following:
a. Pick-up and discard/remove all decorations (e.g. table coverings, wall décor, centerpieces, balloons, etc.) b. Pick up all trash, both inside and outside, and place in lined trashcans provided. c. Ensure caterers clean kitchen area (i.e. stoves, counters, sinks, remove all items from the refrigerator,etc.) d. Report all spills to facility staff immediately for cleanup and allow staff access toarea. e. Remove all equipment brought in for the event by the rental end time (i.e. by the DJ, decorator, caterer,etc.) f. Leave walls, floors, and restrooms undamaged.

By signing below, I agree that at the conclusion of my event I will leave the facility in the same condition as when the event began. I further understand that non-compliance to this Agreement will result in the forfeiture of some, if not all, of my deposit, as well as I may be invoiced for any additional cost to provide for the clean up of my event.

Signature: Printed Name: Date:
5

Facility Rental Rules & Regulations
City of Brentwood Parks & Recreation
Facility Rental Checklist
Initial each item:

I have had the opportunity to read the Rules & Regulations and received a copy.

I will be in attendance throughout the event and I am responsible for the conduct and control of the group.

Children under the age of 18 must be supervised at all times I have reviewed the rules about decorations.

Facility Walk-Through: I agree to walk through the rented area(s) with City staff before and after the event (no one will be allowed in the facility before the walk-through.) The maximum number of people (including guests, DJ/band, caterers, etc.) allowed at myevent is .

It is my responsibility to control the number of people admitted and not allow more than capacity.

Insurance criteria reviewed. Purchase from City Provide own insurance and endorsement Security services criteria reviewed.

All contract modifications must be in writing. Additional fees may apply.

Fees must be paid 30 days prior to my rental date or I risk cancellation of my event. (No checks will be accepted for payments made less than 30 days before the rental date. Only cash will be accepted for payments made less than 14 days before the rental date.) Proof of security guards services, alcohol permit, and/or health permit must be submitted 14 days prior to the rental date (if applicable).

All paperwork, fees, and insurance are due on .

Signature: Printed Name: Date:
6

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: February 27, 2024
Resolution No: 2024-XX Page 1 of 6
________________________________________________________________________

CITY OF BRENTWOOD

PURPOSE
The City of Brentwood recognizes the value of partnering with other agencies and organizations in providing services that benefit the community and its residents. To that end, non-profit agencies, intergovernmental agencies or community groups that provide community benefit as approved by the City Manager or designee may be granted a reduction and/or waiver of fees that are included in the approved Cost Allocation Plan for use of City property, such as City buildings, building maintenance or use of ball fields. Certain fees for permits, crowd control and solid waste services may also be waived. In an additional effort to support those organizations that provide valuable community services for the public benefit, the following policy has been established to determine when consideration will be given for requests for use of City funds, and any limitations associated with those requests.

POLICY
Priorities and Requirements:
 Fee waivers and/or reductions or donations are primarily made to local organizations based in the City of Brentwood. Agencies based in neighboring communities that serve a significant number of City of Brentwood residents may also apply. National agencies will most likely not be considered.  Fee waivers and/or reductions or donations are made only to organizations as described within this Policy.
 Applications for specific programs, events, equipment needs or general operational support will receive special consideration if they fall under one of the Council Two-Year Strategic Initiatives. The City Council Two-Year Strategic Plan that contain these goals can be found on the Internet under “City Council”.
 Special consideration will be given to events for which matching funds have been secured.
 Requests for funding must be made in writing by using the application form.

Donation and Fee Waiver and/or Fee Reduction Requests:

Requests are made through completion of a “Request for Fee waiver and/or Fee Reduction/Donation” application. Requests are considered on a case-by-case basis as outlined in this document.

Donations and Fee Waiver and/or Fee Reduction Requests will not be granted for the following expenses:
 Office or administrative overhead/staff salaries of the requesting organization.

With the exception of: Contra Costa County Library, Delta Community Services Inc. and Contra Costa County Senior Nutrition Program Meals on Wheels Diablo Region as approved by the City Council.

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: February 27, 2024
Resolution No: 2024-XX Page 2 of 6
________________________________________________________________________

CITY OF BRENTWOOD
 Capital Equipment or Capital Projects, which includes the purchase or construction of fixed assets, such as land, buildings and any permanent improvements.
 Rental of space other than City owned or operated facilities.

Request for Fee Waiver and/or Fee Reduction Application Procedures Fee waiver requests under $5,000 for the use of City facilities, equipment, and/or services for a special event held on, or impacting, public right of way may be waived by the respective Department Director or his/her designee. Fee waiver and/or fee reduction requests over $5,000 must be approved by City Council. These requests will be brought to Council through a staff report/request prepared by the Department Director. In the event a cumulative total of fees waived reach $5,000 for a single organization in any fiscal year, all further requests require City Council approval. ALL fee waiver and/or fee reduction requests must be made in writing by using the application form and must fall under one of the following categories:

Intergovernmental Cooperation
Department Sponsored Program
Financial Hardship / Non-Profit
Private Community Benefit
Fees may be waived and/or reduced for events and programs if the Director determines that all of the following criteria are met:

1. The organization is a non-profit organization as described by the Internal Revenue Service Section [Example Codes 501(c)(3), 501(c)(6)], or is an intergovernmental agency providing service within the City of Brentwood or community groups that provide community benefit as approved by the City Manager or designee.

2. The organization provides proof it is a valid non-profit or community service organization serving the citizens of Brentwood;

3. The imposition of fees would create a financial hardship on the organization or would have a detrimental effect upon the services provided to the public;

4. The service provided by the City is within the scope of services normally provided by the respective Department;

5. Appropriate recognition as co-sponsor or partner of the event or program is provided for the City of Brentwood on all promotional materials and at the event or program. All promotional materials representing the City must follow the graphic standards guidelines;

6. The program or event is determined by City Council, the City Manager or the appropriate Department Director to provide a public benefit and be of significant value to the community or to a significant portion of its residents;

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: February 27, 2024
Resolution No: 2024-XX Page 3 of 6
________________________________________________________________________

CITY OF BRENTWOOD

7. All resources provided by the City in sponsorship of the event must be provided for within the Department’s current budget allocations, without a reduction of services;

8. The event or program complies with the City Council Administrative Policy, 20- 23 that prohibits unlawful workplace discrimination and harassment. Whether the event or program is in compliance with the City’s policy will be determined by the appropriate Department Director and may be appealed pursuant to the terms of this Policy;

9. It is determined that the proposed event or program will have no significant impacts on the facilities or department activities, that the applicant will provide volunteer services and materials to mitigate any impacts created by the event or program, or that the impacts are adequately offset by the public benefit provided by the program or event;

10. Contractor or event sponsor shall hold harmless, defend and indemnify the City of Brentwood (City) and its officers, officials, employees, and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor’s or event sponsor’s performance or work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. A hold harmless agreement form is included within the application and shall be signed by the applicant and/or event sponsor/contractor.

11. A certificate of insurance or statement of self-insurance must be provided by the applicant. Minimum limits of insurance are $1,000,000 for General Liability and Automobile Liability. Workers' Compensation and Employer's Liability limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if organization has no employees. In most cases, the insured party will need to supply an endorsement naming the City of Brentwood as additional insured. This documentation must be provided to the City at least fourteen (14) business days prior to the start of the event.

Any exceptions to the insurance requirement must be approved in writing by the Director of Human Resources/Risk Manager or designee.

12. Scheduling and use of facilities and events are subject to availability of requested facilities and do not have preference over City programs and activities or previous commitments to outside parties.

13. Reasonable steps shall be made by the applicant to minimize impacts to City facilities, programs, and residents.

14. Failure to abide by the rules and procedures as set forth in this document will result in the respective applicant being denied for funding and ineligible to request future fee waiver and/or fee reductions or donations for one year, at

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: February 27, 2024
Resolution No: 2024-XX Page 4 of 6
________________________________________________________________________

CITY OF BRENTWOOD
which point an application for funding may be requested in accordance with this Policy.

Request for Donation Application Procedures
Donation requests under $1,000 may be approved by the respective Department Director or his/her designee. Donation requests over $1,000 must be approved by City Council. These requests will be brought to Council through a staff report/request prepared by the Department Director. In the event a cumulative total of donations reach $1,000 for a single organization in any fiscal year, all further requests require City Council approval. ALL requests for a donation of funds from the City of Brentwood must be made in writing to the appropriate department Director (the department providing the waiver and/or donation) using the application form. Staff will submit their recommendation for approval or denial to City Council via a staff report, provided the request meets the following criteria. All requests will be considered on a case-by-case basis, following the standards below:

For all donation requests, the following standards will apply:

1. Good cause exists that a donation is necessary or an activity/event will not take place. This includes a clearly stated public purpose and public benefit of the event and request, identifying the target population who will be served and how this relates to support of City funds.

2. Applicant must demonstrate it has the managerial and fiscal competence to complete the project/event and give evidence that it has pursued other sources of financial support.

3. If the organization or purpose of the event/activity is for a population greater than the City of Brentwood City limits, evidence must be given as to how funds are secured for those who live outside the City limits.

4. The event or program complies with City Council Administrative Policy, 20-23 that prohibits unlawful workplace discrimination and harassment. Whether the event or program complies with the City’s policy will be determined by the appropriate Department Director and may be appealed pursuant to the terms of this Policy.

5. A hold harmless agreement form is included within the application and shall be signed by the applicant and/or event sponsor/contractor. Contractor or event sponsor shall hold harmless, defend and indemnify the City of Brentwood (City) and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor’s or event sponsor’s performance or work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: February 27, 2024
Resolution No: 2024-XX Page 5 of 6
________________________________________________________________________

CITY OF BRENTWOOD

6. A certificate of insurance or statement of self-insurance must be provided by the applicant.

Minimum limits of insurance are $1,000,000 for General Liability and Automobile Liability. Workers’ Compensation and Employer’s Liability limits as required by the California Labor Code and Employer’s Liability limits of $1,000,000 per accident for bodily injury. Workers’ Compensation and Employer’s Liability insurance will not be required if organization has no employees. In most cases, the insured party will need to supply an endorsement naming the City of Brentwood as additional insured. This documentation must be provided to the City at least fourteen (14) business days prior to the start of the event.

Any exceptions to the insurance requirement must be approved in writing by the Director of Human Resources/Risk Manager or designee.

7. Scheduling and use of facilities and events are subject to availability of requested facilities and do not have preference over City programs and activities or previous commitments to outside parties.

8. Reasonable steps shall be made by the applicant to minimize impacts to City facilities, programs, and residents.

9. Within 30 days of completion of any event in which a donation was received, the applicant will provide a written report to the respective Director of the event, to include at a minimum: number of participants; event revenue and expenses; copies of all publicity of the event; any benefit to the community and an accounting of where/when/how the proceeds of the event will be dispersed.

10. Failure to abide by the rules and procedures as set forth in this document will result in the respective applicant being denied for funding and ineligible to request future fee waiver and/or fee reductions or donations.

NOTE: Economic Development Grants may be applied for separately, using the Economic Development Program Grant Application form. Contact the Economic Development Division, at (925) 516-5441 for additional information.

City Council Member/Family Donation, Fee Waiver and/or Fee Reduction Requests
No City Donations, Fee Waiver, and/or Fee Reduction shall be available to any of the following individuals or entities:

1. The Mayor or any City Council Member (individually, each being an “Elected Official”)

2. Any Elected Official’s spouse or registered domestic partner

3. Any Elected Official’s dependent children

COUNCIL/ADMINISTRATIVE POLICY
Subject:

Policy and Procedures For Requests for
Use of City Funds
Policy No: 10-12 Date: February 27, 2024
Resolution No: 2024-XX Page 6 of 6
________________________________________________________________________

CITY OF BRENTWOOD

4. Any organization for which individuals listed in 1-3 above either a. Serve on the board of directors or other governing body or b. Receive any financial benefit
Appeals
All decisions of the Department Director may be appealed to the City Manager for review. All appeals must be made in writing within ten (10) days following a determination or denial of a request. The City Manager’s decision will be final.

Auditing
Staff will provide to the Finance Division all pertinent documentation required to support the Donation, Fee Waiver, and/or Fee Reduction. Finance Division staff will provide a yearly report to the City Council in September each year regarding all fee waivers and/or fee reductions and donations that have been approved or implemented during the previous fiscal year.

CITY COUNCIL AGENDA ITEM NO. F.5
02/27/2024
SUBJECT: Annexation #15 to Community Facilities District No. 5 DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Debra Galey, Senior Analyst

TITLE/RECOMMENDATION
Staff recommends the City Council Adopt a Resolution approving Annexation #15 Boundary Map for City of Brentwood (“City”) Community Facilities District (“CFD”) No. 5.

Staff also recommends the City Council Adopt a Resolution declaring the intent to annex territory to Community Facilities District No. 5, levy a special tax in such territory and set a date of April 9, 2024, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the Public Hearing.

FISCAL IMPACT
Annexation of property will provide approximately $52,602 in additional revenue (in FY 2023/24 Dollars) for CFD facilities and services on an annual basis, once development occurs. The additional revenue will be transferred annually to the General Fund for public safety services. Funds are deposited with the City by the developers to cover costs associated with the annexation of property into the CFD.

BACKGROUND
Community Facilities Districts (“CFDs”) are a funding mechanism for the increased public facilities and services provided by the City resulting from new development.

These facilities and services include:
 Public Protection and Safety
 Community Amenities (i.e., community center and library)  Joint Use School Sites
 Flood and Storm Drainage Improvements
 Roadway Maintenance
 Utility Undergrounding

CITY COUNCIL AGENDA ITEM NO. F.5
02/27/2024
As a Standard Condition of Approval, all new development is required to mitigate the impacts of their project. As such, many property owners elect to annex into the CFD as a means to fund the services and facilities provided to address the additional growth and associated impacts. Funding is collected by the levying of an annual special tax at a rate that was previously set when the CFD was formed ($891.57/single family residential parcel, $445.78/multi-family residential unit and $6,595.61/acre nonresidential parcels (in FY 2023/24 dollars)). Parcels are eligible to be levied the special tax the fiscal year following issuance of a building permit.

The proposed boundary and development project of the area to be annexed under Annexation#15 is shown as Exhibit “A” to the attached resolution and includes 59 single-family units.

The property owners within the annexation boundary will be sent a “Waiver and Consent” form, along with the special election ballot to cast their vote. Consent of the property owners will allow the City to shorten the minimum time requirements relative to the annexation process and procedures. A two-thirds majority vote is required to annex the property and levy the special tax. Prior to the conclusion of the Public Hearing and election on April 9, 2024, all ballots must be cast.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)

1. Do not approve the Annexation #15 Boundary Map to include the two new residential development projects into CFD No.5.

2. Require the development projects to provide an alternate means of funding for City services and facilities provided to additional development.

CITY COUNCIL AGENDA ITEM NO. F.5
02/27/2024

ATTACHMENT(S)

1. Previous Action

2. Citywide CFD Exhibit

3. Resolution Approving Annexation #15 with Boundary Map

4. Resolution of Intention to Annex Territory and set Public Hearing

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

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

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

µ
0 0.25 0.5 1 Miles
Legend
Brentwood Boundary
CFD 5 Annexation #15 Parcels
Existing CFDs Parcels
City of Brentwood
CFD 5 Annexation #15

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING ANNEXATION #15 BOUNDARY MAP
FOR COMMUNITY FACILITIES DISTRICT NO. 5.
(Annexation #15)
WHEREAS, a map entitled “Annexation Map #15 Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California” (the “Annexation #15 Boundary Map”) has been filed with the City Clerk of the City of Brentwood; and
WHEREAS, the Annexation #15 Boundary Map cross-references the map entitled, “Proposed Boundary Map of Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California,” filed for record in the office of the County Recorder of the County of Contra Costa on May 2, 2007, in Book 82 of Maps of Assessment and Community Facilities Districts at page 7.

NOW, THEREFORE, BE IT RESOLVED the following determinations:

Section 1. The City Council finds and determines that the foregoing recitals are true.

Section 2. The City Council approves the Annexation #15 Boundary Map, as shown in Exhibit “A” attached hereto and made a part hereof, and adopts the boundaries shown on the map as describing the extent of the territory being proposed for annexation into Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California.

Section 3. The City Council finds that the Annexation #15 Boundary Map is in the form and contains the matters prescribed by Sections 3110 and 3110.5 of the California Streets and Highways Code.

Section 4. The City Council requests that the City Clerk certify the adoption of this Resolution on the face of the Annexation #15 Boundary Map and file a copy of the map with the County Recorder of the County of Contra Costa for recordation in the Book of Maps of Assessment and Community Facilities Districts.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 27th day of February 2024 by the following vote:

EXHIBIT “A”
Annexation #15 Boundary Map of Community Facilities District No. 5

RESOLUTION NO. 2024-XX

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE

CITY OF BRENTWOOD TO ANNEX TERRITORY TO COMMUNITY
FACILITIES DISTRICT NO. 5, TO LEVY A SPECIAL TAX IN SUCH TERRITORY AND TO SET A DATE OF APRIL 9, 2024, FOR THE
PUBLIC HEARING.
(Annexation #15)
WHEREAS, the City Council of the City of Brentwood (the “City Council”) has determined that the public convenience and necessity require the annexation of additional parcels of land to Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California (“CFD No. 5”); and WHEREAS, the parcels of land proposed to be annexed are as listed in Exhibit “A” attached hereto and are included within the boundaries shown on Annexation #15 Boundary Map approved by the City Council’s Resolution No. ________, adopted February 27th, 2024, copies of which map and resolution are available for inspection at the office of the City Clerk; and
WHEREAS, the City Council finds that this annexation is to the advantage of the City of Brentwood and the owners of property within CFD No. 5.

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

Section 1. The foregoing recitals are true.

Section 2. The facilities and services authorized to be financed by CFD No. 5 are not proposed to be expanded or diminished by this annexation. The description of Authorized Facilities and Services are contained in the Resolution of Formation No. 2007-152, adopted by the City Council on June 26, 2007. A summary of the Authorized Facilities and Services that may be funded include:

Facilities: The acquisition or construction of public protection and safety facilities, governmental and community facilities, flood and storm drainage facilities, roadways, and the undergrounding of utility transmission and distribution facilities.

Services: The maintenance and operation of public improvements and the services associated with public protection and safety services, joint use school site services, and flood and storm drainage services.

Section 3. The area proposed to be annexed to CFD No. 5 (the “Territory”) shall be subject to a special tax, from the time of its inclusion in CFD No. 5, under the rate and method of apportionment of the special tax contained in the Resolution of Formation No. 2007-152, adopted by the City Council on June 26, 2007. This

special tax will be secured by the recordation of a continuing lien against all nonexempt real property in the Territory.

Section 4. No alteration of the rate and method of apportionment of the special tax within CFD No. 5 is contemplated by these proceedings either as it pertains to the area already within CFD No. 5 or as it pertains to the Territory. The CFD No. 5 rate and method of apportionment is contained in the Resolution of Formation No. 2007-152, adopted by the City Council on June 26, 2007.

Section 5. The City Council hereby sets Tuesday, April 9, 2024, at 7:00 p.m., or as soon thereafter as the City Council may reach the matter, in the City Council Chambers of the City of Brentwood, 150 City Park Way, Brentwood, CA 94513, as the time and place for the Public Hearing. At that hearing, the testimony of all interested persons for or against the proposed annexation of the Territory to CFD No. 5 or the proposed levy of special taxes within the Territory will be heard.

Written protests must be filed with the City Clerk of the City of Brentwood prior to the time set for the hearing or personally submitted during the hearing. Interested persons may submit or withdrawal written protests by appearing at the City Council Chamber during the course of the hearing of this agenda item. If 50 percent or more of the registered voters or six (6) registered voters, whichever is more, residing within the existing CFD No. 5, or if 50 percent or more of the registered voters or six (6) registered voters, whichever is more, residing within the Territory or if the owners of one-half (1/2) or more of the area of land within the existing CFD No. 5, or if the owners of one-half (1/2) or more of the area of land within the Territory, file written protests against the proposed annexation of the Territory to CFD No. 5 and such protests are not withdrawn so as to reduce the protests to less than a majority, then no further proceedings to annex the Territory to CFD No. 5 as proposed in this Resolution of Intention shall be undertaken for a period of one (1) year from the date of the decision by the City Council on the issues discussed at such Public Hearing. At the conclusion of such Public Hearing, the City Council may abandon the proceedings to annex the Territory to CFD No. 5 or may, after passing upon all protests, determine to proceed to call an election to submit to the qualified electors of the Territory the question of annexing the Territory to CFD No. 5 and authorizing the levy of special taxes of CFD No. 5 within the Territory; and if the City Council determines at the conclusion of such Public Hearing to call such an election, the voting procedure at such election shall be by landowners in the Territory voting in accordance with the Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”). If such protests are directed only against certain elements of the proposed improvements, services or proposed special tax, only those elements shall be deleted from the proceedings.

Section 6. In the event an election is held in these annexation proceedings, it is anticipated that, in accordance with the Act, the voters will be the owners of land within the area proposed to be annexed which will be subject to the special tax, with each landowner eligible to cast one vote for each acre or portion of, for each acre owned therein.

Section 7. The City Clerk is hereby directed to arrange for publication of a Notice of Public Hearing on this resolution one time in a newspaper of general circulation within CFD No. 5 and the Territory not less than 7 days prior to the Public Hearing.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 27th day of February 2024 by the following vote:

Grove Sunset LP
EXHIBIT “A”

LIST OF PARCELS TO BE ANNEXED TO COMMUNITY
FACILITIES DISTRICT NO. 5, CITY OF BRENTWOOD, COUNTY

OF CONTRA COSTA, STATE OF CALIFORNIA
ANNEXATION #15
Assessor’s Parcel Nos.

CITY COUNCIL AGENDA ITEM NO. F.6
02/27/2024
SUBJECT: Informational Report on Final Map of Subdivision No. 9535, Orchard Grove, developed by Shea Homes, LP, and associated Subdivision Improvement Agreement.

DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Heather Silfies, Engineering Services Specialist

TITLE/RECOMMENDATION
Receive and file an informational report on Final Map approval by the City Manager of Subdivision No. 9535, Orchard Grove, developed by Shea Homes, LP, located east of Adams Lane, directly north of the intersection of Lone Oak Road and Gracie Lane (APN 016-040-005), and associated Subdivision Improvement Agreement.

FISCAL IMPACT
This report is informational only and does not authorize expenditures.

BACKGROUND
In compliance with the State Subdivision Map Act, Government Code Section 66458 (d), and Brentwood Municipal Code Section 16.165.030, please be advised that the above-referenced Final Map and associated Subdivision Improvement Agreement have been presented to the City Manager for approval.

Tentative Subdivision Map No. 9535, upon which this Final Map is based, was approved by City Council Resolution No. 2022-115, on September 13, 2022.

This Final Map has been checked for conformance with the approved Tentative Subdivision Map and all Conditions of Approval required at this stage have been performed and dedications for the appropriate roadways, parcels and easements have been offered. This subdivision consists of 51 single-family residential units and one parcel for bio-retention.

CITY COUNCIL AGENDA ITEM NO. F.6
02/27/2024
In order for this Final Map to be recorded, the City Manager needs to approve the Subdivision Map, Subdivision Improvement Agreement, and accept the offers of dedication as shown on the Subdivision Map.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Site Map

3. Approved Final Map

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 September 9, 2003, the City Council adopted Ordinance No. 759, authorizing the City Manager to approve final subdivision maps and execute subdivision improvement agreements.

On May 3, 2022, by Resolution No. 20-004, 22-005 and 22-006, the Planning Commission recommended City Council approve vesting tentative Subdivision Map No. 9535.

On September 13, 2022, by Resolution No. 2022-115, the City Council approved vesting tentative Subdivision No. 9535.

CARAWAY DR

TENAYA CT

CROWLEY CT

HUNTINGTON PL

THYM E CT

CEYLON DR HEMET CT

CAYENNE DR

SAVORY DR

CAYENNE CT

CLARKSBURG PL

MARJORAM DR

COUNTRY CT

GRANT ST

OHARA AVE

GRACIE LN

ADAMS LN

LONE OAK R D
Final Map
Orchard Grove Subdivision No. 9535
Developed by Shea Homes, LP
Document Path: W :\MXD\Staff Report M aps\9535 Final Map.mxd 9535
Attachment 2

JOB NO. 3170-000 SHEET OF 1 10
SUBDIVISION 9535

ORCHARD GROVE
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF A PORTION OF LOT 206, AS SHOWN ON THE AMENDED MAP OF SUBDIVISION NO. 5, BRENTWOOD IRRIGATED FARMS RECORDED AS 17 M 372, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

OWNER'S STATEMENT

OWNER'S ACKNOWLEDGMENT

SURVEYOR'S STATEMENT

RECORDER'S STATEMENT

OWNER'S ACKNOWLEDGMENT

CLERK OF THE BOARD OF SUPERVISORS

STATEMENT
Attachment 3

JOB NO. 3170-000 SHEET OF 2 10
SUBDIVISION 9535

ORCHARD GROVE
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF A PORTION OF LOT 206, AS SHOWN ON THE AMENDED MAP OF SUBDIVISION NO. 5, BRENTWOOD IRRIGATED FARMS RECORDED AS 17 M 372, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

SOILS REPORT

CITY ENGINEER'S STATEMENT
SIGNATURE OMISSION NOTE:

CITY COUNCIL STATEMENT

CERTIFICATE OF DEDICATION FOR SAME PUBLIC

PURPOSE

CITY MANAGER'S STATEMENT

CITY SURVEYOR'S STATEMENT
TITLE NOTES:

Attachment 3

LONE OAK ROAD DADE DRIVE

ADAMS LANE LONE OAK ROAD

GRANT STREET

O'HARA AVENUE

GRACIE LANE
150'

GRAPHIC SCALE
150' 0' 75' 150' 300' 600'
BASIS OF BEARINGS:

LEGEND
NOTES:

REFERENCES:

JOB NO. 3170-000 SHEET OF 10
SUBDIVISION 9535

ORCHARD GROVE
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF A PORTION OF LOT 206, AS SHOWN ON THE AMENDED MAP OF SUBDIVISION NO. 5, BRENTWOOD IRRIGATED FARMS RECORDED AS 17 M 372, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
3 Attachment 3

2 3 4 5
15 16 17 18 19
29 30 31 32 33
20 ADAMS LANE LONE OAK ROAD

GRACIE LANE
35 37
50 43
38 40
39 41
45 46 48
51 34 36
42 6
27 7 8 9 10 11
21 22 23 24 25
26 47
5 6 7
8 9 10

TRELLIS CIRCLE

TRELLIS CIRCLE TRELLIS CIRCLE
44 49
28 12 13
14 1

PARCEL A
100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
BASIS OF BEARINGS:

LEGEND
REFERENCES:

JOB NO. 3170-000 SHEET OF 10
SUBDIVISION 9535

ORCHARD GROVE
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF A PORTION OF LOT 206, AS SHOWN ON THE AMENDED MAP OF SUBDIVISION NO. 5, BRENTWOOD IRRIGATED FARMS RECORDED AS 17 M 372, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
5 4
Attachment 3

SEE SHEET 6
SEE SHEET 8
3 4
15 16 17 18 19
29 30 31 32 33
20 ADAMS LANE

TRELLIS CIRCLE

TRELLIS CIRCLE

ADAMS LANE

DEDICATION
1 2 5
14 28
6 30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
BASIS OF BEARINGS:

LEGEND
NOTES:

REFERENCES:

JOB NO. 3170-000 SHEET OF 10
SUBDIVISION 9535

ORCHARD GROVE
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF A PORTION OF LOT 206, AS SHOWN ON THE AMENDED MAP OF SUBDIVISION NO. 5, BRENTWOOD IRRIGATED FARMS RECORDED AS 17 M 372, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
5 Attachment 3

SEE SHEET 7
SEE SHEET 9 SEE SHEET 5
6 20
7 8 9 10
19 21 22 23 24
32 33 34 35 36 37 38
25 TRELLIS CIRCLE

TRELLIS CIRCLE
5 11 12
30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
BASIS OF BEARINGS:

LEGEND
NOTES:

REFERENCES:

JOB NO. 3170-000 SHEET OF 10
SUBDIVISION 9535

ORCHARD GROVE
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF A PORTION OF LOT 206, AS SHOWN ON THE AMENDED MAP OF SUBDIVISION NO. 5, BRENTWOOD IRRIGATED FARMS RECORDED AS 17 M 372, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
6 Attachment 3

DETAIL A SEE SHEET 6
43 41
51 42
27 11
25 26
50 38
40 39
24 LONE OAK ROAD

TRELLIS CIRCLE

TRELLIS CIRCLE TRELLIS CIRCLE

LONE OAK ROAD

DEDICATION
12 13 LONE OAK ROAD
SEE SHEET 10
30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
BASIS OF BEARINGS:

LEGEND
NOTES:

REFERENCES:

JOB NO. 3170-000 SHEET OF 10
SUBDIVISION 9535

ORCHARD GROVE
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF A PORTION OF LOT 206, AS SHOWN ON THE AMENDED MAP OF SUBDIVISION NO. 5, BRENTWOOD IRRIGATED FARMS RECORDED AS 17 M 372, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456 7
Attachment 3

SEE SHEET 9
SEE SHEET 5
45 29 30 31
46 32
15 16 17 18

ADAMS LANE

TRELLIS CIRCLE

GRACIE LANE

ADAMS LANE DEDICATION

GRACIE LANE DEDICATION
14 28
44 30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
BASIS OF BEARINGS:

LEGEND
NOTES:

REFERENCES:

JOB NO. 3170-000 SHEET OF 10
SUBDIVISION 9535

ORCHARD GROVE
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF A PORTION OF LOT 206, AS SHOWN ON THE AMENDED MAP OF SUBDIVISION NO. 5, BRENTWOOD IRRIGATED FARMS RECORDED AS 17 M 372, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
8 Attachment 3

SEE SHEET 6 SEE SHEET 8
33 35 37
47 48
32 34 36
31 18 19 20 21 22 23 24
45 TRELLIS CIRCLE

GRACIE LANE

GRACIE LANE DEDICATION
49 46
LEGEND
30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
BASIS OF BEARINGS:

NOTES:

REFERENCES:

JOB NO. 3170-000 SHEET OF 10
SUBDIVISION 9535

ORCHARD GROVE
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF A PORTION OF LOT 206, AS SHOWN ON THE AMENDED MAP OF SUBDIVISION NO. 5, BRENTWOOD IRRIGATED FARMS RECORDED AS 17 M 372, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
9 SEE SHEET 10
Attachment 3

SEE SHEET 7 SEE SHEET 9

GRACIE LANE
50 38
40 39
41 25 27
26 48
51 24 LONE OAK ROAD

TRELLIS CIRCLE TRELLIS CIRCLE

LONE OAK ROAD

DEDICATION

GRACIE LANE DEDICATION
49 PARCEL A LONE OAK ROAD
37 30'

GRAPHIC SCALE
30' 0' 15' 30' 60' 120'
BASIS OF BEARINGS:

LEGEND
NOTES:

REFERENCES:

JOB NO. 3170-000 SHEET OF 10
SUBDIVISION 9535

ORCHARD GROVE
SCALE: 1" =
CONSISTING OF 10 SHEETS
BEING A SUBDIVISION OF A PORTION OF LOT 206, AS SHOWN ON THE AMENDED MAP OF SUBDIVISION NO. 5, BRENTWOOD IRRIGATED FARMS RECORDED AS 17 M 372, CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
JULY 2023

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
10 Attachment 3

CITY COUNCIL AGENDA ITEM NO. F.7
02/27/2024
SUBJECT: 2024 Park and Recreation Commission Commissioner Recommendations
DEPARTMENT: Park and Recreation
STAFF: Bruce Mulder, Park and Recreation Director
Elaine McGurk, Project Services Specialist

TITLE/RECOMMENDATION
Consider the recommendation of Blythe Lind and John Tomei to the Park and Recreation Commission by Mayor Bryant for three-year term expiring on December 31, 2026, and Michelle Gallardo for a two-year term expiring on December 31, 2025.

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

BACKGROUND
The purpose of this agenda item is to approve the recommendation of a member to the Park and Recreation Commission by the Mayor.

The Brentwood Municipal Code provides that there will be five Park and Recreation Commissioners. The term for one Park and Recreation Commissioner expired on December 31, 2023. Under Brentwood Municipal Code section 2.46.040, Park and Recreation Commissioners serve terms of three years. Staff advertised the vacancies on September 29, 2023, and eleven (11) applications were received by the December 1, 2023, deadline.

The Commission Interview Ad-Hoc Committee (Committee) was formed by City Council on January 10, 2023. The Committee includes Mayor Bryant and Council Member Mendoza. Staff received eleven (11) applications and conducted nine (9) inperson interviews of candidates that included Richard Block, Brian Brown, Michelle Gallardo, Nycollette Gibson, Madhan Guna, Joseph Kreisel, Blythe Lind, Thomas Maguire and John Tomei. Following the interviews and Committee deliberation, the Mayor would like to move forward with the recommendation of Blythe Lind, who is currently on the Commission, and John Tomei to the Park and Recreation Commission

CITY COUNCIL AGENDA ITEM NO. F.7
02/27/2024
for three-year term expiring on December 31, 2026, and Michelle Gallardo for a twoyear term expiring on December 31, 2025.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Not previous action.

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Not Applicable.

ATTACHMENT(S)

1. Park and Recreation Commission applications for recommended candidates

November 29, 2023
City of Brentwood
Attention: City Clerk’s Office
150 City Park Way
Brentwood, CA 94513
Subject: Park and Recreation Commission Vacancy Application Dear Ms. Wimberly,
Please accept this cover letter, attached resume, and application as my formal expression of interest in the City of Brentwood’s Park and Recreation Commission vacancy. I am excited to apply for the opportunity to serve my community and to use my 16+ years of work experience in public service to help provide recommendations on park and recreation facility designs, use of City parks and recreation facilities, and provide feedback and recommendations regarding program and facility rules, regulations, policies, and procedures.

I have been a resident of Brentwood for over 20 years and my three children have all participated in recreation offered by the City, as well as countless visits to the city’s wonderful variety of parks and trails. I am supportive of the Park and Recreation Commission’s vision and goal to “Create Community and Quality of Life through People, Parks and Programs”. Ifselected for a Commissioner appointment, I am committed to actively participate and help to achieve this goal to benefit all of Brentwood’s residents.

Thank you for your consideration of my qualifications and interest in serving the community of Brentwood as a Park and Recreation Commissioner.

Sincerely,
Michelle Gallardo
Michelle Gallardo
Resident of Brentwood, CA

CITY COUNCIL AGENDA ITEM NO. F.8
02/27/2024
SUBJECT: 2024 Arts Commission, Commissioner Recommendations DEPARTMENT: Park and Recreation
STAFF: Bruce Mulder, Park and Recreation Director
Thien Nguyen, Recreation Manager

TITLE/RECOMMENDATION
Consider the recommendation of Nina Koch and Bryan Stewart to the Arts Commission by Mayor Bryant for a three-year term expiring on December 31, 2026.

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

BACKGROUND
The purpose of this agenda item is to approve the Mayor’s recommendation of two members to the Arts Commission.

The Brentwood Municipal Code provides that there will be five Arts Commissioners.

On December 31, 2023, two Arts Commissioners’ terms expired. Under Brentwood Municipal Code section 2.48.020, Arts Commissioners serve terms of three years.

Staff advertised the vacancies on September 29, 2023, and four applications were received by the December 1, 2023, deadline.

The Commission Interview Ad-Hoc Committee (the Committee) was formed by City Council on January 10, 2023. The Committee is comprised of Mayor Bryant and Council Member Mendoza. Interviews of applicants were conducted on Monday, February 12, 2024, in the City Council Chamber with two candidates, Madhan Guna and Bryan Stewart. Angela Caprini and Nina Koch were not able to attend the inperson interview; however, both applicants provided a letter to the interview panel and their applications were considered. Following the interviews and Committee deliberation, the Mayor would like to move forward with the recommendation of Nina Koch, who is currently serving on the Arts Commission, and Bryan Stewart to the Arts Commission for three-year terms expiring on December 31, 2026.

CITY COUNCIL AGENDA ITEM NO. F.8
02/27/2024

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
No Previous Action

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ALTERNATIVE OPTION(S)
Not Applicable

ATTACHMENT(S)

1. Attachment 1: Arts Commissioners’ Application – Nina Koch

2. Attachment 2: Arts Commissioners’ Application – Bryan Stewart

Nina Koch
Brentwood, CA 94513
Business Phone (
Cell Phone (
OBJECTIVE: To obtain a seat on the Brentwood Arts Commission

QUALIFICATIONS
I have been serving our community for over 20 years through my dance studio, East County Performing Arts Center. I have been a dance educator for over 30 years and am continually committed to sharing the love and gift of dance with our community.

I am a proud member of and coach for More Than Just Great Dancing, an organization committed to a higher standard of dance education and business practices.

EDUCATION
1998 West Valley Community College; Certificate in Small Business Entrepreneurship and Management
1998 San Jose State University; Dance Major
1994-1997 Gavilan Community College; Liberal Studies with emphasis in Journalism

EMPLOYMENT
2019- Present
Teacher for Hollywood Connection Dance Convention. I teacher studio owners and teachers how to have positive and profitable competitive programs
2018- Present
Author and creator of Bella Bunny. Bella Bunny is a body-positive children’s book, set at the dance studio and on stage. Over 2,000 copies sold.
2016- 2019
Founder of Boogie Babies Dancing School. A specialized boutique studio for dancers ages 2-7. 2016
Speaker for Dance Masters of America Conference. Subject matter: Building a positive parent culture in your studio.

2015- Present
Business Coach. Consulting with studio owners on building positive, profitable programs within their studios.
2015 and 2016
Choreographer for the Miss California Pageant. Choreographed the opening number for the contestants.
2014
Judge for ShowBiz National Talent Competition. Competition judge in Seattle and Indianapolis. 2010- Present
President of Dance Arts Education Industries Inc. This is the parent corporation for all my dance businesses: East County Performing Arts Center, The Ballet Company of East County, Gabby’s Closet, Elevate Dance Convention, and Boogie Babies Dance. 2005-Present
Author and creator of Boogie Babies Dance Curriculum. Specialized dance curriculum for ages 2-5. Implemented in 8 dance studios across the country. 2004-Present
Founder of The Ballet Company of East County. Each year we produce two shows, The Nutcracker and Alice in Wonderland, for thousands of audience members. I lead a team of 10 people and oversee all aspects of the production from marketing to costuming to show time. 2002-Present
Owner and Director of East County Performing Arts Center. A dance studio in Brentwood.

Responsible for managing a staff of 25+, marketing, operations, finances, program development, public relations, performance coordination and training; as well as currently teaching and choreographing for competitive teams, soloists and specialty numbers.

MEMBERSHIPS
More Than Just Great Dancing, International Association of Child Development Professionals, Association of Dance Competitions and Conventions, National Dance Education Organization, California Dance Association, National Association of Schools of Dance.

CITY COUNCIL AGENDA ITEM NO. F.9
02/27/2024
SUBJECT: Award of contract to Unlimited Environmental, Inc. for the Brentwood Boulevard Widening North – Phase I (Building
Demolition)
DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Vatsal Patel, Engineering Manager
Renee Payette, Project Services Specialist

TITLE/RECOMMENDATION
Staff recommends that the City Council adopt a Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a contract and necessary documents for the Brentwood Boulevard Widening North – Phase I (Building Demolition), CIP Project No. 336-31620, (“Project”) with Unlimited Environmental, Inc. (“UEI”) as the lowest responsible and responsive bidder in the amount of $55,405, plus funding authorization for a 20% contingency of $11,081, for a total funding authorization not to exceed amount of $66,486.

FISCAL IMPACT
The total bid amount is $55,405, plus funding authorization for a 20% contingency of $11,081, for a total funding authorization of $66,486. The funds for this Project are included in the 2023/24-2027/28 Capital Improvement Program. The Project is funded by General Fund, Development Impact Fees and Redevelopment funds.

BACKGROUND
Phase I of this Project is being constructed in sections to widen Brentwood Boulevard between Havenwood Avenue and Homecoming Road. The section from Havenwood Avenue to the Marsh Creek Bridge was completed as part of the Meta Housing development project, and the Arco development project widened Brentwood Boulevard between Homecoming and Sunset Roads.

The remaining section of the Project consists of widening Brentwood Boulevard between Sunset Road and the Marsh Creek Bridge, undergrounding existing overhead utilities, and constructing a new bridge over Marsh Creek, as well as the demolition

CITY COUNCIL AGENDA ITEM NO. F.9
02/27/2024
of the abandoned building located at 7030 Brentwood Boulevard. This contract award is for the demolition of the abandoned building.

The Project was advertised on November 29, 2023, and bids were opened on January 10, 2024. The following 10 bids were received.

Bidder Bid Amount
Unlimited Environmental, Inc. $46,900
W.C. Maloney, LLC $74,175
RX Lodge, Inc. $85,065
Central Valley Environmental $93,350
Asbestos Management Group of California, Inc. $96,000
Sandstone Environmental Engineering, Inc. $108,500
Swinerton Builders $133,744
Sierra Excavating, LLC $139,000
Ground Control, Inc. $167,258
Arvonen Construction $182,342
In the event additional work could be performed with the amount of funds available in the Project, one bid alternate was included. Due to the favorable bid received from UEI, the Project budget allows the award of the base bid, as well as the bid alternate in the amount of $8,505, for the removal of trees on the site.

Staff reviewed the bids received and is recommending the award of the contract for the Project to UEI for submitting the lowest responsible and responsive bid.

CITY COUNCIL STRATEGIC INITIATIVE
This Project is included in the City’s Strategic Plan for FY 2022/23 – FY 2023/24.

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

CITY COUNCIL AGENDA ITEM NO. F.9
02/27/2024

ENVIRONMENTAL DETERMINATION
A Notice of Exemption was filed with the Contra Costa County Clerk-Recorder on May 25, 2023.

ALTERNATIVE OPTION(S)

1. Do not approve staff’s recommendation.

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

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

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Contract

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 June 13, 2023, by Resolution No. 2023-80, the City Council adopted the 2023/2024 – 2027/2028 Capital Improvement Program, which included the Project.

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE CONTRACT DOCUMENTS,

AWARDING THE BID AND AUTHORIZING THE CITY MANAGER

OR DESIGNEE TO EXECUTE A CONTRACT AND NECESSARY

DOCUMENTS FOR THE BRENTWOOD BOULEVARD WIDENING
NORTH – PHASE I (BUILDING DEMOLITION), CIP PROJECT NO.
336-31620, WITH UNLIMITED ENVIRONMENTAL, INC. (“UEI”)

AS THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER IN
THE AMOUNT OF $55,405, PLUS FUNDING AUTHORIZATION
FOR A 20% CONTINGENCY OF $11,081, FOR A TOTAL FUNDING
AUTHORIZATION NOT TO EXCEED AMOUNT OF $66,486.

WHEREAS, on June 13, 2023, by Resolution No. 2023-80, the City Council adopted the Capital Improvement Program, which included Brentwood Boulevard Widening North – Phase I, CIP Project No. 336-31620 (“Project”); and WHEREAS, Phase I of this Project is being constructed in sections to widen Brentwood Boulevard between Havenwood Avenue and Homecoming Road; and WHEREAS, the section of Brentwood Boulevard from Havenwood Avenue to the Marsh Creek Bridge was completed as part of the Meta Housing development project, and the Arco development project widened Brentwood Boulevard between Homecoming and Sunset Roads; and
WHEREAS, the remaining section of the Project consists of widening Brentwood Boulevard between Sunset Road and the Marsh Creek Bridge, undergrounding existing overhead utilities, and constructing a new bridge over Marsh Creek, as well as the demolition of the abandoned building located at 7030 Brentwood Boulevard; and
WHEREAS, this contract award is for the demolition of the abandoned building and removal of trees located at 7030 Brentwood Boulevard; and WHEREAS, the Project was advertised on November 29, 2023, and 10 bids were received and opened on January 10, 2024; and
WHEREAS, staff reviewed the bids received and is recommending the award of the contract for the Project to UEI for submitting the lowest responsible and responsive bid.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the contract documents, award the bid and authorize the City Manager or designee to execute a contract and necessary documents for the Brentwood Boulevard Widening North – Phase I (Building Demolition), CIP Project

No. 336-31620, with Unlimited Environmental, Inc., as the lowest responsible and responsive bidder in the amount of $55,405, plus funding authorization for a 20% contingency of $11,081, for a total funding authorization not to exceed amount of $66,486.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 27th day of February 2024 by the following vote:

Contract
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and Unlimited Environmental, Inc., a California Corporation (“Contractor”), for work on the Brentwood Boulevard Widening North – Phase 1 (Building Demolition), CIP Project No. 336-31620 (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work for the Project. On February 27, 2024, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

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

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents

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

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $55,405 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 30 working days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,000 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

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

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

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

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

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

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

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

City:

Engineering Department
150 City Park Way
Brentwood, CA 94513
925-516-5420
Attn: Aman Grewal, Associate Engineer
[email protected]

Contractor:

Name: Unlimited Environmental, Inc.

Address: 2300 E. Curry Street, Building B
City/State/Zip: Long Beach, CA 90805
Phone: 562-981-6600
Attn: Jill Dupleich
Email: [email protected]
Copy to: [email protected]

12. General Provisions.

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

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

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

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

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

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

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

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

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

CITY: Approved as to form:
s/_______________________________ s/__________________________________ Tim Y. Ogden, City Manager Katherine Wisinski, Interim City Attorney Date: ___________________________ Date: ______________________________

Attest:
s/_______________________________
Margaret Wimberly MMC, City Clerk
Date: ___________________________
CONTRACTOR: Unlimited Environmental, Inc.

Business Name
s/_______________________________ Seal:

Jill Dupleich, Vice President
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
W. Scott Lange, Secretary
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

48 City of Brentwood 2023/24 – 2027/28 Capital Improvement Program Project Title: Project #:

Brentwood Boulevard Widening North - Phase I 336-31620
Description/Justification:

This project is included in the City’s Strategic Plan for FY 2022/23 - FY 2023/24. This project will continue the widening of Brentwood Boulevard (120' right-of-way) with two lanes in each direction (approximately 500') and will include two bike lanes, curb and gutter, medians, sidewalk on the east side, streetlights and landscaping on each side of the roadway. This project will also include a new parallel bridge over Marsh Creek, utility upgrades, and undergrounding of existing overhead utilities. This project will improve safety and traffic flow, and facilitate development.

Project Status:

This project is anticipated to be in the design phase in FY 2024/25 and the construction phase is anticipated in FY 2025/26.

Supplemental Information:

Brentwood Boulevard Widening North - Phase I is a multi-phase project. The portion from Havenwood Avenue to the Marsh Creek bridge was completed as part of the Meta Housing development project. The current Arco development project is widening Brentwood Boulevard between Homecoming and Sunset Roads. The remaining work consists of additional widening of Brentwood Blvd (including demolition of an abandoned structure at 7030 Brentwood Blvd.), undergrounding existing overhead utilities, and a new bridge over Marsh Creek. Funding for this project includes Roadway Development Impact Fees, allocation from the former Redevelopment Agency, and one-time funding from Caltrans associated with the transfer of State Route 4 currently reserved in the General Fund for this purpose. The City was unsuccessful in obtaining a $3.5M grant under the Caltrans Clean California Local Grant program in 2022, but will be pursuing alternate funding sources or exploring options to construct partial improvements with the limited available funding. There will be future annual O & M costs from routine maintenance such as pavement, stormwater, traffic striping, concrete, traffic signals, bridge, etc.

PROJECT EXPENDITURES Prior 2023/24 2024/25 2025/26 2026/27 2027/28 TOTAL 70239 Legal 50,000 $ 50,000
90040 Planning and Design 110,000 227,160 528,000 $ 865,160 90050 Construction 340 4,054,000 4,054,000 $ 8,108,340
90070 Project Administration 10,500 525,000 525,000 $ 1,060,500 90100 Land/ROW/Acquisitions 15,000 100,000 $ 115,000
TOTAL 135,840 $ $ 227,160 $ 4, 678,000 $ 4,579,000 579,000 $ 10, $ 199,000 PROJECT FUNDING Prior 2023/24 2024/25 2025/26 2026/27 2027/28 TOTAL 47100 General Fund 678,000 $ 678,000
47251 Development Impact Fees 318,127 2,822,000 $ 3,140,127 Redevelopment 44,873 $ 44,873
Unfunded 1,757,000 4,579,000 $ 6,336,000
TOTAL 363,000 $ $ 4, 678,000 $ 4,579,000 579,000 $ 10, $ 199,000

PROJECT FINANCING CURRENT PROPOSED
Project Category: Roadway Improvements
Location: Brentwood Boulevard from North of
Marsh Creek Bridge to Grant Street
Project Manager: A. Baquilar
Project Priority: 1E - Mandatory
Est. Completion Date: 2026/27
Future Annual
O & M Impact: $30,000
Public Art
Requirement: Applicable
General Plan Policy: CIR 1-1, CIR 1-2, CIR 1-3, CIR 1-8, CIR 2-2, IF 1-1

CITY COUNCIL AGENDA ITEM NO. F.10
02/27/2024
SUBJECT: An amendment to Title 17 (Zoning) of the Brentwood Municipal Code regarding oil and gas regulations
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager

TITLE/RECOMMENDATION
Waive the second reading and adopt Ordinance No. 1067 removing oil and gas development as conditionally permitted uses in Planned Development District No. 17 and Planned Development District No. 55, requiring oil and gas development uses to be expressly listed as permitted or conditionally permitted uses in a district to be permitted or eligible for conditional use permits, amending oil and gas production regulations, and finding the action exempt from CEQA (RZ 23-003).

Adoption of the ordinance is a discretionary action by the City Council and; therefore, subject to consideration under the California Environmental Quality Act (CEQA). The ordinance has been assessed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines, and the environmental regulations of the City.

Pursuant to CEQA and the CEQA Guidelines, it has been determined that the ordinance is exempt from CEQA, including without limitation, requirements for CEQA review, pursuant to the following exemptions: the “common sense” exemption under CEQA Guidelines Section 15061(b)(3) and the categorical exemption under CEQA Guidelines Section 15308 for Class 8 – Actions by Regulatory Agencies for the Protection of the Environment.

FISCAL IMPACT
There is no fiscal impact associated with adoption of the ordinance, other than staff time spent preparing it.

BACKGROUND
On February 13, 2024, the City Council held a public hearing to waive the first reading and introduce Ordinance No. 1067, which removes oil and gas development as conditionally permitted uses in Planned Development District No. 17 and Planned Development District No. 55, requires oil and gas development uses to be expressly

CITY COUNCIL AGENDA ITEM NO. F.10
02/27/2024
listed as permitted or conditionally permitted uses in a district to be permitted or eligible for conditional use permits, amends oil and gas production regulations, and finds the action exempt from CEQA (RZ 23-003). This second reading (or waiver thereof) is the last step required by state law to formally adopt the Ordinance.

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
Adoption of the ordinance is a discretionary action by the City Council and; therefore, subject to consideration under the California Environmental Quality Act (CEQA). The ordinance has been assessed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines, and the environmental regulations of the City.

Pursuant to CEQA and the CEQA Guidelines, it has been determined that the ordinance is exempt from CEQA, including without limitation, requirements for CEQA review, pursuant to the following exemptions: the “common sense” exemption under CEQA Guidelines Section 15061(b)(3) and the categorical exemption under CEQA Guidelines Section 15308 for Class 8 – Actions by Regulatory Agencies for the Protection of the Environment.

In connection with making the determination as to whether the ordinance is exempt from CEQA, staff evaluated the potential for environmental effects associated with the elimination of oil and gas development uses as permitted or conditionally permitted uses in PD-17 and PD-55 and the new regulations applicable to oil and gas uses, and evaluated the applicability of certain exemptions to these proposed ordinances.

Ultimately, due to the long-term cessation of oil and gas uses within the city and the imposition of enhanced regulatory requirements on oil and gas operators in the city,

CITY COUNCIL AGENDA ITEM NO. F.10
02/27/2024
the ordinance will result in beneficial effects that would promote protection of the environment. Such benefits include, but are not limited to:
 Improved land use consistency and compatibility between oil production areas and other surrounding community uses;
 As to air quality, incremental reductions in air pollutants locally and assisting the region in meeting clean air goals, and as to climate change, incremental reductions in the State’s contribution to GHG emissions;  Improved visual character and aesthetics by restoration of the areas affected by oil and gas land use activities to as near a natural state as practicable; and  Enhanced public health, welfare, and safety, and protection of the environment by further restricting locations in which oil and gas development uses may occur and regulating aged and outdated infrastructure that is vulnerable to failure and poses a threat to public safety and to the environment.

Staff considered whether restricting oil and gas production uses within city limits would have any negative environmental effects. Staff determined that, because there is currently no oil and gas production activity within the city, there would be no adverse impacts related to relocation of any such activities or related to any purported need for oil and gas resources to travel farther to refineries or end-users.

Staff has not identified any evidence that oil and gas produced in Brentwood, if any, would be refined or consumed within or near the city; and even if it were, the relatively small population of Brentwood (approximately 66,000 as of July 2022)1 and its correspondingly-sized demand for oil and gas products suggests that any increase in greenhouse gas emissions related to increased movement of oil and gas into the city would be insignificant. Moreover, the oil and gas extraction industry in the United States alone produces over ten thousand barrels of crude oil per day;2 any effects related to the redistribution of any contribution from within the city of Brentwood, should any occur, would be negligible.

1 “QuickFacts: Brentwood city, California,” United States Census Bureau, available at https://www.census.gov/quickfacts/brentwoodcitycalifornia (accessed December 2023). 2 “U.S. Field Production of Crude Oil,” U.S. Energy Information Administration, available at https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=PET&s=MCRFPUS2&f=M (accessed December 2023).

CITY COUNCIL AGENDA ITEM NO. F.10
02/27/2024
Finally, because there are no currently active oil and gas wells within the city or idle wells that may be re-engaged in the future, the changes to the regulatory provisions in Chapter 17.680 cannot lead to any impacts on the environment.

ALTERNATIVE OPTION(S)

1. Do not approve the ordinance.

2. Modify the ordinance based on legally defensible findings. An additional hearing may be required.

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

ATTACHMENT(S)

1. Previous Action

2. Ordinance No. 1067

PREVIOUS ACTION(S)
Previous actions related to this agenda item that were taken by the City Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.  On March 22, 2022, the City Council unanimously voted to direct staff to return with an interim moratorium on oil and gas drilling in the city, while continuing to research and prepare an ordinance that will target all such uses within 3,200 feet of sensitive receptor areas, and permanently ban oil and gas drilling within city limits.
 On April 12, 2022, the City Council unanimously voted to adopt an interim moratorium on oil and gas drilling in the city, so that staff could continue to research and prepare a long-term, forward-looking ordinance that will target 3,200 feet of sensitive receptor areas, and permanently ban oil and gas drilling within city limits, if appropriate.
 On May 24, 2022, the City Council unanimously voted to extend the interim moratorium on drilling, for a period of 10 months and 15 days, in accordance with Government Code section 65858(a).
 On March 28, 2023, the City Council unanimously voted to extend the interim moratorium for a final period of one year, in accordance with Government Code section 65858(a).
 On October 10, 2023, the City Council received an informational update from staff stating that a revised version of the proposed ordinance would be returned to the Planning Commission for further review and recommendation.
 On February 13, 2024, the City Council held a public hearing to waive the first reading and introduce Ordinance No. 1067, approving RZ 23-003.

ORDINANCE NO. 1067

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD REMOVING OIL AND GAS DEVELOPMENT USES AS

CONDITIONALLY PERMITTED USES IN PLANNED DEVELOPMENT
DISTRICTS 17 AND 55, REQUIRING OIL AND GAS DEVELOPMENT

USES TO BE EXPRESSLY LISTED AS PERMITTED OR

CONDITIONALLY PERMITTED USES IN A DISTRICT TO BE

PERMITTED OR ELIGIBLE FOR CONDITIONAL USE PERMITS,

AMENDING OIL AND GAS PRODUCTION REGULATIONS, AND

FINDING THE ACTION EXEMPT FROM CEQA
WHEREAS, the City of Brentwood (City) regulates oil and gas development within the City via Brentwood Municipal Code (BMC) Chapter 17.680, entitled “Oil and Gas Production,” and designates oil and gas development as conditionally permitted uses in Planned Development Districts 17 and 55, but the City now wishes to revise those designations and adopt a more robust set of regulations of oil and gas development activities; and
WHEREAS, on April 12, 2022, the City Council adopted Interim Urgency Ordinance No. 1036, pursuant to California Government Code section 65858, which authorized a temporary moratorium on new oil and gas development in the City of Brentwood, so that City staff could study and analyze the subject and prepare a comprehensive update to the BMC to regulate oil and gas activities moving forward; and
WHEREAS, in accordance with Government Code section 65858(a), the City Council subsequently extended said Urgency Ordinance for an initial period of 10 months and 15 days, followed by a final period of one year; and WHEREAS, after using the time provided by the adoption of the interim moratorium, staff has studied, analyzed, and reported on the benefits and detriments of enacting a permanent ban on new oil and gas development, and has recommended and prepared this Ordinance to restrict the locations in the City in which oil and gas development uses may be conducted subject to conditional use permits; and WHEREAS, due to the density of residential development in Planned Development Districts 17 and 55 and the presence of other sensitive uses in those districts, including public parks, daycare facilities, and preschools, as well as the significant adverse local health, safety, aesthetic, noise, and other impacts of oil and gas development, oil and gas development is no longer appropriate as a conditionally permitted use in those districts; and
WHEREAS, the revisions to Chapter 17.860 include the addition of a provision stating that, to be permitted or conditionally permitted uses in any zoning district in the City, oil and gas development uses must be expressly listed as permitted or conditionally permitted uses within that district; and

WHEREAS, as a result of the revisions to Chapter 17.860 and the changes to Planned Development Districts 17 and 55, oil and gas development uses will not be permitted or conditionally permitted uses in any zoning district in the City; but should a future change to zoning designations list oil and gas development as a permitted or conditionally permitted use in a zoning district, the amendments to Chapter 17.860 will better protect the health and safety of City residents and visitors; and WHEREAS, on May 2, 2023, the Planning Commission held a public hearing and unanimously adopted (1) a resolution recommending the City Council adopt an ordinance enacting a permanent ban on oil and gas developments within the City, and (2) a resolution recommending, in the alternative, that the City Council adopt an ordinance enacting more stringent regulatory control measures for existing oil and gas developments in the City; and
WHEREAS, on August 8, 2023, the City Council continued consideration of the matter to September 12, 2023; and
WHEREAS, on September 12, 2023, the City Council continued consideration of the matter to October 10, 2023; and
WHEREAS, on October 10, 2023, the City Council was provided an update on this matter, and informed that it would be brought to the Planning Commission for further review pursuant to Government Code section 65857; and WHEREAS, the proposed ordinance was presented to the Planning Commission for its further review pursuant to Government Code section 65857 on January 16, 2024; and
WHEREAS, the City published a Notice of Public Hearing in the Brentwood Press on February 2, 2024 in accordance with City policies and Government Code Section 65090; and
WHEREAS, adoption of the Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines because this ordinance will not cause a change in any of the physical conditions within the area affected by the ordinance; the Ordinance is also categorically exempt pursuant to Section 15308 of the CEQA Guidelines for Class 8 – Actions by Regulatory Agencies for the Protection of the Environment; and WHEREAS, on February 13, 2024, the City Council held a public hearing to waive the first reading and introduce Ordinance No. 1067.

NOW, THEREFORE, the City Council of the City of Brentwood does ordain as follows:

SECTION 1.Recitals. The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this ordinance.

SECTION 2. With respect to Brentwood Municipal Code Section 17.870.008, which provides:

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

The City Council finds the proposed ordinance is consistent with the City’s General Plan, particularly, but not limited to, General Plan Goal IF 1 (“Maintain and improve Brentwood's infrastructure to provide high-quality services and protect health and safety”) insomuch as this action will protect public health and safety; and Goal SA 4 (“Protect citizens from dangers related to the movement, storage, and manufacture of hazardous materials”), insomuch as this action will protect citizens from dangers related to the movement, storage, and manufacture of oil and gas.

The City Council likewise finds that the changes set forth by Ordinance No. 1067 are in service of the public health and welfare of the residents of the city of Brentwood, and thus are not inappropriate or otherwise contrary to the public interest.

Specifically, the City Council hereby makes the following findings:

A. Oil and gas development activities can have significant and prolonged environmental and health effects, including substantial increases in localized air pollution and emissions, which can in turn result in significant long-term climate change effects.

B. Other risks associated with such activities include adverse effects on reproductive health and birth weights, and the potential for workplace related incidents such as vehicle collisions and explosions/fires.

C. Restricting the locations of oil and gas development activities within the City of Brentwood protects the community’s ability to enjoy clean air and water, and to live and work in a healthy and thriving place.

SECTION 3. Amendment. Subdivision (H) of Section 17.467.002 of the BMC is hereby stricken in its entirety and replaced with the term “Reserved.” SECTION 4. Amendment. Subdivision (E)(12) of Section 17.505.004 of the BMC is hereby stricken in its entirety and replaced with the term “Reserved.” SECTION 5. Amendment. Chapter 17.680 is hereby amended in its entirety to read as set forth in Attachment A hereto, which is incorporated herein.

SECTION 6. Exceptions; procedures.

A. This ordinance shall not be applicable to the extent that it would violate the constitution or laws of the United States or the State of California.

This ordinance shall not apply to oil and gas exploration, development, or production projects for which the project proponent has obtained a vested right pursuant to state law prior to the effective date of this ordinance.

B. In the event a property owner contends that the application of this ordinance effects an unconstitutional taking of property without compensation, the property owner may request an exception to the application of this ordinance. The Planning Commission shall grant such an exception if it finds that both (1) the application of this ordinance would constitute an unconstitutional taking of property, and (2) the exception will allow oil and gas exploration, development, and production uses to the extent necessary to avoid such a taking.

In presenting a request to the Planning Commission, a property owner shall prepare and submit an exception application pursuant to BMC Chapter 17.800. The exception application shall be processed pursuant to Section 17.800.010. The Planning Commission’s determination under this sub-section may be appealed to the City Council in the same manner as prescribed in Chapter 17.880 of the BMC.

C. In evaluating requests for exceptions pursuant to sub-section B of this section, the Planning Commission’s decision shall be based on factors including the applicant’s reasonable investment-backed expectations in acquiring and improving the property, the value of the property and improvements, the zoning and regulatory history of the property, the remaining value and allowed uses of the property, whether oil and gas development uses would constitute a nuisance, and any other factor the Planning Commission reasonably determines is related to determining whether this ordinance has denied the property owner all or substantially all economically beneficial uses of the property.

SECTION 7.CEQA. The City Council finds that this ordinance is exempt from CEQA pursuant to the “common sense” exemption under CEQA Guidelines Section 15061(b)(3), as the action will not cause a change in any of the physical conditions within the area affected by the ordinance, and pursuant to the categorical exemption set forth at Section 15308 of the CEQA Guidelines for Class 8 – Actions by Regulatory Agencies for the Protection of the Environment.

SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to be unconstitutional or invalid by the decision of a court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions of this Ordinance or its application to other persons or places.

SECTION 9. Publication; Effective Date. This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the City Council at a second reading, and shall be posted and published in accordance with the California Government Code.

THE FOREGOING ORDINANCE was introduced with the first reading waived at the regular meeting of the Brentwood City Council on the 13 th day of February,
2024 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED:
______________________________
Joel Bryant, Mayor
ATTEST:
_________________________
Margaret Wimberly, MMC
City Clerk

ATTACHMENT A
Chapter 17.680 OIL AND GAS PRODUCTION

17.680.001 Title and purpose of provisions.

17.680.002 Definitions.

17.680.003 Permits required.

17.680.004 Development standards.

17.680.005 Sound level measurement— General.

17.680.006 Performance standards.

17.680.007 Consolidation of drilling sites.

17.680.008 Noise control officer designated.

17.680.009 Nonconforming drilling or production sites.

17.680.010 Nuisance.

17.680.011 Spills.

17.680.012 Building permits.

17.680.013 Insurance.

17.680.014 Indemnification.

17.680.015 Sale of wellsite.

17.680.016 Right of entry.

17.680.017 Notices.

17.680.018 Violations; enforcement.

17.680.019 Stop orders.

17.680.020 Revocation of permit.

17.680.021 Development encroachment in petroleum areas.

17.680.001 Title and purpose of provisions.

A. Title. The Provisions of Chapter 17.680 shall be known as the “oil and gas production regulations” of this title.

B. Purpose. The purpose of the “oil and gas production regulations” is to establish reasonable and uniform limitations, safeguards and controls for the present operation of and future drilling for and production of oil, gas, and other hydrocarbon substances within the city so that such activities may be conducted in harmony with other uses of land within the city, thus protecting the people of the city in the enjoyment and use of their property and providing for their comfort, health, safety and general welfare.

C. The council hereby finds and determines that uncontrolled oil, gas, and other hydrocarbon substance exploration, development, and production uses would be detrimental to the general welfare and public peace, health, safety, comfort, convenience, and prosperity of the citizens and residents of the city. Therefore, except as otherwise provided in this chapter, including compliance with all of the limitations and regulations on operations set forth in section 17.680.004, no person shall engage in oil, gas, or other hydrocarbon substance exploration, development, and production activities from any location within the city. Notwithstanding any other provision of this Code, oil and gas exploration, development, and production uses may be permitted or permitted subject to approval of a conditional use permit in a particular district

only when oil and gas exploration, development, and production uses are expressly listed as permitted or conditionally permitted uses in that specific district.

17.680.002 Definitions.

A. Those definitions provided in Public Resource Code Section (PRC) 3000 et seq., relating to oil and gas exploration and production shall apply to this chapter and are adopted herein by reference. In addition to those definitions in the PRC, the following shall apply:

B. All terminology used in this chapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
“Ambient noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
“A-weighted sound level” means the sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
“Decibel” means a unit for measuring the amplitude of a sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty microPascals.
“Emergency work” means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
“Equivalent sound level, Leq (dBA)” means the level of a steady sound which, in a stated time period and at a stated location, has the same A-weighted sound energy as the time-varying sound. Mathematically, Leq is determined as follows:
(REF EPA “—LEVELS—,” 550/9-74-004, March, 1974.)
The Leq can be estimated from direct observations of a hand held sound level meter with the following equation:

(REF; ANSI SI.13-1971, PAGE 23)
“Noise control officer (NCO)” means the municipal agency or department having lead responsibility for this chapter. (If no such agency is designated, the term shall mean the municipal official having lead responsibility for this chapter.) “Noise disturbance” means any sound which, as judged by the noise control officer:

1. Endangers or injures the safety or health of human beings or animals, or

2. Annoys or disturbs reasonable persons of normal sensitivities, or

3. Endangers or injures personal or real property, or

4. Violates the factors set forth in Section 17.680.005.

Compliance with the quantitative standards as listed herein shall constitute elimination of noise disturbance.
“Production facilities” means all equipment, pipelines, etc., used for the purpose of producing or transporting oil, gas and other hydrocarbon substances within or through the City of Brentwood, excluding normal public utility gas lines. “Pure tone” means any sound which can be judged as audible as a single pitch or a set of single pitches by the noise control officer. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of five hundred Hz and above and by eight dB for center frequencies between one hundred sixty and four hundred Hz and by fifteen dB for center frequencies less than or equal to one hundred twenty-five Hz.
“Sensitive receptor” means a residence, including any private home, condominium, apartment, or living quarter; an education resource, including a preschool, kindergarten, grades 1 to 12, day care center, park, playground, university, or college; a community resource center, including a youth center; a health care facility, including a hospital, retirement home, or nursing home; live-in housing, including a long-term care hospital, hospice, or dormitory; and any building housing a business that is open to the public.
“Sound level meter” means an instrument meeting or exceeding American National Standard Institute’s Standard S1.4-1971 for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

17.680.003 Permits required.

Appropriate permits shall be obtained from the city for all oil, gas or other hydrocarbon operations including, but not limited to, seismic or geophysical oil or gas exploration or survey, drilling a new or reworking an existing well for oil, gas or other hydrocarbon substances, construction of related facilities for oil, gas or other hydrocarbon production. It shall be unlawful and a nuisance for any person to conduct any drilling operation or to drill and produce any oil and gas well or well hole in the surface or subsurface of the city from any drill site without first having applied for and obtained the requisite permits. The following permits shall be required:

A. A conditional use permit shall be obtained prior to the drilling of a new well or the reworking of an existing well which has not complied with these regulations, or prior to the construction of any new related facilities for the production of oil, gas or other hydrocarbon substances within or through the city excluding normal public utility gas lines.

B. A temporary use permit shall be obtained prior to seismic or geophysical surface-based exploration or survey for the purpose of locating gas, oil or other hydrocarbons, excluding any exploratory drilling operations which are subject to a conditional use permit.

C. A temporary use permit shall be obtained by the operator prior to any reworking of a well that has previously complied with these regulations.

D. Emergency Work. Whenever it is necessary to do work on a well to prevent a hazardous condition or the loss of the well, the operator is authorized to do such work without permits; however, the operator must immediately report any emergency which has the potential of threatening adjoining properties. All other emergencies must have a preliminary report submitted to the city within twenty-four hours and a final report within five working days after the emergency work is completed. Such emergency work shall be excluded from the maximum permissible sound levels during the term of the emergency only.

E. Administrative Conditional Use Permit. Applications for new or redrilled wells and/or production facilities shall be reviewed and acted on by community development department staff at a public hearing. Staff may refer any such case to the planning commission for review and action. Any staff decision may be appealed to the planning commission by any interested party upon filing a written appeal request and payment of an appeal fee as provided for under the provisions of appeal of a planning commission decision in the zoning ordinance.

F. Application Submittal. All applications for conditional use permits listed in subsection A of this section, shall include the following information in addition to the standard information required for a conditional use permit application:

1. Plan of drill site, production, storage and all surface facilities, including each derrick, tank, sump, pipeline, boiler and other existing and proposed

equipment, including the distance to all existing and approved dwellings and other structures and land uses within a three thousand two hundred foot radius of the subject oil/gas facility;

2. Names and addresses of the mineral, surface and lease owners of the subject well and parcel;

3. A statement of the provisions for water for the drill rig;

4. Name and address of the person upon whom service of process upon applicant may be made, and a consent that service of summons may be made upon such person in any action to enforce any of the obligations of the applicant;

5. A statement that the applicant has the right, by reason of ownership or the permission of the owner, to pass through and enter all property through which such well is proposed to pass and that the applicant is duly authorized by the property owner to make and file the application;

6. A complete legal description of the subject site;

7. A brief description of the manner in which the oil will be produced and transported if the drilling operation is successful;

8. An oil spill contingency plan that specifies the location, description of responsibilities for cleanup and monitoring, disposition of wastes, and reporting incidents;

9. A phasing plan for the staging of the drilling operations, including but not limited to, an estimated timetable for project construction, operation, completion and abandonment, as well as location and amount of land reserved for future expansion;

10.Copies of all other required permits, insurance and bonds, including, but not limited to, those required by the California Department of Conservation Geologic Energy Management Division (CalGEM), the Regional Water Quality Control Board and the Bay Area Quality Management District;

11.An acoustical study prepared by a qualified acoustical engineer documenting existing ambient noise levels over a twenty-four hour period on the drill site and within a five hundred foot radius, if there are any occupied buildings within that radius;

12.Any and all other information that the city may, in its discretion and from time to time, require;

13.A written agreement duly executed by the applicant that in the event a permit is issued to him or her by the city, he will, as a condition to any of his operations within the city, faithfully comply with and abide by each and all of the provisions, requirements, and conditions of this chapter, and conditions of approval.

17.680.004 Development standards.

The following development standards are applicable to all drilling or production operations within the city unless approved otherwise through the conditional use permit procedure:

A. All oil and gas development related buildings, structures, equipment, systems, and drilling and production operations shall comply with the provisions of this code,

California Public Resource Code Section 3000 et. seq., all regulations of CalGEM and the State Division of Industrial Safety, and all other agency regulations which apply to such operations.

B. Minimum Production Site Size. All production sites shall be minimum of three acres in size in order to accommodate consolidation of drill site, equipment, soundproofing, landscaping, circulation, and allow for reuse of the property at such time as the site is no longer utilized for drilling operations, unless a smaller site is approved by the planning commission through the conditional use permit procedure after careful consideration and the planning commission determines that a smaller site can accommodate all equipment, landscaping, etc., and is of adequate size for reuse.

C. Access Roads and Production Site. All private roads used for access to the production site and the production site itself shall be surfaced with a permanent or semi-permanent surface such as rock or gravel and maintained to prevent dust or mud.

D. Sumps or Ponds. All sumps, sump pits, ponds or similar devices such as portable tanks constructed onsite for the purpose of holding waste material shall be lined to prevent such waste material from penetrating into the soil. Furthermore, when such sump, pit or pond is no longer needed, it shall be excavated of all foreign materials and filled with compacted earth to the level of the surrounding terrain.

E. Fencing. All sumps, pits, excavations and production sites shall be enclosed with a fence, the type of fencing and height to be determined by the planning commission at the time of consideration of the conditional use permit. The fencing required by the planning commission shall be at least as protective of the environment as that required in 14 Cal. Code Regs section 1778.

F. Abandonment of Site. At such time as the oil or gas drilling or production site is abandoned, the responsible party shall abandon the site in accordance with CalGEM regulations for urban areas and all other applicable regulations. Furthermore, the drill or production site and all access roads shall be restored to their original condition or as nearly as practicable unless approved otherwise by CalGEM and the planning director of the city upon receipt of a written request by the property owner. The responsible party shall furnish the city with a copy of the CalGEM approval showing compliance with all abandonment proceedings under state law.

G. Nonproducing Well. Whenever the cost of production exceeds the revenue produced by an oil or gas well or whenever a well is shut down for a period of ninety consecutive days or more, it shall be considered a nonproducing well. When a well is determined to be nonproducing or is shut down for ninety consecutive days or more, the operator shall report to the city the status of such a well.

The operator shall then have ninety days to conduct an engineering evaluation to determine the economic viability of continuing production operations. If it is

determined that the well is no longer economically viable, the well shall be abandoned in conformance with Section 17.680.004(F).

The operator shall submit, upon request, reports to the city on each well reflecting the cost/revenue ratio of each well in order to determine if the well is nonproducing.

H. Site Development. At the time of application for a conditional use permit to all drilling and production, the applicant shall submit a plan showing relationship to existing land use, ultimate land use if different, and shall indicate proposed mitigation measures to all anticipated impacts including, but not limited to, noise, light or glare, odor, traffic, aesthetics, etc. Furthermore, the application shall include a plan for the ultimate reuse of the drilling or production site and how the ultimate use of the site will relate to adjacent uses.

I. Screening and Landscaping Production Sites. All oil or gas production sites shall be adequately screened from adjoining properties and public rights-of-way, with the specific type of screening and landscaping to be determined by the planning commission at the time of consideration of the conditional use permit.

J. Well Location. No new well, storage tank, or production facility shall be located within three thousand two hundred feet of any sensitive receptors.

K. Soundproofing. If drilling or redrilling operations are located within one thousand feet of an occupied building, noise sources associated with the operation shall be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits contained in this chapter. Permittee shall install every device in the nature of exhaust mufflers and other equipment for the elimination of noise, obtainable and practicable for that purpose, on all operating machinery and equipment and on the well in all instances where objectionable noises might otherwise exist.

Soundproofing shall be installed prior to commencement of operations and shall include but not be limited to the following:

1. Any well which is to be drilled or redrilled, and which is within five hundred feet of an occupied building, shall have all parts of a derrick above the derrick floor, including the elevated portion used as a hoist, enclosed with fire resistive soundproofing blanket or panel material. Such soundproofing shall comply with accepted American Petroleum Institute standards and shall be subject to fire department regulations. All doors shall be closed during drilling, except for ingress and egress and necessary logging, testing and well completion operations. Alternative materials or methods of noise abatement may be used, such as electric power for drilling, provided such alternative is approved by the planning commission. The commission may approve any such alternative if they find that the proposed material and/or method have equal soundproofing properties and fire resistive qualities to being enclosed as stated above. Any alternative may require the submission of evidence by the permittee to substantiate any claims that may be made regarding the use of such alternatives. The planning commission may waive these soundproofing requirements if they find them unnecessary.

2. Any well which is to be drilled or redrilled, and which is within five hundred one feet to one thousand feet of any occupied building, shall be enclosed by a plywood fence with fire resistive sound insulating material on the interior of the fence. The fence shall specifically enclose all generators and the drill rig itself, to a height of twenty feet from grade. Alternative materials or methods of noise abatement may be used, such as earthen berms, other sound insulating materials, or other methods proposed by applicant, or electric power for drilling, provided such alternative is approved by the planning commission. The commission may approve any such alternative if they find that the proposed material and/or method have equal soundproofing properties and fire resistive qualities to being enclosed as stated above. Any alternative may require the submission of evidence by the permittee to substantiate any claims that may be made regarding the use of such alternatives. The planning commission may waive these soundproofing requirements if they find them unnecessary.

L. Signs. All oil/gas facilities shall have a legible, permanent, prominently displayed and maintained metal sign no less than two square feet in area containing the following: name of the drilling contractor, name of the owner or operator, twenty-four hour emergency phone number, lease name and name and number of the well. If the operator changes, it will be the new operator’s responsibility to replace the sign within thirty days after the change.

M. Derricks. All derricks and masts shall be consistent with California Division of Industrial Safety and OSHA standards, be at least equivalent to the standards and specifications of the American Petroleum Institute (API), and meet the following standards:

1. All derricks or masts, standard or portable, used for drilling, redrilling, rework, production or servicing, within two hundred feet of a public rightof-way or building, shall have derrick crown(s) shrouded to prevent oil and water spraying into the air.

2. All derricks and masts hereafter erected for drilling, redrilling or rework shall be removed within thirty days after completion of the work unless otherwise ordered by the director of CalGEM.

N. Permittee shall immediately remove the derrick and all other structures not required in the event gas only be produced from the well and erect a suitable and sightly structure over the well of the most modern and approved design for the purpose, using only such space for the same as is necessary, and also shall fill all holes and excavations, save the well, and restore all surfaces to their original condition.

O. Storage Tanks/Production Equipment.

1. Unless otherwise permitted by the planning commission, the total capacity of oil storage facilities shall not exceed two thousand barrels per well, and

no tank shall exceed one thousand barrels capacity. Tanks shall be constructed and maintained to be vapor tight.

2. Each oil, gas separator shall be equipped with both a regulation pressurerelief safety valve and a bursting head.

3. No storage tank shall be erected closer than fifty feet from any building, nor shall any building be erected within fifty feet of any storage tank. The city may permit this distance separation to be reduced for low occupancy industrial or warehouse buildings, subject to additional or special safety of fire systems requirements which may be approved and imposed by the fire district. These distance provisions shall not apply to any tank or related facility constructed prior to 1998.

4. All tanks and attached fixtures shall be constructed and maintained in accordance with American Petroleum Institute, OSHA, California Division of Industrial Safety, CalGEM, National Fire Protection Association (NFPA), and EPA standards.

5. Tanks shall rest directly on the ground or on foundations or supports of gravel, concrete, masonry, piling or steel. Tank foundations shall be elevated, level and larger in diameter than the tank itself. Exposed piling or steel tank supports shall be protected by fire resistive materials to provide a fire resistance rating of not less than two hours. Tank supports and connections shall be designed and installed to resist damage as a result of seismic activity.

6. No tank for storage of any flammable liquid shall be located closer than three feet to any other such tank.

7. New tanks used for storage of crude petroleum and other flammables shall be diked or provided with diversion walls and catchment basins, or combinations thereof, to meet the requirements of CalGEM and NFPA. The volumetric capacity of a diked area shall not be less than capacity necessary to hold the full volume of the largest tank below the height of the dike.

8. Dike walls shall be of concrete, solid masonry or earth designed and maintained to be liquid tight and to withstand a full hydrostatic head, except that all dikes in residential zones shall be solid masonry or poured in place concrete. Asphaltic surfacing shall be required on all earthen dikes.

Surfacing shall be impervious and prevent leaching through pavement.

9. All tank piping, valves, fittings and connections including normal and emergency relief venting, shall be installed and maintained in accordance with current API standards.

10.All production equipment shall be kept painted in neutral, earthtone colors and maintained at all times.

17.680.005 Sound level measurement— General.

A. Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in Section 17.680.002 and shall conform to methods prescribed by ANSI or its successor. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.

B. The location selected for measuring exterior noise levels shall be at a point within the property line of the receiver’s location. Where feasible the microphone shall be at a height of three to five feet above ground level and shall be at least ten feet from walls or similar reflecting surfaces.

C. A microphone windscreen shall be utilized for all outdoor measurements.

D. Where possible, sound level measurements shall be conducted during fair to dry weather conditions with average wind velocities of less than ten miles per hour.

In all cases weather information shall be documented during the sound survey interval. Items to report shall include but are not limited to wind velocity and direction, dry and wet bulb temperature (degree in Fahrenheit), and relative humidity (percent).

E. Although the use of sophisticated acoustical instrumentation for the measurement of equivalent sound level, Leq, (dBA) is available and its use is preferred; it is not essential for the purposes of this chapter. The equivalent sound level (Leq) of the noise source in question may be estimated using a hand held sound level meter by averaging at least twenty separate observations over a measurement interval that is representative of a typical one hour operation of the noise source. Depending on the character of the noise source the measurement interval may vary from as little as a few minutes to as long as one hour.

F. “Slow” meter response is generally preferred. However, if the noise source changes level rapidly in a random fashion several times a minute, exceeding a ten dB dynamic range, then “fast” response shall be used. The noise control officer can make a determination of the appropriate meter, meter response, “fast” or “slow” to be used in those cases that are unclear.

17.680.006 Performance standards.

The following noise performance standards are applicable to all drilling or production operations within the city unless approved otherwise through the conditional use permit procedure. The noise levels caused by drilling, redrilling or production operations shall be monitored on a complaint basis or periodically at the discretion of the noise control officer of the city. The cost of such noise monitoring shall be borne by the operator conducting such drilling, redrilling or production operations.

A. Maximum Permissible Sound Levels by Receiving Land Use. No person shall operate or cause to be operated any oil drilling or production equipment at any location within the incorporated city which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed the noise level limits set forth for the receiving land use category in Tables 17.680.006(1) and

17.680.006(2).

Table 17.680.006(1)

EXTERIOR NOISE LIMITS FOR DRILLING OR REDRILLING OPERATIONS Receiving Lane Use Category Time Period
Equivalent Sound Level,
Leq, (dBA) for any hour
Residential 7:00 a.m.—10:00 p.m. 75
10:00 p.m.—7:00 a.m. 50
Agricultural, Commercial or
Industrial
7:00 a.m.—10:00 p.m. 75
10:00 p.m.—7:00 a.m. 70
Table 17.680.006(2)

EXTERIOR NOISE LIMITS FOR PRODUCTION OPERATIONS
Receiving Lane Use Category Time Period
Equivalent Sound Level,
Leq, (dBA) for any hour
Residential 7:00 a.m.—10:00 p.m. 55
10:00 p.m.—7:00 a.m. 45
Agricultural, Commercial or
Industrial
7:00 a.m.—10:00 p.m. 60
10:00 p.m.—7:00 a.m. 50
B. Noise Abatement Methods. The noise abatement method(s) in which the operator meets the noise level standards in Table(s) 17.680.006(1) or 17.680.006(2) shall be determined by the operator to allow the operator the flexibility of utilizing the most efficient and cost effective method(s) available to the operator.

1. If noise complaints are received by the city, or if noise levels exceed those permitted by this chapter, a noise violation notice shall be issued to the operator.

2. Upon receipt of notice, the operator shall submit for the approval of the community development department the procedures the operator will undertake to correct the violation. Corrective measures must be initiated within twenty-four hours of operator’s receipt of the notice. The city may require additional or follow-up noise field tests by an acoustical engineer to ensure compliance, in which case the operator shall pay the actual costs to the city for such tests.

3. Failure to comply shall be reason for the city to limit drilling, redrilling or other operations to daylight hours (seven a.m. to seven p.m.)

4. Nothing shall preclude the city from pursuing other administrative or legal remedies to obtain compliance.

C. Adjustment for Ambient Noise Level. In the event the ambient noise level exceeds those limits established in Tables 17.680.006(1) or 17.680.006(2), then the planning commission may adjust the “exterior noise limits” upward for the particular site in question to reflect said ambient level only after careful consideration of all pertinent data. However, in no case will the “exterior noise limits for production operation,” Table 17.680.006(2), be increased by more than ten dBA.

D. Correction for Character of Sound, Production Operations Only. In the event the alleged offensive noise, as judged by the noise control officer, contains a steady audible tone such as a whine, screech, or hum, the standard limits set forth in Table

17.680.006(2) shall be reduced by five dBA.

E. Pulsating or intermittent noise activities such as hammering or rocking pipes, acceleration and deceleration of engines or motors, low speed compressors which fire intermittently and other such pulsating or intermittent noises shall be prohibited between the hours of ten p.m. to seven a.m. for all drilling operations and shall be prohibited at all times for all production operations if such noise creates a nuisance within any residential, commercial or industrial area.

F. Light or Glare. It is unlawful for any person to operate, or cause to be operated any oil production equipment on any well, or incidental to a well, within the incorporated limits of the city in any manner so as to direct any light or glare such that it negatively impacts any adjoining residential or commercial land uses.

Furthermore, such light or glare must be directed away from any public street such that it will not create a traffic hazard.

G. Waste Discharge. At no time shall any waste matter be discharged into the public sewer, storm drain, or irrigation systems, any stream or creek, or into the ground, except in accordance with the regulations or requirements of all applicable local, state or federal agencies.

H. Vibration. Any ground vibration generated by any oil or gas drilling or production operation which is discernible at any developed property shall be prohibited. Vibration dampening equipment of the best available technology shall be installed as required by the city so as to reduce vibration to a minimum. No drilling shall be commenced until the building official has approved the vibration dampening equipment installation, and drilling shall be discontinued at any time the building official determines that the vibration dampening equipment is not functioning as intended, such that vibrations are discernible from developed properties.

I. Fire, Safety and Explosion. All uses shall provide adequate safety devices against fire, explosion and other hazards and adequate firefighting and fire suppression equipment in compliance with applicable fire prevention codes.

J. Air Pollution. All uses shall comply with regulations of the San Francisco Bay Area Air Pollution Control District.

K. Flaring Wells. The flaring of wells shall be limited to daylight hours only.

L. Heavy Equipment. Transport of heavy equipment or large trucks to and from the production site shall be limited to the hours of seven a.m. to ten p.m.

17.680.007 Consolidation of drilling sites.

A. At all times when practical and reasonable, new drill sites shall be developed at an existing established drill site in order to free more land for other uses and reduce the interface between oil or gas activities and other land uses, thereby making the potentially adverse impacts from such operations easier to mitigate; and provide for the opportunity to establish greater buffers and separation between oil or gas facilities and other uses.

B. Whenever a new drilling site is proposed, the proponent shall analyze, in conjunction with the city and CalGEM, all gas or oil zones and the typical reach of directionally drilled wells in order to establish a site where all or most of the resource can be removed from one drilling site.

17.680.008 Noise control officer designated.

The noise control officer shall be the planning director or a person designated by the planning director of the city. The noise control officer is authorized to enter property for the purpose of investigating complaints of noise or for normal periodic checks of noise levels at drilling or production sites.

17.680.009 Nonconforming drilling or production sites.

Drilling or production sites legally established within the unincorporated area and subsequently annexed to the city of Brentwood may continue without complying with the requirements of this chapter provided the site or operations on the site do not create a public nuisance as defined within this chapter. Whenever an existing drilling or production site which has not complied with these regulations is reworked, meaning that the intensity of the use on the site is increased or the size of the operation is enlarged, it shall then comply with these regulations. A nonconforming use that is

changed to, or replaced by, a conforming use shall result in termination and subsequent abandonment of the nonconforming use.

17.680.010 Nuisance.

No person shall conduct any oil or gas operation in a manner that would create any noise, odor, or vibration detrimental to the health, safety, or welfare of the surrounding area or any reasonable number of persons. Such manner of operation is declared to be a public nuisance and when determined by the city that a drilling site or operation constitutes a public nuisance, the city shall take all actions necessary and available to abate such nuisance.

17.680.011 Spills.

In the event of any leak or spill of any pollution or deleterious substance, whatever the cause thereof, the permittee shall notify the community development department.

If, in the judgment of the city, such leak or spill represents a potential environmental hazard, the city may issue whatever corrective orders deemed appropriate, and may require the appropriate testing of the surface and subsurface for pollutant incursion, the cost of such tests to be borne by the permittee.

17.680.012 Building permits.

Building permits shall be secured for all permanent structures in conformance with the Uniform Building Code. Electrical permits shall be required for all electrical connections for drilling/redrilling and/or pumping units if electrical motors are utilized.

17.680.013 Insurance.

No operations shall commence until the applicant files with the city insurance certificates as follows:

Permittee shall carry a policy of standard comprehensive general public liability insurance for the drilling period, including coverages for: sudden and accidental pollution including the cost of environmental restoration, underground resources coverage and completed operations. The policy shall insure the city against all costs, charges and expenses incurred by it for cleanup of sudden and accidental pollution.

The insurance shall name the city as an additional insured for third party liabilities arising from any oil/gas drilling operations insured under the certificate during the period of coverage. Insurance shall include contractual liability covering bodily injuries and property damage, naming the permittee and the city of Brentwood, in the amount of one million dollars per occurrence. The deductible must be no greater than ten thousand dollars. The policy shall provide for a thirty day cancellation notice to the

city in the event the policy will be terminated for any reason except nonpayment of premium in which case the notice period shall be ten days.

17.680.014 Indemnification.

The operator shall indemnify, defend and hold the city, and their elected officials, officers, agents and employees free and harmless from all actions, suits, claims, demands, liability, costs, and expense, including prosecution claimed or established against them, or any of them, for damage or injuries to persons or property of whatsoever nature, arising out of or in connection therewith the acts or omissions of operator, its servants, agents, or employees, or to which operator’s negligence shall in any way contribute, or arising out of the operator’s failure to comply with the provisions of any federal, state or local statute, ordinance or regulation applicable to the operator.

17.680.015 Sale of wellsite.

Whenever a well is to be sold, the permittee shall notify the community development department in writing a minimum of thirty days prior to the effective date of sale.

17.680.016 Right of entry.

Any officer or employee of the city whose duties require the inspection of the premises shall have the right and privilege, at all reasonable times, to enter upon any premises upon or from which any operations being conducted for which any permit has been issued or is required, for the purpose of making any inspections. No owner, occupant, or any other person having charge, care, or control of any premises shall fail or neglect to permit entry.

17.680.017 Notices.

Every operator of any well shall designate an agent, who must be a resident of the state during all times he or she serves as agent, upon whom all orders and notices may be served in person or by mail. Every operator shall, within five days, notify the community development department in writing of any change in such agent or mailing address. The operator shall submit to the community development department a copy of the CalGEM report of property/well transfer/acquisition within thirty days after sale, assignment, transfer, conveyance or exchange of any oil/gas facilities.

17.680.018 Violations; enforcement.

A. Any violation of this chapter is hereby declared to be a public nuisance, and the city attorney shall, upon order of the council, immediately commence an action and

proceedings for the abatement, removal, and enjoinment thereof in any manner provided by law, including applying to any court having jurisdiction to grant such relief as may be necessary to restrain and enjoin any person from committing such violation.

B. Violations of this chapter are further hereby declared to constitute a misdemeanor.

17.680.019 Stop orders.

If any operator is violating any of the provisions of this chapter which affect public health and safety, the city may issue a stop work order for immediate cessation of operations. The operator shall immediately comply with the order and shall not resume operations until written consent from the city has been obtained, or unless ordered by CalGEM due to special or emergency circumstances.

17.680.020 Revocation of permit.

Any permit issued pursuant to the provisions of this chapter may be revoked by the planning commission, or on appeal by the city council, upon a finding:

A. That permittee has failed, neglected, or refused to comply with and abide by any of the conditions of their permit; or
B. That permittee has failed, neglected, or refused to comply with and abide by, or has in any way violated any of the provisions of this chapter, any other ordinance of the city, or any other law, rule or regulation, either directly or indirectly, by reason of, in connection with, or incident to his or her operations under the permit or upon the premises covered by such permit; or
C. If any of permittee’s operations, or the continuance thereof, upon the premises covered by his/her permit are or are likely to become a menace or hazard to business, to any public property, to any interest of the city, or to the lives or safety of persons; or
D. If permittee shall have made any willful misrepresentation of fact in any application for such permit or in any report or record required by this chapter to be filed with or furnished to the city by permittee.

E. Any permit, either in connection with a proceeding for the revocation thereof or otherwise, may be suspended by the commission or council upon finding that the operations of the permittee constitute or have become an immediate menace or hazard to commerce, to any public property, to any interest of the city, or to the lives

or safety of persons. The suspension and/or revocation of any permit shall be made and accomplished in the following manner.

F. Following a public hearing by the planning commission, or on appeal by the city council, notice of suspension and/or revocation shall be served upon permittee, stating the reasons and grounds upon which the proposed action is based, requiring permittee within fifteen days after the service upon him or her of such notice, to cure and remedy any fault, noncompliance, or violation of any condition for which suspension or revocation of the permit may be made. Said permit shall, without any further or other action of or by the city, be revoked five days after the time herein provided for the curing of any default, or within any further times as the commission or council may have granted, has expired.

G. At such hearing, the permittee and the public shall be given an opportunity to present information relevant to consideration of suspension or revocation of the permit.

H. It is unlawful to carry on any of the operations authorized by any permit during any period of suspension or after revocation; provided that nothing shall prevent the performance of such operations as may be ordered by CalGEM, necessary for safety, or necessary to cure and remedy the default, noncompliance or violation for which suspension or revocation was ordered.

CITY COUNCIL AGENDA ITEM NO. G.1
02/27/2024
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, Director of Community Development Miguel Contreras, Associate Planner

TITLE/RECOMMENDATION
The Planning Commission recommends that the City Council approve the project by adopting three separate resolutions: one adopting a Mitigated Negative Declaration for the project (SCH#20231003390); one approving a Vesting Tentative Subdivision Map (VTSM 9597) for the subdivision of a 16.32-acre parcel into 37 single-family residential lots; and one approving a Design Review application (DR 22-005), subject to certain findings and conditions.

The Planning Commission’s recommendation includes 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 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/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, just east of O’Hara Avenue (APN 018-060-006 and -007).

As noted below, the project that the Planning Commission recommended approving is slightly modified from what the applicant proposed. As noted below, the applicant subsequently suggested further modifications to the project for the City Council’s consideration.

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

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by the standard conditions of approval are included as individual conditions of approval where appropriate.

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
This project has evolved throughout its processing. In order to provide the City Council and the public with a clear understanding of the project, this staff report addresses (1) the Applicant’s original project (the “Original Project”), (2) the version of the project considered by the Planning Commission (“Revised Project #1); (3) the version of the project the Planning Commission ultimately recommended for approval (the “PC Recommended Project”), and (4) the Applicant’s revised project, as submitted on January 23, 2024 (“Revised Project #2”) (see attached Comparison Matrix).

THE ORIGINAL PROJECT

ORIGINAL PROJECT DESCRIPTION
In April 2022, Seecon Financial submitted applications VTSM 9597 and DR 22-005 requesting that the City approve a subdivision consisting of 34 single-family homes and a set of duet units, for a total of 36 single-family homes on 36 lots. Under this Original Project application, the project would have included two lots with long “wings.” This unusual formation was suggested by the applicant to satisfy the City’s density transition policy. This policy requires that any new lots facing or abutting existing residential lots of one acre or more to generally have a minimum lot size of 20,000 square feet. Since the project site is surrounded on three sides by lots that are larger than one acre, the project would have to provide 20,000 square foot lots immediately adjacent to those large neighboring lots.

While this requirement is objective in nature and can be enforced, the City’s land use regulations do not include any objective standards as to required lot shape or configuration. Thus, the applicant proposed to meet the letter of the policy by adding “wings” to two of the project’s lots, thus technically meeting the 20,000 square foot buffer requirement, as shown on the following map:

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Figure 1: Subdivision map with “wings”
REVISED PROJECT #1
REVISED PROJECT #1 DESCRIPTION
In addition to the Original Project, the applicant also indicated that she would be willing to build a revised version, one that did away with the “wings” shown above.

In order to avoid providing 20,000 square foot lots in compliance with the City’s density transition policy, the applicant proposed to waive that policy by using the State Density Bonus Law (SDBL). While this law is often used to increase the density of a given project, the applicant here was proposing to use it to employ one of the SDBL’s benefits for developers: the waiver of local development standards (i.e., the density transition policy that would otherwise require 20,000 square foot lots on three sides).

Under this version of the project, the applicant needed to increase the amount of affordable housing being offered, so as to qualify for the SDBL and its benefits.

Applicant proposed to meet the affordable housing obligations of Revised Project #1 as follows:

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 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. As such, the project is only required to meet the 10% inclusionary housing requirements in effect at the time the application was submitted, rather than the current 13% requirement (the applicable Affordable Housing Ordinance is attached). With the Revised Project #1, 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 (if accepted by the City) would count as two low income units, per the Ordinance.
 Density Bonus
In addition to the above, the applicant was 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 provides five housing units in the bedrooms of the home with common areas for cooking and gathering, as allowed through the SDBL. Shared housing is “…a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents.” (Government Code Section 65915(o)(7)(A)(i).) Lastly, the applicant proposed that this shared housing building be contained in one of the duet units offered for dedication to the City.

All of the above is explained in further detail in the attached December 5, 2023, Planning Commission staff report.

PLANNING COMMISSION DECEMBER 5, 2023 RECOMMENDATION
The applicant’s Revised Project #1 was 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 did 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.

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While a shared housing building is allowed through the SDBL, the Planning Commission expressed concern that the units would be out of character with the greater city fabric and other units in the affordable housing program. The Planning Commission therefore recommended that the City Council approve yet another version of the project (the PC Recommended Project) that included the elimination of the shared housing building and an additional set of duet units. This alternative would create 37 lots, instead of 36, and two sets of duet units, instead of one. 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.

At the public hearing, the applicant indicated a willingness to consider the Planning Commission’s recommendation, but did not commit to a willingness to replace her project proposals with the Planning Commission’s.

SUMMARY OF PLANNING COMMISSION DISCUSSION
On December 5, 2023, the Planning Commission held a public hearing to consider the project. 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).

Planning Commission Questions
After Staff’s presentation, the Planning Commission asked a few clarifying questions on the following topics:

1. Self-retaining water facilities (pervious surface) versus traditional retaining facilities (bio swales). Revised Project #1 proposed pervious surfaces on all road segments and driveways, as well as water retention areas on all side yards. While this is not common, it is also not inferior. The City Engineer 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. Maintenance of these facilities would be the responsibility of the project’s HOA.

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

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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, nor is the City required to do so.

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 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 was the preferred location, as 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 shelters. Staff clarified that these shared housing units would not be associated with either. The SDBL defines these

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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. In her presentation, Ms. Seeno gave a general overview of the Revised Project #1 and emphasized 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 sought waivers 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 pay an in-lieu fee and eliminate the park from the plans, given that the development is less than 50 units. 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 questions for the applicant on topics including:

1. Whether the applicant built other developments that employ the same bio retention areas as the Revised Project #1. 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. Whether the applicant would be opposed 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.)

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3. Opposition to moving the park to another location 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.

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. 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, adding that, since this building is offered for dedication, 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 income eligible households.

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 one unit – 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

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housing ordinance. Therefore, the tentative map could not be approved 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.

Public Comments
Three comments were received during public comment. The first comment was from a neighbor (to the north) who had concerns regarding his property, which houses a dog training facility, abutting the new development. His concerns were 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, which could lead to an accident.

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 second 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 wall. 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 commenter had questions regarding the proposed drainage and the fiveunit 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

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water retention areas. Furthermore, these areas have been engineered to prevent flooding issues.

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.

Planning Commission Deliberation
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.

PC RECOMMENDED PROJECT

After substantial deliberation, the Planning Commission ultimately recommended that the project be modified to provide 37 units, including two sets of duets, with no shared housing building (the PC Recommended Project). This would cause minimal modifications to the Revised Project #1, as shown below:

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Table 1: Comparison of Revised Project #1 and PC Recommended Project Items to remain the same Items that would change
 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/wallplan
 Off-site improvements
 Ingress/egress and circulation
 Density transition waiver request
 Eliminate 5 unit shared housing
building
 No longer offer a unit for dedication
 Adds set of duets for a total of four
units in duets (thus increasing total
lots from 36 to 37)
 Reduces number of units from 40 to 37
 Reduces park size from 0.64 acres to

0.59 acres due to the reduction of the
total number of units
 Modifies requested waivers to allow
certain waivers to apply to the duet
units only
The applicant provided 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).

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 2: Local Affordable Housing Ordinance Requirements Affordability
Level
Required (for
ownership projects)
Proposed Does Revised
Project #1 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

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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 still sought 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:

Table 3: 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 4: 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.

Moderate 3% (1.1 units
rounded to 1 units)
1/37 = 2.7%
(single-family home
on Lot 37)
Yes
Total 10%
(4 units)
4/37 = 11% Yes
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
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.
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

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Standard Waiver Requested Analysis
resolution requiring all nonduet lots to meet the 20’
front setback standard.
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.

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 units plus 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
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.

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Throughout the hearing, 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 the PC Recommended Project, which 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 No. 23-040 recommending that the City Council approve the Design Review application with two sets of duets.

The PC Recommended Project accomplishes many of the applicant’s goals, but if the applicant does not agree to this version of the project, the City is not in a position to require her to accept it.

CITY COUNCIL MEETING OF JANUARY 23, 2024, AND CONTINUANCE This project was agendized and duly noticed for the January 23, 2024, City Council meeting. However, early that afternoon, the applicant submitted a letter (attached) to the Council requesting the consideration of a new alternative to the PC Recommended Project (Revised Project #2). This new alternative (attached) proposes 40 units on 40 lots, which includes two sets of duet units and 36 market rate detached units.

At the opening of the public hearing, staff requested a continuance of the consideration of the PC Recommended Project in order to analyze the new proposal to ensure that it is consistent with all applicable laws and the IS/MND. The City Council unanimously voted to continue the PC Recommended Project hearing to February 27, 2024. Consideration of Revised Project #2 would need to return to a future City Council meeting with resolutions to document Council’s direction.

REVISED PROJECT #2

PROJECT DESCRIPTION
The following provides a brief analysis of the applicant’s revised proposal and compares it to the Revised Project #1 for the Council’s information.

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ANALYSIS
The following highlights the differences between the new 40-lot proposal (Revised Project #2) compared to the original 36-lot, 5 shared housing unit, proposal (Revised Project #1):

Table 5: Comparison of Revised Project #1 and #2
Items to remain the same Items that would change
 MND and MMRP: De Novo consultants
issued a memorandum (attached)
indicating that there are negligible
changes between a 40-unit project
and a 36-unit project.
 Architecture
 Landscape plan
 Park location and size
 Bio-retention locations and methods
 Fencing/wall plan
 Off-site improvements
 Ingress/egress and circulation
 Eliminate five unit shared housing
building
 No longer offer a unit for dedication
 Add a set of duets for a total of four
units in duets
 Increase number of market rate
homes (33 to 36)
 Increase in number of lots (36 to 40)
 30 lots under 12,000 square feet
(including duet lots) instead of only 2
lots (duets)
 Modify requested waivers to include
reduced lot sizes for market rate lots
Development Standards
The proposed project, with waivers, would be consistent with the requirements of the R-1-12 zoning district as follows:

Table 6: R-1-12 development standards (Revised Project #2) R-1-12
Development
Standards
Proposed Revised Project #2
Complies?
Minimum Lot
Area
Detached lots:
12,000 sf
26 lots between
10,000 sf –
11,558 sf
10 lots at least
12,000 sf
No, waiver requested
Duet lots: 3,000 sf
Duet lots between
5,979 sf – 6,460
sf
Yes
Minimum Lot
Width
90 ft + 90 feet
measured 30 feet
from front property
23 lots <90 ft
17 lots >90 ft
No, waiver requested

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R-1-12
Development
Standards
Proposed Revised Project #2
Complies?
lines for lots on the
“bulb” of curvilinear
street.

Maximum Lot
Depth 150 ft
210 ft on lots
#20, 24 and 33.

All other lots
meet this
requirement.

No, waiver requested
Minimum
Front Yard
Setback
20 ft 10 ft No, waiver requested
Minimum
Side Yard
Setback
12 ft, sum of both
sides 30 ft
All detached lots:
12 feet, sum of
both sided 30 ft
Duet lots: 0 ft
Detached lots comply
Waiver requested for
duet lots
Minimum
Rear Yard
Setbacks
20 ft
All detached lots:
20 ft minimum
Duet lots: 0 ft
Detached lots comply
Waiver requested for
duet lots
Minimum OffStreet
Parking
Spaces
2 2 Yes
Maximum
Building
Height
30 ft 28 ft, seven
inches Yes
Density 1.1-3.0 dwelling
units per acre

2.45 dwelling
units per acre Yes
Consistency with the Affordable Housing Ordinance
The applicant’s alternative proposal would be in compliance with the City’s affordable housing ordinance as follows:

CITY COUNCIL AGENDA ITEM NO. G.1
02/27/2024
Table 7: Local Affordable Housing Ordinance Requirements (Revised Project #2)
As seen above, the applicant would be in compliance with the 10% affordability required and defined by the Ordinance that was vested pursuant to the April 2022 SB 330 application. In addition to this, the applicant’s revised plotting plan exhibit shows that the duet units 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:

Table 8: State Density Bonus Law (Revised Project #2)
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:

Affordability
Level
Required (for
ownership
projects)
Proposed Does Revised
Project #2 meet
requirement?
Very-low 3% (1.2 units
rounded to 1 unit)
2/40 = 5% (duet on
Lot 36 and 11) Yes
Low 4% (1.6 units
rounded to 2 units)
1/40 = 2.5%
(duet unit on Lot 18)
Yes
Moderate 3% (1.2 units
rounded to 1 units)
1/40 = 2.5% (singlefamily home on Lot 37) Yes
Total 10%
(4 units)
4/40 = 10% Yes
Affordability
Level
Minimum number of
units required
Proposed Does Revised
Project #2 meet
minimum
qualifications for
SDBL eligibility?
Very-low 5% (1.8 units rounded to 2
units)
2/40 = 5%
Yes

CITY COUNCIL AGENDA ITEM NO. G.1
02/27/2024
Table 9: Waivers Requested (Revised Project #2)
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 Size Waiver for 26 lots to be
below the minimum lot
size of 12,000 sq. ft.

The proposed range is
between 10,000 sq. ft.
and 11,558 sq. ft.

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

Minimum lot width
is 90 feet
23 lots would be less
than 90’ wide.

Adherence to this standard
would prevent the project
from being constructed in
the proposed layout. Staff
thus recommends granting
this waiver.
4 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.
5 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
detached home lots.

Adherence to this standard
would prevent the project
from being constructed in
the proposed layout. Staff
thus recommends granting
this waiver.

CITY COUNCIL AGENDA ITEM NO. G.1
02/27/2024
Standard Waiver Requested Analysis
6 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.

Park Acreage
The proposed alternative of 40 units would require the provision of a 0.64 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-acre that would be dedicated to the City for park purposes and, therefore, this application would be required to increase the park area by 0.06-acre as reflected in the attached draft VTSM resolution.

Public Comment
Prior to the City Council meeting, a comment was submitted by Leanne Alfaro (attached), a neighboring property owner 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. Staff does not recommend that a wall, especially one with a height of 10-feet, be required since this would not be consistent with typical single family residential development.

CONCLUSION
As mentioned above, the project has evolved through the entitlement process. The revised original project that the Planning Commission considered was dependent on the City Council accepting a unit for dedication. Due to this, the Planning Commission recommended to the Council to adopt an alternative to the applicant’s project (as described above). Prior to the public hearing for City Council’s recommendation, the applicant submitted a fourth alternative. Staff reviewed the applicant’s fourth submittal, and as outlined above, the alternative is substantially similar to the PC’s recommendation in that it would meet the affordable housing requirements, qualify for Density Bonus waivers and would be in conformance with the CEQA requirements.

A few noteworthy changes are the addition of two market rate units and smaller lot sized throughout the project. Below are the options that City Council can pursue.

CITY COUNCIL AGENDA ITEM NO. G.1
02/27/2024

OPTIONS

1. Consider and take action on Revised Project #1 and direct staff to return to a future City Council meeting with resolutions to document Council’s direction.

2. Consider and take action on the PC’s Recommended Project, reflected in the attached resolutions. However, if the applicant does not agree to this version of the project, the City is not in a position to require the applicant to accept it.

3. Consider Revised Project #2 and direct staff to return to a future City Council meeting with resolutions to document Council’s direction.

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

CITY COUNCIL AGENDA ITEM NO. G.1
02/27/2024

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

10. Letter and Memorandum to the Council from Applicant

11.Alternative Plans

12.CEQA Consultant Memorandum

13.Comparison Matrix

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, a public hearing of the Project was scheduled before the City Council on Janaury 23, 2024. However, six hours prior to the meeting the applicant submitted a letter to the City Council requesting that an alternative to their project be considered; and
WHEREAS, at the Janaury 23, 2024 meeting, staff requested that the item be continued to February 27, 2024, in order for staff to analyze the proposal and ensure compliance with applicable laws and the subject IS/MND; the City Council approved the continuance; and
WHEREAS, the City Council held a public hearing on this project at its regular meeting of February 27, 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 February 27, 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, a public hearing of the Project was scheduled before the City Council on Janaury 23, 2024. However, six hours prior to the meeting the applicant submitted a letter to the City Council requesting that an alternative to their project be considered; and
WHEREAS, at the Janaury 23, 2024 meeting, staff requested that the item be continued to February 27, 2024, in order for staff to analyze the proposal and ensure compliance with applicable laws and the project’s IS/MND; the City Council approved the continuance; and
WHEREAS, on February 27, 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 February 27, 2024, 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.
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
Adherence to this standard
would prevent the duet lots
from being constructed in
the proposed layout.

Standard Waiver Requested Analysis
foot lot width
requirement.
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.
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.

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. A
condition of approval is
included in the project’s
Design Review Resolution
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.

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 February 27, 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.