MARCH 26, 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
March 26, 2024, 7:00 p.m.
City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.
Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.
During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under Presentations; Informational Reports; Consent Calendar; Requests for Future Agenda Items- New Items; or items not on the agenda during this portion of the meeting. Public comments for scheduled agenda items should wait until that time.
Zoom participation during this general public comment period will not be accepted.
D. PRESENTATIONS
D.1 Brentwood Police Department Annual Performance Report 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 March 12, 2024 F.2 A Proclamation Proclaiming March 29, 2024, as Vietnam Veteran's Memorial Day F.3 A Proclamation Proclaiming March 2024 as Autism Awareness Month F.4 A Proclamation Proclaiming March 2024, as Drug Abuse Awareness Month F.5 A Proclamation Proclaiming April 2024 as Arab Heritage Month F.6 A Proclamation Proclaiming April 2024 as Diversity Month F.7 A Proclamation Proclaiming April 7 - 13, 2024, as National Library Week F.8 Notice of Completion for the work performed by National Aquatic Services, Inc. for the Brentwood Family Aquatic Complex Heaters Replacement Project Title/Recommendation
Adopt a Resolution accepting the work performed by National Aquatic Services, Inc. for the Brentwood Family Aquatic Complex Heaters Replacement Project and file a Notice of Completion with the County Recorder.
F.9 Award of contract to Perfection Painting Corp. for the Civic Center Painting Project Title/Recommendation
Adopt a Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a contract and necessary documents for the Civic Center Painting Project (“Project”) with Perfection Painting Corp. as the lowest responsible and responsive bidder in the amount of $461,000, plus funding authorization for a 15% contingency of $69,150, for a total funding authorization not to exceed amount of $530,150.
F.10 Purchase one replacement John Deere Backhoe and one replacement Water Truck, and authorize the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $356,129
Title/Recommendation
Adopt a Resolution approving the purchase of one replacement John Deere backhoe in the amount of $198,869 from Pape Machinery in Newark, CA, and one replacement water truck in the amount of $157,260 from Mission Valley Ford Truck in San Jose, CA; and authorizing the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $356,129.
F.11 Consideration of actions pertaining to the City’s Landscape and Lighting Assessment Districts, including LLAD’s No. 19-3 and No. 21-1, and the Citywide Park Maintenance District No. 98-1 for FY 2024/25
Title/Recommendation
Adopt a Resolution of Initiation appointing Francisco & Associates (“Francisco”) as the Engineer of Work for the Landscape and Lighting Assessment Districts, including the Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1 (the “LLADs”), and the Citywide Park Maintenance District No. 98-1 (collectively, the “Districts”) for Fiscal Year 2024/25; ordering the Engineer of Work to prepare and file the Engineer’s Reports for Fiscal Year 2024/25; and making a finding that the actions are categorically exempt from the California Environmental Quality Act, and approving and authorizing the City Manager to execute Amendment No. 2 to the Agreement for Professional Assessment Engineering Services in the amount of $229,900, plus a 10% contingency amount of $22,990 for a not to exceed amount of $252,890 for Fiscal Year 2024/25 assessment year activities.
F.12 Second Reading of an Ordinance amending Brentwood Municipal Code Chapter 2.46 (Park and Recreation Commission)
Title/Recommendation
Waive the second reading and adopt Ordinance No. 1071 pertaining to the Park and Recreation Commission.
The proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption – in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.
G. BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.
G.1 Assembly Bill (AB) 2011 application and Design Review informational item for the O’Hara Apartments project, located at the northwest corner of Lone Tree Way and O’Hara Avenue, and request for direction on future processing of AB 2011 projects Title/Recommendation
Assembly Bill (AB) 2011 application and Design Review informational item for the O’Hara Apartments project, located at the northwest corner of Lone Tree Way and O’Hara Avenue, and request for direction on future processing of AB 2011 projects.
G.2 An Interim Urgency Ordinance Implementing a Modification to Brentwood Municipal Code Section 16.120.120 to allow Permitees to Install Pad-Mounted Transformers within Development Projects
Title/Recommendation
Adopt an Interim Urgency Ordinance Implementing a Modification to Brentwood Municipal Code Section 16.120.120 to allow Permitees to Install Pad-Mounted Transformers within Development Projects, and a finding of exemption from CEQA.
The proposed Interim Urgency Ordinance is not an action subject to the California Environmental Quality Act (CEQA), as the action has no potential for resulting in physical change to the environment. (14 Cal. Code. Regs. § 15358.) Further, adoption of the Ordinance is exempt under CEQA because it will not cause a change in any of the physical conditions within the area affected by the Ordinance. (14 Cal. Code Regs. § 15061(b)(3).) G.3 Consider a request from Mayor Bryant and Council Member Mendoza related to the City Manager Resident Engagement Meetings and Potentially Provide Further Direction from the City Council
Title/Recommendation
That the City Council consider and discuss the request from Mayor Bryant and Council Member Mendoza related to a public update on the progress of the monthly resident engagement meetings held by the City Manager and receive any additional direction from the City Council about such engagement efforts.
G.4 Consider a request from Vice Mayor Meyer and Council Member Pierson related to revisions to the Age Friendly Communities Committee, and the Racial Equity Committee Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer and Council Member Pierson to rename the Age Friendly Communities Committee to Age and Disability Friendly Communities Committee, and the Racial Equity Committee to Diversity, Equity, Inclusion, and Belonging Committee, or as recommended by Council.
H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a request from Council Member Pierson related to potential updates to the Brentwood Municipal Code and the potential creation of a Council committee Title/Recommendation
That the City Council consider and discuss the request from Council Member Pierson related to updates to Title 1 and Title 2 of the Brentwood Municipal Code (“Code”) and the potential creation of a Council committee to advise additional Code changes.
I.2 Consider a request from Vice Mayor Meyer to consider potential methods to restrict hate speech during public comments
Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer from the March 12, 2024, City Council meeting to consider methods to restrict hate speech during the public comment portion of public meetings.
J. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.
These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers.
Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.
The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.
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 March 21, 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
March 12, 2024, 7:00 p.m.
A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:00 p.m.
Roll Call found the following members present: Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.
B. PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.
C. REPORT ON CLOSED SESSION
Mayor Bryant stated there were no reportable actions.
D. PUBLIC COMMENTS
Mayor Bryant opened Public Comments.
Sal Listek, owner of Straw Hat Pizza, provided comments related to the Ordinance regarding mobile vending, item G.6 of the Consent Calendar.
There being no one else wishing to speak, Mayor Bryant closed Public Comments.
E. PRESENTATIONS
E.1 Presentation from First 5 of Contra Costa
Monique S. Angara, Family and Community Liaison of First 5 of Contra Costa, gave a presentation.
F. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,
LIAISONS, AND STAFF
Council Member Mendoza reported on attendance at the League of California Cities (League/Cal Cities) Latino Caucus meeting, City Manager's Town Hall at Summerset III, Immigration Help Day at Los Medanos College, and a Budget ad-hoc subcommittee meeting.
Council Member Pierson reported on attendance at the League East Bay Division Annual Legislative Dinner, and Juneteenth planning meetings with 4EverMe Foundation and City staff,
Council Member Oerlemans reported on attendance at a Tri Delta Transit board meeting, Police Activities League (PAL) meeting, Budget ad-hoc subcommittee meeting, Farmers Market, and a Special City Council Meeting.
2 Vice Mayor Meyer reported on attendance at the Cal Cities' first quarter Department Officers meeting, Mayors' Conference, two California Alliance for Local Electeds (CALE) meetings, a Q&A session with Senator Ochoa around housing bills.
Mayor Bryant reported on attendance at a Tri Delta Transit board meeting, Rotary City Update meeting, funeral for Mr. Rene De Luna, hosted a student tour of City Hall, Mayors' Conference, met with several Veterans groups, met with Delta 6 Mayors and City Managers of East County, and the PAL crab feed event.
G. CONSENT CALENDAR
Mayor Bryant pulled item G.2 and Council Member Mendoza pulled items G.4, G.5, and G.6 to be heard separately.
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted the Consent Calendar as recommended by staff, excluding items G.2, G.4, G.5, and G.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)
G.1 Minutes of the City Council/Successor Agency meeting of February 27, 2024
G.2 A Proclamation Proclaiming World Down Syndrome Day on March 21, 2024
Mayor Bryant presented the Proclamation to Working Wonders.
Moved by: Joel Bryant, Mayor
Seconded by: Pa'tanisha Pierson, Council Member
Approved the proclamation.
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.3 Review and approval of the General Plan Annual Progress Report for calendar year 2023
Adopted Resolution 2024-21 finding that the Annual Progress Report accurately reflects the General Plan implementation for calendar year
3 2023; accepting the report as required by the State of California; and directing staff to forward the report to the Governor's Office of Planning & Research (OPR) and the State Department of Housing and Community Development (HCD).
G.4 Review and approval of the Housing Element Annual Progress Report for calendar year 2023.
Adopted Resolution 2024-22 finding that the Annual Progress Report accurately reflects the Housing Element implementation for calendar year 2023; accepting the report as required by the State of California; and directing staff to forward the report to the Governor's Office of Planning & Research (OPR) and the State Department of Housing and Community Development (HCD).
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.5 Second Reading of a Zoning Text Amendment (RZ 23-005) to repeal and replace Local Density Bonus Regulations and Reference State Density Bonus Law, and modify the definition of Low-income household within the Brentwood Municipal Code.
The City Clerk read the title of Ordinance No. 1068
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Waived the second reading of and adopted Ordinance No. 1068, 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 adopting 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.
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.6 Second reading of two ordinances to regulate non-motorized sidewalk vending along public sidewalks and mobile vending from motorized vehicles on public and private property and declaring the ordinances exempt from CEQA.
4 Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Waived second reading and adopted Ordinance 1069, 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.
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)
Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
By motion, continued and reopened consideration of Ordinance 1070, an Ordinance repealing and replacing Chapter 5.68 of the Brentwood Municipal Code regarding Mobile Vending, to a future date, and continued discussion of the ordinance to the Land Use and Development meeting (LUD) of April 22, 2024, and to bring the item back to the Council for consideration in June 2024.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H. BUSINESS ITEMS
H.1 Approve the layout, amenities, and location for the former Davis Camp Site Historical Display project.
Director of Parks and Recreation, Bruce Mulder, presented the item.
Mayor Bryant opened the public comment period.
There being no one wishing to speak on the item, Mayor Bryant closed the public comment period.
Moved by: Susannah Meyer, Vice Mayor
Seconded by: Jovita Mendoza, Council Member
By motion, approved the layout, amenities, and location of the interpretative historical display for the former Davis Camp site with the direction to save as many trees as staff is able.
5 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.2 Juneteenth 2024 Update and Use of Existing General Fund Monies in an Amount Not to Exceed $45,000 for Juneteenth
Thien Nguyen, Recreation Manager, presented the item.
Mayor Bryant opened the public comment period.
Sinziana Todor provided comments in support of the Juneteenth event.
Rod Flohr provided comments in support of the Juneteenth event.
Claryssa Wilson, CEO at 4EverMe Foundation, provided comments related to her experience related to the event application submitted by 4EverMe Foundation for the Juneteenth event.
Velma Wilson provided comments in support of Claryssa Wilson and the 4EverMe Foundation.
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Adopted Resolution 2024-23, approving a 2024 Juneteenth City event budget with a not-to-exceed amount of $45,000.
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.3 Priority Projects for the 2024/25 and 2025/26 Economic Development Grant Program and funding sources for each project
Abraham Salinas, Senior Analyst, presented the item.
Mayor Bryant opened the public comment period.
There being no one wishing to speak on the item, Mayor Bryant closed the public comment period.
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Adopted Resolution 2024-24 Priority Projects for the 2024/25 and 2025/26 Economic Development Grant Program and funding sources for each project, and authorizes the City Manager or designee to execute all grant documents.
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)
H.4 Proposed update to the City’s Economic Development Grant Program Guidelines and Grant Application.
Abraham Salinas, Senior Analyst, presented the item.
Mayor Bryant opened the public comment period.
There being no one wishing to speak on the item, Mayor Bryant closed the public comment period.
Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Adopted Resolution 2024-25 updating the City’s Economic Development Grant Program Guidelines and Grant Application, with amendments to the application, as stated by Council, and authorizing staff discretion to correct any typos.
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.5 Consider an Ordinance amending Brentwood Municipal Code Chapter
2.46 (Park and Recreation Commission) and provide staff with direction on potential additional ordinance amendments
Bruce Mulder, Director of Parks and Recreation, presented the item.
Mayor Bryant opened the public comment period.
There being no one wishing to speak on the item, Mayor Bryant closed the public comment period.
The City Clerk read the title of the Ordinance.
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
Introduced and waived the first reading of Ordinance 1071 amending Brentwood Municipal Code Chapter 2.46, with amendments.
7 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)
Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Susannah Meyer, Vice Mayor
By Motion, directed staff to review and recommend updates to sections of the Municipal Code related to the Park and Recreation Commission to ensure consistency with other City commissions.
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
I. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUEST(S)
Council Member Pierson requested a review of outdated areas of the Brentwood Municipal Code, beginning with Title 1 and Title 2, and for the potential creation of an ad-hoc subcommittee to review those sections.
Vice Mayor Meyer requested an item to consider policies the City Council may adopt to restrict hate speech during public comments.
J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 Consider a request from Council Member Mendoza related to potential updates to Affordable Housing Ordinance requirements
Council Member Mendoza presented her item.
Mayor Bryant opened the public comment period.
There being no one wishing to speak on the item, Mayor Bryant closed the public comment period.
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
By Motion, directed staff to spend time and resources to consider updates to the following Affordable Housing Ordinance (BMC Chapter
17.725) requirements:
1. Percentage of allocations for Very Low, Low, and Moderate income units.
2. A potential increase to the minimum percentage of affordable units required in the Affordable Housing Ordinance
8 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
J.2 Consider a request from Council Member Mendoza related to potential updates to the Objective Design Standards
Council Member Mendoza presented her item.
Mayor Bryant opened the public comment period.
There being no one wishing to speak on the item, Mayor Bryant closed the public comment period.
Council Member Mendoza withdrew her request.
K. ADJOURNMENT
It was moved/seconded by Council Member Pierson/Vice Mayor Meyer to adjourn at 10:39 p.m. and carried unanimously.
CITY COUNCIL AGENDA ITEM NO. F.8
3/26/2024
SUBJECT: Notice of Completion for the work performed by National Aquatic Services, Inc. for the Brentwood Family Aquatic Complex Heaters Replacement Project.
DEPARTMENT: Parks and Recreation
STAFF: Aaron Wanden, Park Maintenance Manager
Elaine McGurk, Project Services Specialist
TITLE/RECOMMENDATION
Adopt a Resolution accepting the work performed by National Aquatic Services, Inc. for the Brentwood Family Aquatic Complex Heaters Replacement Project and file a Notice of Completion with the County Recorder.
FISCAL IMPACT
The total contract amount for the work performed by National Aquatic Services, Inc. is as follows:
Contractor Final Amount Council Approved Amount
National Aquatic Services Inc. $193,694.13 $196,930.94
The total cost of the Brentwood Family Aquatic Complex Heaters Replacement project in the amount of $193,694.13 was funded by the Parks and LLAD Replacement Fund.
Resources for the repair and replacement of the Brentwood Family Aquatic Complex heaters are accumulated in the Parks and LLAD Replacement Fund from annual contributions from the General Fund.
There is no additional maintenance cost due for the new heaters; this facility’s maintenance is included in the monthly inspections completed by the Parks Maintenance staff and is included in the 2023/24 Operating Budget.
BACKGROUND
The Brentwood Family Aquatic Complex was completed back in 1999. Since its completion, the heaters have been previously replaced twice. The current pool heaters have been repaired by staff numerous time and it was beneficial to completely replace them during the off season while the pool was closed.
CITY COUNCIL AGENDA ITEM NO. F.8
3/26/2024
Formal bid documents were made available to the public on August 7, 2023 and a mandatory bidder’s conference was held on August 22, 2023 at the Brentwood Family Aquatic Complex. The bid opening took place on August 31, 2023.
On September 26, 2023, City Council approved by Resolution 2023-119 the contract with National Aquatic Services, Inc. in the amount of $179,028.13, plus funding authorization for a 10% contingency, for a total funding authorization not to exceed amount of $196,930.94.
The work commenced on January 22, 2024 and was completed February 2, 2024.
National Aquatic Services, Inc. has met it contractual obligation, and staff is recommending that the work performed by National Aquatic Services, Inc. for the Brentwood Family Aquatic Complex Pool Heaters Replacement Project be accepted and the Notice of Completion be filed with the County Recorder.
Below are photos of the finished project.
CITY COUNCIL AGENDA ITEM NO. F.8
3/26/2024
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. Resolution
3. Notice of Completion
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 28, 1999, the Council awarded the construction contract for the City of Brentwood Family Aquatic Complex (CIP No. 522-5202) to Shoemate Buildings, Inc.
On February 13, 2001, City Council accepted the work performed by Shoemate buildings, Inc. for the City of Brentwood Family Aquatic Complex (CIP Project No. 522- 5202) and directed the City Clerk to file a notice of completion with the recorder’s office of Contra Costa County.
On January 22, 2008, by Resolution No. 2008-17, City Council awarded the bid and approved and authorized the City Manager or designee to execute a construction contract and necessary documents with Carrier Corporation Inc., for the replacement of pool heaters in the amount of $89,505.31, plus $8,950.53 contingency, for a total amount of $98,455.84 for the Aquatic Complex Improvements Project, CIP No. 352- 52403, and also amending the CIP Budget Sheet for the Aquatic Complex Improvements Project, CIP No. 352-52403.
On March 14, 2017, by Resolution No. 2017-30, City Council adopted the amended 2016/17 – 2020/21 Capital Improvement Program Aquatic Complex Improvements Project in the amount of $128,142 and the amended 2016/17– 2017/18 Operating Budget for the associated funding transfer from the Parks and LLAD Replacement Fund of $128,142.
On May 23, 2017, by Resolution No. 2017-66, City Council adopted 1) the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Aquatic Complex Improvements, CIP Project No. 352- 52403 with Manley’s Boiler, Inc. in the amount of $135,500, plus a 10% contingency of $13,550, for a total amount of $149,050; 2) authorized staff to amend the 2016/17 – 2020/21 Capital Improvements Program Aquatic Complex Improvements Project in the amount of $149,050; and 3) authorized staff to amend the FY 2016/17 operating budget for the associated funding transfer from the Parks and LLD Replacement Fund of $149,050.
On September 26, 2023, City Council approved by Resolution 2023-119 a construction contract and necessary documents, including the use of contingency amounts, for the Brentwood Family Aquatic Heaters Replacement Project to National Aquatics Services, Inc. in the amount of $179,028.13 plus funding authorization for a 10% contingency amount of $17,902.81 for additional services, for a total authorization not to exceed amount of $196,930.94, and amended the 2023/24 Parks and LLAD Replacement Fund Operating Budget in the amount of $196,931.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD ACCEPTING THE WORK PERFORMED BY NATIONAL
AQUATIC SERVICES, INC. FOR THE BRENTWOOD FAMILY
AQUATIC COMPLEX HEATERS REPLACEMENT PROJECT AND
REQUESTING THE CITY CLERK TO FILE A NOTICE OF
COMPLETION WITH THE COUNTY RECORDER.
WHEREAS, on September 28, 1999, the Council awarded the construction contract for the City of Brentwood Family Aquatic Complex (CIP No. 522-5202) to Shoemate Buildings, Inc.; and
WHEREAS, on February 13, 2001, City Council accepted the work performed by Shoemate buildings, Inc. for the City of Brentwood Family Aquatic Complex (CIP Project No. 522-5202) and directed the City Clerk to file a notice of completion with the recorder’s office of Contra Costa County; and
WHEREAS, on January 22, 2008, by Resolution No. 2008-17, City Council awarded the bid and approved and authorized the City Manager or designee to execute a construction contract and necessary documents with Carrier Corporation Inc., for the replacement of pool heaters in the amount of $89,505.31, plus $8,950.53 contingency, for a total amount of $98,455.84 for the Aquatic Complex Improvements Project, CIP No. 352-52403, and also amending the CIP Budget Sheet for the Aquatic Complex Improvements Project, CIP No. 352-52403; and WHEREAS, on March 14, 2017, by Resolution No. 2017-30, City Council adopted the amended 2016/17 – 2020/21 Capital Improvement Program Aquatic Complex Improvements Project in the amount of $128,142 and the amended 2016/17– 2017/18 Operating Budget for the associated funding transfer from the Parks and LLAD Replacement Fund of $128,142; and
WHEREAS, on May 23, 2017, by Resolution No. 2017-66, City Council adopted 1) the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Aquatic Complex Improvements, CIP Project No. 352-52403 with Manley’s Boiler, Inc. in the amount of $135,500, plus a 10% contingency of $13,550, for a total amount of $149,050; 2) authorized staff to amend the 2016/17 – 2020/21 Capital Improvements Program Aquatic Complex Improvements Project in the amount of $149,050; and 3) authorized staff to amend the FY 2016/17 operating budget for the associated funding transfer from the Parks and LLD Replacement Fund of $149,050; and
WHEREAS, the current pool heaters have been repaired by staff numerous times and it was beneficial to completely replace them during the off season while the pool was closed; and
WHEREAS, staff solicited bids on August 7, 2023, and two (2) bids were received on August 31, 2023; and
WHEREAS, National Aquatics Services, Inc. submitted the lowest responsible and responsive bid in the amount of $179,028.13; and
WHEREAS, on September 26, 2023, City Council approved by Resolution 2023-119 the contract documents, awarded the bid, and authorized the City Manager or designee to execute a construction contract and necessary documents, including the use of contingency amounts, for the Brentwood Family Aquatic Heaters Replacement Project to National Aquatics Services, Inc. in the amount of $179,028.13 plus funding authorization for a 10% contingency amount of $17,902.81 for additional services, for a total authorization not to exceed amount of $196,930.94, and amended the 2023/24 Parks and LLAD Replacement Fund Operating Budget in the amount of $196,931; and
WHEREAS, National Aquatic Services, Inc. has met its contractual obligation and staff is recommending that the work performed by National Aquatic Services, Inc. be accepted and the Notice of Completion filed with the County Recorder.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby approves a Resolution accepting the work performed by National Aquatic Services, Inc. for the Brentwood Family Aquatic Complex Heater Replacement Project and requests that the City Clerk file a Notice of Completion with the County Recorder.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on March 26, 2024, by the following vote:
NOTICE OF COMPLETION
Recording Requested By:
City of Brentwood
When Recorded Mail To:
City Clerk
City of Brentwood
150 City Park Way
Brentwood, CA 94513
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the agent of the owner of the Project described below.
2. City’s full name is the City of Brentwood.
3. City’s address is 150 City Park Way, Brentwood, CA 94513.
4. The nature of City’s interest in the Project is:
_X_ Fee ownership __ Lessee __ Other:________________________
5. Construction work on the Project performed on City’s behalf is generally described as follows: Brentwood Family Aquatic Complex Heaters Replacement Project.
6. The name of the original Contractor for the Project is: National Aquatics Services, Inc.
7. The Project was completed on: February 2, 2024
8. The Project is located at: Brentwood Family Aquatic Complex, 195 Griffith Lane, Brentwood, CA 94513
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date Signature of Person Signing on Behalf of City
City of Brentwood, CA ________________________________
Margaret Wimberly, City Clerk
CITY COUNCIL AGENDA ITEM NO. F.9
03/26/2024
SUBJECT: Award of contract to Perfection Painting Corp. for the Civic Center Painting Project.
DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Vatsal Patel, Engineering Manager
Renee Payette, Project Services Specialist
TITLE/RECOMMENDATION
Adopt a Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a contract and necessary documents for the Civic Center Painting Project (“Project”) with Perfection Painting Corp. as the lowest responsible and responsive bidder in the amount of $461,000, plus funding authorization for a 15% contingency of $69,150, for a total funding authorization not to exceed amount of $530,150.
FISCAL IMPACT
The total bid amount is $461,000, plus funding authorization for a 15% contingency of $69,150, for a total funding authorization of $530,150. The funds for this Project are included in the amended 2022/23 – 2023/24 Operating Budget. The Project is funded by the Building Replacement Fund. The Building Replacement Fund provides funding for major maintenance and repair needs of the majority of the City’s Facilities, including City Hall, Parking Structure, Community Center, Senior Center and Police Station. The June 30, 2024 projected balance in the Building Replacement Fund is $9.2 million.
BACKGROUND
This Project consists of painting the exterior of the Civic Center, which includes City Hall, the Community Center and the Parking Structure. The work includes protecting, preparing, repairing, and painting, finishing work of all exterior walls, columns, railings, bollards, arcade and any other exterior surfaces of the Civic Center.
The existing exterior paint on the Civic Center is the original paint from when the buildings were constructed in 2011. Exterior paint has a typical service life of between
CITY COUNCIL AGENDA ITEM NO. F.9
03/26/2024
five (5) and fifteen (15) years, so the original paint is reaching the end of its expected duration. Staff inspected the buildings and identified areas in need of repair due to normal use and exposure to the weather, which cannot be completed through routine maintenance as the work will require a significant amount of scaffolding and other specialized equipment specifically used by painting contractors. City staff does not have the necessary equipment, or sufficient time and manpower to accomplish the work, so the Project was bid to painting contractors.
The Project was advertised on January 5, 2024, and bids were opened on February 20, 2024. The following 12 bids were received.
Bidder Bid Amount
Perfection Painting Corp. $461,000
D&D Painting Co. $466,500
Pacific Rim Painting Co. $480,000
Color New Co. $551,000
Nissim Painting, Inc. $598,800
Satellite Painting, Inc. $618,000
Primal Paint, Inc. $645,000
Anchor Singh Painting, Inc. $695,000
Fresh Start Painting Co. $779,900
Athens Painting & Commercial Coatings, Inc. $813,684
Pro-Ex Construction, Inc. $825,000
KBI Painting, Inc. $1,291,092
Staff reviewed the bids received and is recommending the award of the contract for the Project to Perfection Painting Corp. for submitting the lowest responsible and responsive bid, which was within the Project’s original estimated budgetary cost of $985,000.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
CITY COUNCIL AGENDA ITEM NO. F.9
03/26/2024
Previous Action by the City Council is included on Attachment 1.
ENVIRONMENTAL DETERMINATION
A Notice of Exemption was filed with the Contra Costa County Clerk-Recorder on January 31, 2024.
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Do not approve staff’s recommendation.
2. Modify staff’s recommendation based on legally defensible findings.
3. Continue item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Contract
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 27, 2023, by Resolution 2023-89, the City Council adopted the Amended 2022/23 – 2023/24 Operating Budget.
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 CIVIC CENTER PAINTING PROJECT WITH
PERFECTION PAINTING CORP. AS THE LOWEST RESPONSIBLE
AND RESPONSIVE BIDDER IN THE AMOUNT OF $461,000, PLUS
FUNDING AUTHORIZATION FOR A 15% CONTINGENCY OF
$69,150, FOR A TOTAL FUNDING AUTHORIZATION NOT TO
EXCEED AMOUNT OF $530,150.
WHEREAS, on June 27, 2023, by Resolution 2023-89, the City Council adopted the Amended 2022/23 – 2023/24 Operating Budget; and WHEREAS, the Civic Center Painting Project (“Project”) consists of painting the exterior of the Civic Center, which includes City Hall, the Community Center and the Parking Structure, which includes protecting, preparing, repairing, and painting, finishing work of all exterior walls, columns, railings, bollards, arcade and any other exterior surfaces of the Civic Center; and
WHEREAS, the existing exterior paint on the Civic Center is the original paint from when the buildings were constructed in 2011; and
WHEREAS, exterior paint has a typical service life of between five (5) and fifteen (15) years, so the original paint is reaching the end of its expected duration; and
WHEREAS, City staff does not have the necessary equipment, or sufficient time and manpower to accomplish the work, so the Project was bid to painting contractors; and
WHEREAS, the Project was advertised on January 5, 2024, and 12 bids were received and opened on February 20, 2024; and
WHEREAS, staff reviewed the bids received and is recommending the award of the contract for the Project to Perfection Painting Corp. for submitting the lowest responsible and responsive bid, which was within the Project’s original estimated budgetary cost of $985,000.
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 Civic Center Painting Project with Perfection Painting Corp. as the lowest responsible and responsive bidder in the amount of $461,000, plus funding authorization for a
15% contingency of $69,150, for a total funding authorization not to exceed amount of $530,150.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of March 2024 by the following vote:
Contract
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and Perfection Painting Corp, an S Corp (“Contractor”), for work on the Civic Center Painting Project (“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 to construct the Project. On March 26, 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 $461,000 (“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 80 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 $2,500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
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: Vatsal Patel, P.E., Engineering Manager
[email protected]
Contractor:
Company Name: Perfection Painting Corp
Address: 38045 47th Street East, Suite E #142
City/State/Zip: Palmdale, CA 93552
Phone: 661-234-1905
Attn: Antonia Marquez or Diana Zarate
Email: [email protected]
12. General Provisions.
12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.
12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.
12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.
12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.
12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.
12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.
12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.
12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. [Signatures on following page.]
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: Perfection Painting Corp
Business Name
s/_______________________________ Seal:
Antonia Marquez, President/Secretary
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)
END OF CONTRACT
CITY COUNCIL AGENDA ITEM NO. F.10
03/26/2024
SUBJECT: Purchase one replacement John Deere Backhoe and one replacement Water Truck, and authorize the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $356,129.
DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Scott Dempsey, Fleet/Facilities Maintenance Manager
TITLE/RECOMMENDATION
Adopt a Resolution approving the purchase of one replacement John Deere backhoe in the amount of $198,869 from Pape Machinery in Newark, CA, and one replacement water truck in the amount of $157,260 from Mission Valley Ford Truck in San Jose, CA; and authorizing the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $356,129.
FISCAL IMPACT
The total cost of the John Deere backhoe purchase with Pape Machinery is $198,869 and the water truck purchase with Mission Valley Ford is $157,260 for a total amount not to exceed of $356,129. This total amount of $356,129 will be expended through the Vehicle and Equipment Replacement Fund, which includes budget for these purchases in fiscal year 2023/24. The Vehicle and Equipment Replacement Fund has sufficient funds for these purchases, with a projected cash balance on June 30, 2024 of $6,103,642.
The Vehicle and Equipment Replacement Fund receives annual contributions from City funds in order to ensure sufficient resources are available when replacement is needed. Annual funding in the operating budget comes from the General Fund (50%), Enterprise Funds (45%), and other funds (5%).
BACKGROUND
The City’s Vehicle Policy contains guidelines for replacement of City vehicles and equipment. The Vehicle Policy establishes the useful life for backhoes at 12 years or 5,000 hours and trucks at 24,000 lbs. at 12 years or 150,000 miles. In 2005, the Bay Area Air Quality Management District approved the On-Road Heavy-Duty Diesel
CITY COUNCIL AGENDA ITEM NO. F.10
03/26/2024
Fueled Public Fleet and Utility Rule. In 2006, the California Air Resources Board signed the Final Regulation Order for Off Road Diesel Vehicles. These rules have set phase out compliance goals for older non-compliant diesel engines for “On Road” and “Off Road” vehicles. Brentwood has reported the water truck as a “Low Use” vehicle allowing the City to operate it since 2011 without re-powering or replacing. The City will continue to meet or exceed all Air Resources Board regulations by utilizing the latest technology available.
The requested purchase of the backhoe and water truck for the Public Works Department are direct replacements for existing vehicles. The two requested vehicles are scheduled for replacement this fiscal year. Staff evaluated the condition of these two vehicles and recommends replacement at this time. Both of the replaced vehicles will be sold at auction as surplus.
Policy
Years/Mileage
Maintenance Cost
Vehicle
Actual
Years/Mileage
Last 3-Year
Average
John Deere Backhoe 12 / 5,000 Hrs 13 / 3,200 Hrs $3,700 Water Truck 12 / 150,000 23 / 6,187 $1,200
Per Purchasing Policy No. 10-7. The City will utilize a cooperative purchasing agreement to purchase the replacement John Deere backhoe, a Sourcewell agreement with John Deere Company, Contract No. 032119-JDC. Sourcewell offers a wide variety of commodities, non-IT services and information technology products and services, where participating vendors submit pricing based on bulk government sales. Staff reviewed similar product prices and found Sourcewell prices to be fair and reasonable. Staff requests the approval to purchase the John Deere backhoe in the amount of $198,869 from Pape Machinery, the authorized John Deere dealer for Northern California.
Bid specifications were distributed to three vendors for the replacement water truck.
The bid specifications provided the following results:
Mission Valley Ford Truck $157,260
Valew Quality Truck Bodies No Bid
Livermore Ford Fleet Sales No Bid
Staff requests the approval to purchase the water truck in the amount of $157,260 from Mission Valley Ford Truck.
CITY COUNCIL AGENDA ITEM NO. F.10
03/26/2024
The City’s Vehicle and Equipment Replacement Fund was established to provide funding for the timely replacement of vehicles and equipment. The Vehicle and Equipment Replacement Fund has sufficient funds for the purchase of these two vehicles in a total not to exceed amount of $356,129 and are budgeted in the City Council amended 2023/24 Operating Budget.
This purchase of this equipment/truck complies with Purchasing Policy 10-7 and the Use of Vehicles and Related Equipment Policy 10-9.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Do not approve staff’s recommendation.
2. Modify staff’s recommendation based on legally defensible findings.
3. Continue item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Quotes
Attachment “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On February 14, 2017, by Resolution No. 2017-17, the City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”).
On January 23, 2024, by Resolution 2024-09, the City Council adopted the amended 2023/24 Operating Budget.
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING THE PURCHASE OF ONE
REPLACEMENT JOHN DEERE BACKHOE IN THE AMOUNT OF
$198,869 FROM PAPE MACHINERY IN NEWARK, CA, AND ONE
REPLACEMENT WATER TRUCK IN THE AMOUNT OF $157,260
FROM MISSION VALLEY FORD TRUCK IN SAN JOSE, CA; AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE
ANY NECESSARY ASSOCIATED DOCUMENTS IN A TOTAL
AMOUNT NOT TO EXCEED $356,129.
WHEREAS, on February 14, 2017, by Resolution No. 2017-17, the City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”); and WHEREAS, on January 23, 2024, by Resolution 2024-09, the City Council adopted the amended 2023/24 Operating Budget; and
WHEREAS, the replacement John Deere backhoe will be purchased in the amount of $198,869 utilizing a Sourcewell cooperative purchasing agreement, Contract No. 032119-JDC, from Pape Machinery in Newark, CA, the authorized John Deere dealer for Northern California; and
WHEREAS, the bid for the purchase of the replacement water truck from Mission Valley Ford Truck in San Jose, CA, in the amount of $157,260 is the only responsible and responsive bid received and staff is moving forward with the purchase of this replacement; and
WHEREAS, these purchases are in compliance with the Purchasing Policy No. 10-7 and the Vehicle Policy; and
WHEREAS, the amount of $356,129 will be expended through the Vehicle and Equipment Replacement Fund, which includes associated budget for these purchases in fiscal year 2023/24.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the purchase of one replacement John Deere backhoe in the amount of $198,869 from Pape Machinery in Newark, CA, and one replacement water truck in the amount of $157,260 from Mission Valley Ford Truck in San Jose, CA; and authorizes the City Manager or designee to any necessary associated documents in a total amount not to exceed $356,129.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of March 2024 by the following vote:
Customer:
Date
Attention:
Quote ID #30333851
List Price $ 260,168.00
Discounts Applied -41.00% $ (106,668.88)
Total Cost of Add-Ons $ 29,270.38
Pape Newark Price $ 182,769.50
Sales Tax 8.75% $ 15,992.33
$ 107.00
$ 198,868.83
17E0T 410 P-tier Backhoe Loader
30A1 Custom Code - 2 Wheel Drive Transmission
183E JDLink™
0202 United States
0259 English
0351 Translated Text Labels
1003 Cab
4006 John Deere 4.5L - FT4/Stage IV
5251 Galaxy 21L-24 12PR Rear & 12.5/80-18 12PR Front
6154 Dual Maintenance Free Batteries With Disconnect, Jump Post, and Engine Block Heater 6577 1250 lb. (567 kg.) Front Counterweight
6752 Extendible Dipperstick
7002 Auxiliary Hydraulics with One & Two Way Flow (Hammer & Thumb/Swinger) 7028 Pilot Controls, Two Lever, with Pattern Selection
7040 Three-Function Loader Hydraulics, Single Lever
7713 Rear Hydraulic Coupler for Pin-on Buckets - Less Thumb 7861 1.31 cu. yd. (1.0 cu. m.) Multi-Purpose Bucket
8062 Backhoe Boom Protection Plate
8075 Diagnostic Oil Sampling Ports
8096 Premium Mirror Option - Exterior Rear View Mirrors (2) and Front View Mirror (1) 8109 Sun Visor
8142 LED Light Package
8146 Left Side Console Storage with Cup Holders
8165 Auto Ride Control
8183 Radio, Bosch Premium Package
8207 Seat, Cloth Air-Suspension
8213 Chrome Exhaust Extension
Additional Items
AT434236 Rubber Bumper for Grille Frame
AT335984 Extendable Dipperstick Bolt-On Protection Plate AT305073 Stabilizer Cylinder Guards (Set of Two)
AT437344 24 in. Heavy Duty BKH Pin-on Bucket (610 mm); 8.8 Cu. Ft. (0.25 Cu. Mt.) AT437340 18 in. Heavy Duty BKH Pin-on Bucket (457 mm); 5.1 Cu. Ft. (0.14 Cu. Mt.) AT437338 12in. Heavy Duty BKH Pin-on Bucket (305mm); 3.3 Cu. Ft. (0.09 Cu. Mt.) AT446496 License Plate Bracket
Terms Sourcewell, Net-30, Contract # 011723-JDC, Member # 2123 Warranty:
Service Agreement: 500-Hour, 1,000-Hour, 1,500-Hour Field Services Included Term: Net-30
FOB:
Phone: 925-997-7933
E-Mail [email protected]
San Francisco Bay Area
Territory Manager
Ed Le Roy
3 Year/3000 Hour Powertrain & Hydraulic Warranty
DMV & Tire Fee (if applicable)
Out The Door Total
150 City Park Way, Brentwood, CA 94513
Formal Quote
2/6/2024
Scott Dempsey
City of Brentwood
New John Deere 410 P Backhoe
Factory Order New
Customer responsible for applicable Sales Tax at point of delivery Quote valid for 90 days
CITY COUNCIL AGENDA ITEM NO. F.11
03/26/2024
SUBJECT: Consideration of actions pertaining to the City’s Landscape and Lighting Assessment Districts, including LLAD’s No. 19-3 and No. 21-1, and the Citywide Park Maintenance District No. 98-1 for FY 2024/25
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Aaron Wanden, Parks Maintenance Manager
TITLE/RECOMMENDATION
Adopt a Resolution of Initiation appointing Francisco & Associates (“Francisco”) as the Engineer of Work for the Landscape and Lighting Assessment Districts, including the Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1 (the “LLADs”), and the Citywide Park Maintenance District No. 98-1 (collectively, the “Districts”) for Fiscal Year 2024/25; ordering the Engineer of Work to prepare and file the Engineer’s Reports for Fiscal Year 2024/25; and making a finding that the actions are categorically exempt from the California Environmental Quality Act, and approving and authorizing the City Manager to execute Amendment No. 2 to the Agreement for Professional Assessment Engineering Services in the amount of $229,900, plus a 10% contingency amount of $22,990 for a not to exceed amount of $252,890 for Fiscal Year 2024/25 assessment year activities.
FISCAL IMPACT
Upon City Council approval, the amount of the agreement is $229,900, plus a 10% contingency in the amount of $22,900, for a not to exceed amount of $252,890 for Fiscal Year 2024/25 assessment year activities. To ensure the Districts are selfsupporting, each existing District has had an administrative cost factored into the assessment rate during formation, to cover creation of annual Engineer’s Reports and the levying of assessments. Funds to cover the costs associated with each annexation or the formation of a LLAD are deposited with the City by the developer.
Contract services provided under this agreement are funded by the LLADs, the Citywide Park Maintenance District No. 98-1, and the Water and Wastewater Enterprise Funds. A breakdown of the estimated costs related to the agreement to
CITY COUNCIL AGENDA ITEM NO. F.11
03/26/2024
be funded by each funding source follows: $199,900 by the LLADs, $19,250 by the Citywide Park Maintenance District, and $10,750 by the Water and Wastewater Enterprise Fund. The Fiscal Year 2023/24 Operating Budget includes appropriations for the services to be provided. The draft Fiscal Year 2024/25 Operating Budgets will include appropriations for the services to be provided.
BACKGROUND
The Landscaping and Lighting Act of 1972 (the “Act”) requires that an annual review and updated Engineer’s Reports be prepared to set assessment rates each fiscal year.
The Act also requires an Engineer’s Report to be generated for any new assessment districts or any annexations into existing assessment districts.
It is proposed that Francisco will prepare four Engineer’s Reports for this year: (1) one for the LLADs, (2) one for LLAD No. 19-3, (3) one for LLAD No. 21-1, and (4) one for the Citywide Park Maintenance District. If there are any annexations into existing LLADs or if the formation of a new LLAD is necessary, they will either be included with the future LLAD Consolidated Report, the LLAD No. 19-3 Report, or a new annual report will be created. Francisco will also update the findings of the facilities and expenses associated with the LLADs due to increased areas of public landscaping from residential and commercial development projects that have been accepted for City maintenance.
In March 2021, a professional services agreement was entered into with Francisco for assessment engineering services for Fiscal Years 2021/22 and 2022/23 in a not to exceed amount of $229,990 per agreement year. The two-year agreement included an option to extend the agreement for two additional one-year terms.
Staff is recommending approval of Amendment No. 2 in an amount not to exceed $229,900 for Fiscal Year 2024/25 Assessment Engineering Services.
In addition, this Council action will initiate the Fiscal Year 2024/25 proceedings for the levy and collection of annual assessments for existing assessment districts. This involves directing the Engineer of Work to prepare the Fiscal Year 2024/25 Engineer’s Reports. Thereafter, the City Council may adopt a Resolution preliminarily approving (as filed or as modified) the Engineer’s Reports and a Resolution of Intention to levy and collect assessments for Fiscal Year 2024/25. Following such action, the City Council at a subsequent meeting would hold a public hearing and may adopt a resolution confirming the assessments (either as preliminarily approved or as
CITY COUNCIL AGENDA ITEM NO. F.11
03/26/2024
modified at the conclusion of the public hearing) and authorizing the levy and collection of such assessments.
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
The City’s action is categorically exempt from the California Environmental Quality Act (CEQA). The action consists of initiation of proceedings for the levying of annual assessments for landscape, lighting, trail, and park maintenance purposes and is within certain classes of projects that have been determined not to have a significant effect on the environment in that it meets the criteria set forth in sections 15273 (Rates, Tolls, Fares, and Charges), 15301(c) (Existing Facilities), and 15306 (Information Collection) of the State CEQA Guidelines.
ALTERNATIVE OPTION(S)
Not approving these actions will result in the inability to prepare and file the Engineer’s Reports for Fiscal Year 2024/25, which is required by the Landscaping and Lighting Act of 1972. This act requires that an annual review and updated Engineer’s Report be generated for any new assessment districts or any annexations into existing assessment districts.
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Amendment No. 2
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.
Actions were taken in previous years to form the City’s existing 67 Landscape and Lighting Assessment Districts (“LLADs”) and Citywide Park Maintenance District.
Engineer’s Reports setting the annual assessment rates have been approved each year by the City Council prior to finalizing the property tax roll with Contra Costa County and levying assessments.
On March 23, 2021, by Resolution No. 2021-32, the City Council adopted a resolution approving and authorizing the City Manager or his/her designee to execute a Professional Services Agreement with Francisco for a two-year term, in an amount not to exceed $229,900 per agreement year for assessment engineering services for Fiscal Years 2021/22 and 2022/23. In addition, the two-year agreement included an option to extend the agreement for two additional one-year terms.
On March 14, 2023, by Resolution No. 2023-25, the City Council adopted a resolution approving and authorizing the City Manager or his/her designee to execute an amendment to extend the agreement for Fiscal Year 2023/24, for the first of the two allowable optional one-year terms in an amount not to exceed $229,900.
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD OF INITIATION APPOINTING FRANCISCO &
ASSOCIATES, AS THE ENGINEER OF WORK FOR THE LANDSCAPE
AND LIGHTING ASSESSMENT DISTRICTS, INCLUDING THE
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 19-3,
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 21-1,
AND THE CITYWIDE PARK MAINTENANCE DISTRICT NO. 98-1
FOR FISCAL YEAR 2024/25; ORDERING THE ENGINEER OF WORK
TO PREPARE AND FILE THE ENGINEER’S REPORTS FOR FISCAL
YEAR 2024/25; AND MAKING A FINDING THAT THE ACTIONS
ARE CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 2 TO THE AGREEMENT FOR PROFESSIONAL ASSESSMENT
ENGINEERING SERVICES IN THE AMOUNT OF $229,900, PLUS
A 10% CONTINGENCY AMOUNT OF $22,990 FOR A NOT TO
EXCEED AMOUNT OF $252,890 FOR FISCAL YEAR 2024/25
ASSESSMENT YEAR ACTIVITIES.
WHEREAS, the Landscape and Lighting Assessment Districts, encompassing the City of Brentwood’s existing 67 Landscape and Lighting Assessment Districts, and the Citywide Park Maintenance District No. 98-1 (collectively, the “Districts”), were previously established by the City Council and approved by the property owners; and WHEREAS, the general location and boundaries of the Districts are shown on the maps on file in the office of the City of Brentwood Department of Parks and Recreation and are incorporated herein by reference and open to public inspection; and
WHEREAS, the City has previously levied assessments on property in these Districts to pay for improvements therein; and
WHEREAS, Section 22622 of the California Streets and Highways Code requires the City Council to annually adopt a resolution of initiation generally describing any proposed new improvements or any substantial changes in existing improvements to be included for the determination of annual assessments levied for any existing assessment district created under the Landscaping and Lighting Act of 1972; and
WHEREAS, Section 22622 further requires that the City Council order the preparation of an Engineer’s Report prior to declaring their intention to levy annual assessments for any such district; and
WHEREAS, Francisco & Associates has expertise and experience in the proceedings of the Landscaping and Lighting Act of 1972; and WHEREAS, in March 2021, a professional services agreement was entered
into between the City and Francisco & Associates for assessment engineering services for Fiscal Years 2021/22 and 2022/23, in a not to exceed amount of $229,900 per agreement year. The two-year agreement includes an option to extend the agreement for two additional one-year terms; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that:
1. The recitals set forth above, are true and correct and material to the adoption of this resolution; and
2. The improvements to be made in these Districts are generally described as the operation, maintenance and servicing of parks, trails, arterial roadway and intract street lighting and landscaping, irrigation, and associated facilities located in public areas; and
3. Francisco & Associates is the firm designated by this City Council as the Engineer of Work for the Landscape and Lighting Assessment Districts, including the Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2024/25, and is hereby directed to prepare and file Engineer’s Reports for Fiscal Year 2024/25 in accordance with the provisions of the Landscaping and Lighting Act of 1972 and Article XIII D, Section 4, of the California Constitution; and
4. Amendment No. 2 to the Professional Services Agreement with Francisco & Associates in an amount not to exceed $229,990, plus a 10% contingency amount of $22,990, for a not to exceed amount of $252,890 for Fiscal Year 2024/25 assessment year activities for Landscape & Lighting Assessment Districts, including Landscape and Lighting Assessment District No. 19-3 and Landscape and Lighting Assessment District No. 21-1, as well as Citywide Park Maintenance District No. 98- 1 for Fiscal Year 2024/25 is hereby approved, and the City Manager or his/her designee is authorized to execute same; and
5. The City’s actions detailed in this resolution are categorically exempt from the California Environmental Quality Act (CEQA), as the actions consist of the initiation of proceedings for the levying of annual assessments for landscape, lighting, and park maintenance purposes and is within certain classes of projects that have been determined not to have a significant effect on the environment in that it meets the criteria set forth in sections 15273 (Rates, Tolls, Fares, and Charges), 15301(c) (Existing Facilities), and 15306 (Information Collection) of the State CEQA Guidelines.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of March 2024, by the following vote:
1 City Attorney Approved Version 040821
AMENDMENT NO. 2 TO EXTEND AND AMEND THE AGREEMENT FOR
PROFESSIONAL ASSESSMENT ENGINEERING AND TAX CONSULTING SERVICES [Francisco & Associates, Inc.]
This Amendment No. 2 is entered into and effective as of the ____ day of __________________, 2024, extending and amending the agreement dated March 23, 2021 (the “Agreement”) by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Francisco & Associates, Inc., a California Corporation (“Consultant") (collectively, the “Parties”).
RECITALS
A. On March 14, 2023, the Parties entered into Amendment No. One to extend the term of the Agreement through June 30, 2024, and increase the compensation by an amount not to exceed two hundred twenty-nine thousand nine hundred dollars ($229,900); and B. The City has a need for additional professional assessment engineering and tax consulting services; and
C. Section 3 of the Agreement allows the City to extend the term of the Agreement for two additional one-year periods; and
D. The Consultant has performed the Services to the City’s satisfaction and the Parties now desire to extend and fund the Agreement for an additional period of one year, through June 30, 2025, in an amount not to exceed two hundred twenty-nine thousand nine hundred dollars ($229,900).
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:
1. The term of the Agreement is hereby extended for a period of one (1) year beginning July 1, 2024, and ending June 30, 2025.
2. The total amount of compensation to be paid to Consultant under the Agreement is hereby increased by two hundred twenty-nine thousand nine hundred dollars ($229,900) for a total not to exceed Agreement amount of nine hundred nineteen thousand six hundred dollars ($919,600).
3. Except as amended herein, all other provisions of the Agreement, as may be amended from time to time, will remain in full force and effect.
4. All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.
5. The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.
2 City Attorney Approved Version 040821
6. Signatures.
6.1 Counterparts. This Amendment 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.
6.2 Digital/Electronic Signatures. Using a City-approved method, this Amendment 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 Amendment will be construed as the Parties’ consent to do business electronically.
CONSULTANT:
By:
Joseph A. Francisco, President
By:
Eduardo R. Espinoza, Secretary
CITY:
By:
Tim Y. Ogden, City Manager
ATTEST:
By:
Margaret Wimberly, City Clerk
APPROVED AS TO FORM:
By:
Katherine Wisinski, Interim City Attorney
If required by City, proper notarial acknowledgment of execution by Consultant must be attached. If a Corporation, Amendment must be signed by one corporate officer from each of the following two groups. *Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
CITY COUNCIL AGENDA ITEM NO. F.12
03/26/2024
SUBJECT: Second Reading of an Ordinance amending Brentwood Municipal Code Chapter 2.46 (Park and Recreation Commission).
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
TITLE/RECOMMENDATION
Staff recommends that the City Council waive the second reading and adopt Ordinance No. 1071 pertaining to the Park and Recreation Commission.
The proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption – in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.
FISCAL IMPACT
There is no fiscal impact associated with this action.
BACKGROUND
On July 29, 1999, the Brentwood Recreation and Parks District, a then-independent special district, merged into the City of Brentwood and became the City’s Park and Recreation Commission. Brentwood Municipal Code Chapter 2.46 (Park and Recreation Commission) was adopted that same year to regulate this new commission. Staff understands that Chapter 2.46 was partly based on the review of the regulations of other cities’ commissions in place at the time. As currently written, however, a number of the Commission’s current powers and duties are framed in the manner more appropriate to an independent governing body, not one that is subsidiary to a City Council. Because of this, some of those provisions are either not legally permissible, as they are functions that belong to other City officials or
CITY COUNCIL AGENDA ITEM NO. F.12
03/26/2024
employees, or are simply not reflective of the Commission’s role as an advisory body to the City Council.
In late 2020, staff brought forward an ordinance for City Council consideration that made more uniform the governing rules for the City’s various commissions - Planning, Park and Recreation, Arts, and Youth. In addition, it added new Municipal Code chapters for the City’s Building Board of Appeals and Poet Laureate. At the time, the revisions to make each of the commissions’ procedural requirements consistent included those related to the establishment of the commission, appointment of members, removal from office, officers, and meeting rules and procedures. Other revisions were proposed that were more specific to each commission.
Following discussion, the City Council at the time requested additional revisions to the Municipal Code’s Park and Recreation Commission provisions. At a later meeting, the Council voted to table the ordinance until a new City Council was seated and could consider it.
Subsequent to the 2020 meetings, the then-City Council asked staff to revise further the other commissions’ ordinances as they pertained to, among other things, the appointment and removal of members. This work was subsequently undertaken.
On September 26, 2023, Council Member Pierson requested, by way of a future agenda item request, a review of the Brentwood Municipal Code sections that are no longer enforceable, specifically including Brentwood Municipal Code (BMC) section
2.46.020, regarding the powers and duties of the Park and Recreation Commission.
On October 10, 2023, the City Council authorized staff to undertake a review of the Park and Recreation Commission ordinance for revisions to those powers and duties that are unenforceable. Staff has prepared an amendment to BMC section 2.46.020, that removes those sections that are not enforceable.
On March 12, 2024, the City Council considered amendments to the Brentwood Municipal Code Chapter 2.46, heard from staff and members of the public, and reviewed comments submitted in writing regarding potential changes to the ordinance. At City Council’s request, language was modified in BMC section 2.46.020 (‘Powers and Duties’) related to the Commission’s role in advising the Director of Parks and Recreation regarding rules and regulations. In addition, changes were requested to replace gendered terminology with non-binary language in lieu of “his/her” in BMC sections 2.46.060(F) (‘Officers’) and (E) (‘Meetings’). After the
CITY COUNCIL AGENDA ITEM NO. F.12
03/26/2024
Council approved these changes, it waived the first reading of the ordinance as modified.
ANALYSIS
Legally required changes. Staff has prepared an amendment to BMC section
2.46.020, that removes or modifies those sections that are not enforceable. (Attachment 2.) The sections that are suggested to be removed or modified are:
Table 1: Modification to BMC § 2.46.020
Existing BMC
§ 2.46.020 provisions
Suggested change Notes
E: “The park and recreation
commission may seek funds
from private, county, state
and federal sources for park
and recreation programs and
facilities. The commission is
also authorized to receive
funds, devises, bequests,
endowments, or other
donations of money and
property for parks and
recreation on behalf of the
city.”
“The park and recreation
commission may seek
funds from private,
county, state and federal
sources for park and
recreation programs and
facilities. The commission
is also authorized to
receive funds, devises,
bequests, endowments, or
other donations of money
and property for parks
and recreation on behalf
of the city.”
City commissions are not in
a position to receive
monetary or real property
donations on behalf of the
City. Such decisions belong
to the City Manager and City
Council and some such
decisions require the
participation of other
commissions, such as the
Planning Commission, which
by law must consider new
real property acquisitions.
I: “The park and recreation
commission shall advise the
city manager in recruiting and
appointing the director of park
and recreation and shall, by
making a report to the city
manager, be a part of the
yearly evaluation of the
director.”
Delete this language in its
entirety.
Under the City Manager
form of government
followed by most general
law cities, including
Brentwood, the City
Manager is responsible for
the recruitment,
appointment, and evaluation
of city department heads.
J: “The park and recreation
commission shall establish
rules and regulations
governing the conduct of
recreation programs,
protection of property, and
activities of persons in all
parks so that all residents
may enjoy them for leisure
time activities.”
“The park and recreation
commission may advise
and recommend to the
Director of Parks and
Recreation rules and
regulations that the
Director may implement
in their power to govern
the conduct of recreation
programs, protection of
property, and activities of
Updated per
recommendation of City
Council.
CITY COUNCIL AGENDA ITEM NO. F.12
03/26/2024
In addition, at the March 12th City Council meeting, Councilmember Pierson also requested the following changes be made:
persons in all parks so
that all residents may
enjoy them for leisure
time activities.”
K: “The park and recreation
commission shall establish
rates, charges, and deposits
for the use of any and all
recreation and park facilities.”
Delete this language in its
entirety.
The City Council establishes
the rates, charges, and
deposits for City facilities as
part of the yearly Cost
Allocation Plan. This power
does not rest with the
Commission.
L: “The park and recreation
commission shall hold public
meetings on recreation
programming and facility
usage and conduct
investigations and surveys for
the purpose of obtaining facts
and data concerning
recreation programs and to
assure the provision of
programs designed to meet
the needs and interests of
citizens.”
“The park and recreation
commission shall hold
public meetings on
recreation programming
and facility usage and
conduct investigations and
surveys for the purpose of
obtaining facts and data
concerning recreation
programs and to assure
the provision of programs
designed to meet the
needs and interests of
citizens.”
Under the City Manager
form of government,
advisory committees, such
as the Park & Recreation
Commission, are not
empowered with the
authority to direct that
investigations be
undertaken.
N: “The park and recreation
commission shall advise the
city council on the subject of
recreation and facility master
planning and development.
The commission shall
implement and revise, as
needed, the comprehensive
park, recreation and trail
master plan to ensure
preservation of open space,
development of park facilities
and park maintenance
operations and standards, and
creation of recreation
programs.”
“The park and recreation
commission shall advise
the city council on the
subject of recreation and
facility master planning
and development. The
commission shall
implement and revise, as
needed, the
comprehensive park,
recreation and trail
master plan to ensure
preservation of open
space, development of
park facilities and park
maintenance operations
and standards, and
creation of recreation
programs.”
The City Council adopted
the City’s Parks, Trails &
Recreation Master Plan in
February 2019, via approval
of Resolution No. 2019-21.
The legal doctrine of equal
dignities says that an action
taken by one of greater
authority cannot be revised
by one of lesser authority
without permission. Thus, a
subsidiary body of the City
Council cannot revise a
document that the Council
itself has adopted, without
that power being expressly
delegated to the subsidiary
body.
CITY COUNCIL AGENDA ITEM NO. F.12
03/26/2024
The City Council approved all of the changes listed above before introducing and waiving the first reading of the Ordinance, which is attached hereto.
Existing BMC
§ 2.46.020 provisions
Suggested change Notes
J: “The park and recreation
commission shall establish
rules and regulations
governing the conduct of
recreation programs,
protection of property, and
activities of persons in all
parks so that all residents
may enjoy them for leisure
time activities.”
“The park and recreation
commission may advise
and recommend to the
Director of Parks and
Recreation rules and
regulations that the
Director may implement
in their power to govern
the conduct of recreation
programs, protection of
property, and activities of
persons in all parks so
that all residents may
enjoy them for leisure
time activities.”
Updated per
recommendation of City
Council.
Existing BMC
§ 2.46.060 provisions
Suggested change Notes
F: “In the absence of the
chairperson or his/her ability
to act, the vice-chairperson
will preside in place of the
chairperson.”
“In the absence of the
chairperson or his/her
their ability to act, the
vice-chairperson will
preside in place of the
chairperson.”
Replaced gendered
language with non-binary
language.
Existing BMC
§ 2.46.100 provisions
Suggested change Notes
E: “If a member of the
commission is absent without
cause from two successive
regular meetings of the
commission, the commission
may request the city council
declare the position vacant. A
member is not absent without
cause if his/her absence is due
to illness, or is unavoidable
and the member give notice to
city staff before the meeting
that he/she will be absent and
giving the reason for the
absence.”
“If a member of the
commission is absent
without cause from two
successive regular
meetings of the
commission, the
commission may request
the city council declare
the position vacant. A
member is not absent
without cause if his/her
their absence is due to
illness, or is unavoidable
and the member give
notice to city staff before
the meeting that he/she
they will be absent and
giving the reason for the
absence.”
Replaced gendered
language with non-binary
language.
CITY COUNCIL AGENDA ITEM NO. F.12
03/26/2024
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
The proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption – in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Do not approve Ordinance 1071.
2. Continue item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Action
2. Ordinance No. 1071
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.
Since the City’s incorporation, City Council has adopted numerous ordinances, resolutions and policies pertaining to the creation, revision, and dissolution of City Boards and Commissions.
On October 12, 1999, City Council passed and adopted Ordinance No. 624 adding Title 1, Chapter 2.46 to the Brentwood Municipal Code establishing a Park and Recreation Commission.
On July 28, 2009, the City Council adopted Ordinance 873, amending section 2.46.070 (Compensation) of the Brentwood Municipal Code to authorize Park and Recreation Commission Compensation.
On November 10, 2020, the City Council considered an ordinance to, among other things, make the procedural requirements between the commissions, including the Park and Recreation Commission, more uniform and clarify the powers and duties of the commissions. Following discussion the City Council asked for additional revisions to the ordinance pertaining to the Park and Recreation Commission.
On November 17, 2020, the City Council again considered the ordinance, with additional revisions to the Parks and Recreation Commission and Poet Laureate provisions, but declined to move forward with the ordinance at that time.
On September 26, 2023, Council Member Pierson requested a review of the Brentwood Municipal Code sections that are no longer enforceable, including Brentwood Municipal Code 2.46.020, regarding the powers and duties of the Park and Recreation Commission, and any sections of the Municipal Code that are unenforceable.
On October 10, 2023, the City Council concurred with Council Member Pierson’s future agenda item request and staff undertook a review of the Park and Recreation Commission ordinance with regard to those powers and duties that are unenforceable.
On March 12, 2024, the City Council introduced and waived the first reading of an Ordinance amending Brentwood Municipal Code Chapter 2.46 (Park and Recreation Commission).
ORDINANCE NO. 1071
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING BRENTWOOD MUNICIPAL CODE CHAPTER 2.46 (PARK AND RECREATION COMMISSION).
WHEREAS, the City of Brentwood currently has four commissions that make recommendations to the City Council and take action on specific subject area issues; and WHEREAS, Brentwood Municipal Code Chapter 2.46 governs the actions of the Park and Recreation Commission; and
WHEREAS, the City Council desires to clarify the powers and duties of the Park and Recreation Commission; and
WHEREAS, to effectuate the desired changes, it is necessary to amend certain provisions of Brentwood Municipal Code Chapter 2.46; and
WHEREAS, since the City’s incorporation, the City Council has adopted numerous ordinances, resolutions and policies pertaining to the creation, revision, and dissolution of City Commissions; and
WHEREAS, on November 10, 2020, the City Council considered an ordinance to, among other things, make the procedural requirements between the commissions more uniform; clarify the powers and duties of the commissions; and asked for additional revisions to the ordinance pertaining to the Park and Recreation Commission; and
WHEREAS, on November 17, 2020, the City Council again considered the ordinance, with additional revisions to the Parks and Recreation Commission and Poet Laureate provisions, and declined to move forward with the ordinance at that time; and WHEREAS, on September 26, 2023, Council Member Pierson made a future agenda item request for staff to conduct a review of the Brentwood Municipal Code sections that are no longer enforceable, specifically including Brentwood Municipal Code section 2.46.020, regarding the powers and duties of the Park and Recreation Commission; and WHEREAS, on October 10, 2023, the City Council concurred with the foregoing future agenda item request and staff undertook a review of the Park and Recreation Commission ordinance to revise those powers and duties that are unenforceable; and WHEREAS, on March 12, 2024, the City Council considered amendments to Brentwood Municipal Code Chapter 2.46, heard from staff and members of the public, and reviewed comments submitted in writing regarding potential changes to the ordinance.
NOW, THEREFORE, the City Council of the City of Brentwood does ordain as follows:
SECTION 1. Brentwood Municipal Code Chapter 2.46 (Park and Recreation Commission) is hereby amended to read as provided in Exhibit A, attached hereto and incorporated herein.
Deleted language is struckthrough; additional language is underlined.
SECTION 2. This ordinance will be published in accordance with Government Code Section 36933 by either posting or publishing the ordinance in accordance with that law.
SECTION 3. The City Clerk is requested to cause the amended language of Chapter
2.46.020 as quoted in Exhibit A, to be entered in the City of Brentwood Municipal Code.
SECTION 4. If any exhibit, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding will not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.
SECTION 5. The proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption - in that the proposed ordinance would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. There is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.
SECTION 6. This ordinance will take effect and be in force 30 days following its adoption.
THIS ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 12th day of March, 2024, by the following vote:
EXHIBIT ‘A’
BRENTWOOD MUNICIPAL CODE CHAPTER 2.46
PARK AND RECREATION COMMISSION
§ 2.46.010. Commission establishment.
The city of Brentwood park and recreation commission is established with membership, powers and duties as set forth in this chapter.
§ 2.46.020. Powers and duties.
The park and recreation commission shall have the general powers and duties as follows:
A. The city shall acquire lands for park and recreational purposes. The city council shall receive recommendations from the park and recreation commission with reference to land acquisition and dedications before the city council acquires the property.
B. The park and recreation commission, acting on behalf of the city of Brentwood shall oversee all property set aside for park purposes as representatives of the city council.
C. The park and recreation commission shall encourage, stimulate, promote and foster programs for the enrichment of the city and thereby contribute to the quality of life in Brentwood and develop an awareness in the business community, in local government and in the general public of the value and benefits of the constructive use of leisure time in Brentwood. The park and recreation commission may perform other related functions that may come before the commission or may be referred to it by the city of Brentwood city council.
D. The park and recreation commission shall initiate, sponsor or conduct, alone or in cooperation with other public or private agencies and/or individuals, programs to further the development and public awareness of, and interest in park and recreation issues.
E. The park and recreation commission may seek funds from private, county, state and federal sources for park and recreation programs and facilities.
F. The park and recreation commission shall have the power to issue proclamations in recognition of support and/or in honor of outstanding achievements related to park and recreation.
G. The park and recreation commission will work with the planning commission on general land use issues to ensure adequate park, recreation and trail facilities exist in the city and review and recommend all conceptual park and recreation facility designs. The park and recreation commission shall approve all landscape and architectural plans for park and recreational facilities and will make recommendations to city council regarding final approval of such projects.
H. The park and recreation commission will appoint a nonvoting representative(s) to the city of Brentwood youth commission to act as a liaison from the park and recreation commission. The park and recreation commission will also request the city of Brentwood youth commission to appoint a non-voting representative(s) to the park and recreation commission.
I. The park and recreation commission may advise and recommend to the Director of Parks and Recreation rules and regulations that the Director may implement in their power to govern the conduct of recreation programs, protection of property, and activities of persons in all parks so that all residents may enjoy them for leisure time activities.
J. The park and recreation commission shall hold public meetings on recreation programming and facility usage and conduct surveys for the purpose of obtaining facts and data concerning recreation programs and to assure the provision of programs designed to meet the needs and interests of citizens.
K. The park and recreation commission shall review grants, facility developments and designs, and recreation programs.
L. The park and recreation commission shall advise the city council on the subject of recreation and facility master planning and development.
M. The park and recreation commission shall support and facilitate joint cooperation with local school districts, community athletic associations, and other community organizations.
N. The park and recreation commission shall make recommendations to the city council regarding the right to exclude persons; to regulate traffic, including pedestrian, equestrian, and vehicular; to regulate the operation and use of bicycles; the keeping or use of animals; the conducting of assemblies, contests, games, and sports; and the regulation of activities, such as merchandising, advertising, gambling, solicitation, and imbibing of alcohol, from or in any and all recreation facilities.
O. The park and recreation commission shall forward appeals of any actions of the commission to the city council.
§ 2.46.030. Membership.
The park and recreation commission shall consist of five members who shall be residents of the city of Brentwood or from the boundaries of the former Brentwood recreation and park district.
Members shall comply with all state and local laws relative to appointments to government office.
§ 2.46.040. Terms of office.
A. Commission members shall be nominated by the mayor, and be approved by the city council, at a regularly scheduled council meeting, for terms of three years. Terms of members shall be staggered so that no more than two terms shall expire in any one year. The maximum term for any commissioner is three consecutive three year terms. A one-year absence after serving the maximum term is required before being reconsidered for appointment.
B. All appointees to the commission shall hold their offices until their successors are appointed.
C. Members shall be subject to removal by action of the city council without cause, only at a regularly scheduled city council meeting.
§ 2.46.050. Vacancies.
Vacancies occurring during the term shall be filled for the unexpired portion of the term.
Vacancies shall be filled by nomination of the mayor with approval of the city council. § 2.46.060. Officers.
A. The officers of the park and recreation commission shall be chairperson and vicechairperson, holding a one-year term in each position or until their successor(s) is/ are elected. The vice-chair will automatically ascend to the position of chairperson at the conclusion of the chairperson's term. They shall perform all duties associated with such offices.
B. Election of officers, by a majority vote of the commission, shall be held at the regularly scheduled organizational meeting of the commission in January of each year. The term of office for the elected officers will start at the conclusion of the January meeting.
Nominations for officers may be made by any commissioner at the January meeting.
C. The chairperson or vice-chairperson may be removed from their office by a majority vote of the commission.
D. Upon resignation or removal of the chairperson, the vice-chairperson shall ascend to the office of interim chairperson, after which time an election will be held for the vacant office of chairperson or vicechairperson.
E. The chairperson will perform the following duties:
1. Presides at all meetings of the commission and will serve as parliamentarian;
2. Appoints committees and chairpersons of committees as necessary;
3. Represents the commission before the city council;
4. Performs other duties necessary or customary to the office;
5. Represents the commission at dedication and official functions.
F. In the absence of the chairperson or their ability to act, the vice-chairperson will preside in place of the chairperson.
G. The commission or the chairperson may appoint several of its members, but less than a quorum, to serve as a committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the commission may appoint nonmembers to a committee. Committees make recommendations directly to the commission. A committee may not represent the commission before the city council or other bodies unless it has first received the authorization of the commission to do so. § 2.46.070. Compensation.
Members of the park and recreation commission shall be compensated pursuant to resolution of the city council. Further, reimbursement may be allowed for necessary traveling and other expenses incurred on official duty when such expenditures have received prior authorization. § 2.46.080. Budget.
The park and recreation commission, on an annual basis, shall review the proposed city of Brentwood park and recreation budgets prior to the budget being submitted to city council. The budget review will include, at a minimum: capital improvement projects; general fund; developer fees; grants and donations; county park and recreation fund; and fees and charges. The commission may make comments related to the budget that will be included as a part of the budget that is presented to city council for final approval. § 2.46.090. Annual report.
The commission shall prepare and submit an annual report of its activities to the city council. § 2.46.100. Meetings.
A. The park and recreation commission will approve a yearly calendar of meetings at the December commission meeting. Regular meetings of the park and recreation commission shall be held on the fourth Thursday of each month at a time and location to be determined by the commission. Should a regular meeting fall on a city-recognized holiday, the commission will establish the regular meeting for that month as a part of the yearly calendar approval.
B. All scheduled and special meetings of the commission shall be publicly noticed, open to the public, and the record of proceedings available to the public. The chairperson may request the attendance at meetings of any official or employee of the city, in an advisory capacity, to assist the commission in its deliberations.
C. A quorum for transacting business at any regularly scheduled or special meeting shall be at least fifty-one percent of the filled commissioner positions. Approval of any business transacted shall require a majority vote of the commissioners in attendance.
D. If a commission member ceases to reside in the city of Brentwood or the boundaries of the former Brentwood recreation and park district, such commissioner's position shall be declared vacant.
E. If a member of the commission is absent without cause from two successive regular meetings of the commission, the commission may request the city council declare the position vacant. A member is not absent without cause if their absence is due to illness, or is unavoidable and the member give notice to city staff before the meeting that he/she will be absent and giving the reason for the absence.
§ 2.46.110. Clerical assistance.
Clerical assistance shall be provided by the city to assist the commission. Agendas will be provided a minimum of seventy-two hours prior to any regularly scheduled meeting and include any minutes from previous meetings not approved by the commission. § 2.46.120. Staff assistance.
The city of Brentwood director of parks and recreation, or designee(s) as appointed by the city manager, will be the staff liaison(s) to the commission. The staff liaison(s) shall work with the commission to effect the goals of the commission.
§ 2.46.130. Task force(s).
A. The commission may make a recommendation to the city council requesting the formation of a task force to address certain specific issues; to function for a limited duration or purpose; and to operate solely in an advisory capacity.
B. The commission's recommendation shall state:
1. The nature and purpose for forming the task force;
2. The goal(s) of the task force;
3. The reason(s) why the same goal(s) can not be accomplished by the commission;
4. The duration of time that the task force will function;
5. The budget of the task force including, but not limited to, any monetary and nonmonetary resource being sought from the city;
6. The number of individuals to serve on the task force;
7. A proposed list of individuals interested in serving on the task force;
8. Any other information deemed relevant and appropriate.
C. The city council may, by a majority vote, authorize and approve the formation of a task force, which shall operate solely in an advisory capacity and appoint the membership thereon.
D. The city council may, by a majority vote, disestablish any task force created. § 2.46.140. Code of ethics.
Park and recreation commissioners agree to follow the "Code of Ethics for Park and Recreation Commissioners" as established by the National Recreation and Park Association.
As a Park and Recreation Commissioner, representing all of the residents, I recognize that:
1. I have been entrusted to provide park and recreation services to my community.
2. These services should be available to all residents regardless of age, sex, race, religion, national origin, physical or mental limitation.
3. While honest differences of opinion may develop, I will work harmoniously with other Commissioners to assure residents the services they require.
4. I will invite all residents to express their opinions so I may be properly informed prior to making my decisions. I will make them based solely upon the facts available to me. I will support the final decision of the Commission Board.
5. I must devote the time, study and thought necessary to carry out my duties.
6. The Commission establishes the policy and the staff is responsible for administering the polices of the Commission.
7. I have no authority outside of the proper meetings of the Commission.
8. All Commission meetings shall be open to the public except as provided by law. § 2.46.150. Amendments.
This chapter may be amended in the same manner as originally adopted.
CITY COUNCIL AGENDA ITEM NO. G.1
03/26/2024
SUBJECT: Assembly Bill (AB) 2011 application and Design Review informational item for the O’Hara Apartments project, located at the northwest corner of Lone Tree Way and O’Hara Avenue, and request for direction on future processing of AB 2011 projects.
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Miguel Contreras, Associate Planner
TITLE/SUMMARY
Assembly Bill (AB) 2011 application and Design Review informational item for the O’Hara Apartments project, located at the northwest corner of Lone Tree Way and O’Hara Avenue, and request for direction on future processing of AB 2011 projects.
An AB 2011 application and Design Review (DR 24-002) was submitted on January 9, 2024, seeking ministerial, streamlined, approval of a proposal to build a 26-unit mixed-income, multi-family, apartment project. AB 2011 requires an agency to determine if a project would qualify for ministerial approval within 60 days of submittal of the development proposal. If the application is deemed consistent with the provisions of AB 2011, then the reviewing agency has 90 days, from the date of initial submittal, to conduct a design review and approve the project. This design review can only be objective and be strictly focused on assessing compliance with criteria required to qualify for ministerial approval.
This is an informational item to make the City Council aware that such an application was submitted to the City and has been reviewed by Staff. Based on compliance with the required criteria (as described below) staff has found that the project qualifies for streamlined, ministerial approval.
AB 2011 exempts qualifying projects from the provisions of the California Environmental Quality Act (CEQA).
FISCAL IMPACT
The project proponent, TA O’Hara, LLC, has paid a total of $9,600 to process the application.
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BACKGROUND AND PROJECT DESCRIPTION
AB 2011
In 2022, Assembly Bill 2011 was signed into law. It is known as the “Affordable Housing and High Road Jobs Act of 2022” (see Gov. Code section 65912.100 et seq.).
Like much of California’s recent housing legislation, the bill essentially overrides local General Plan and zoning designations. Regardless of the General Plan designation since AB 2011 does not require consistency with the General Plan and focuses solely on limited, objective zoning requirements. In addition, GC § 65912.120 states that “[n]otwithstanding any inconsistent provision of a local government's general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit an application for a housing development that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to Section 65912.124 if the proposed housing development satisfies all of the requirements in Sections 65912.121, 65912.122, and 65912.123.” (Emphasis added.) AB 2011 creates a ministerial, CEQA-exempt approval process for multifamily housing developments on sites within zones where either office, retail, or parking are a principally permitted use. Ministerial approval means that these projects are approved at an administrative/staff level without review by the Planning Commission or City Council. While the law provides for slightly different qualifying criteria based on whether a project is 100% affordable or a mixed-income project, any qualifying project must pay prevailing wages to construction workers and comply with certain labor standards.
In order to qualify for the AB 2011 ministerial approval, a project must comply with certain eligibility criteria generally known as the “site and project criteria,” the “affordability criteria,” and the “objective development standards criteria.” Among other things, those criteria include the following:
inclusion of below market rate affordable units (mixed-income rental projects must include 8% of the total units as affordable to very low-income and 5% affordable to extremely low-income, or 15% affordable to low-income; mixedincome ownership projects must include 30% of the units as affordable to moderate income or 15% affordable to low-income)
1 ;
payment of prevailing wages to all construction workers;
1 Very-low income households earn 50% or less of the area median income (AMI) for Contra Costa County. Lowincome households earn 80% or less of AMI, and moderate households earn 120% or less of AMI.
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located in a zone where office, retail, or parking are a principally permitted use and abutting a “commercial corridor”;
located on a site where 75% of the adjacent parcels are developed with urban uses that is not within 500 feet of a freeway or within 3,200 feet of an oil or natural gas extraction or refinery;
not located within certain environmentally sensitive areas (e.g. prime farmland, wetlands, fire hazard zones, hazardous waste sites, flood plains) or on a site that requires demolition of certain types of housing or historic structures, or on a site governed by certain state mobile home laws; and confirmation that the project will meet certain density requirements based on a sliding scale of site size and other locational criteria (e.g. the project site must meet or exceed the greater of the following: the existing residential density permitted (if any); for sites less than 1 acre, a density of 30 units/acre; for sites of 1 or more acres on a commercial corridor less than 100 feet wide, a density of 40 units/acre; for sites of 1 or more acres on a commercial corridor greater than 100 feet wide, a density of 60 units/acre; and for sites within ½ mile of a major transit stop, a density of 80 units/acre).
Mixed-income projects (like the one described in this staff report) must comply with the following additional criteria:
project site is 20 acres or less;
project would not require the demolition of affordable housing, housing subject to rent control, housing occupied by tenants in the last 10 years, or a historic structure;
there was not a previously-demolished residential use on the site in the past 10 years;
site does not contain four or fewer dwelling units nor is zoned for housing (other than multifamily residential);
notice is provided to commercial tenants and project complies with certain relocation assistance requirements; and
affordable units are equitably distributed throughout the project and have the same bedroom/bathroom ratios and same quality finishes as the market rate units.
Projects meeting the above criteria that contain 150 units or less must be processed within 90 days, and the City must identify any inconsistencies with qualifying criteria within 60 days. Projects meeting the above criteria that contain more than 150 units must be processed within 180 days, and the City must identify any inconsistencies with qualifying criteria within 90 days. The City is also required to include certain
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information about AB 2011 projects in its annual housing element report to the Department of Housing and Community Development.
Because this is the first AB 2011 project in the City, staff desired to update the Council on the AB 2011 approval process and to inform the City Council and the public of the project’s administrative approval based on the limited options provided by the law.
If the Council desires reports on other projects approved under AB 2011, staff can provide periodic updates to the Council.
PROJECT DESCRIPTION
The applicant, TA O’Hara, LLC, requested ministerial approval of Design Review (DR 24-002), per the provisions of AB 2011, to construct a 26-unit multi-family, mixedincome, apartment building and on-site improvements on a vacant 0.78-acre site located at 7460 Lone Tree Way (APN 018-070-017). This is the only AB 2011 application submitted to and processed by the City to date. Apartment Building
Details of the proposed apartment building are as follows:
Table 1: Building Details
Number of Units, Density, and Affordability
Total number of units 26
1 Bedroom
2 Bedroom
3 Bedroom
9 Units
13 Units
4 Units
Density:
AB 2011 requires a development
project to have a density of at least 30
du/ac for lots smaller than 20 acres.
33 du/acre (26 units / 0.78 acres)
Affordability:
AB 2011 requires 15% of the units to
be set aside for low-income tenants.
5 low-income units (4 low and 1 very
low) will be provided for a total of
19.2% of the units.
Building Details
Height 40 feet
CITY COUNCIL AGENDA ITEM NO. G.1
03/26/2024
Setbacks
Front
Street Side
Interior Side
Rear
Proposed
10 feet
10 feet
48 feet
55 feet
Usable (private) open space:
Ground Floor Units
Upper Floor Units
Proposed
80 sq. ft.
60 sq. ft.
Architecture
The proposed apartment building would be of a contemporary architectural style consisting of multiple linear planes and a flat roof with varying parapet heights.
Recessed balconies would serve to break up the massing and linear profile. The building materials would include stucco, fiber-cement board and batten siding, porcelain tile and thin brick veneer. The porcelain tile and board and batten will be used as accents to further break up the massing as well as the varying roof heights.
The applicant has indicated that parapets will be used to screen the rooftop mechanical equipment.
Parking
Per AB 2011, no parking is required except for accessible, electric vehicle (EV) and bicycle parking that would have been required under the applicable zoning requirements. All parking provided, even the non-required spaces, are in compliance with the City’s parking lot development standards. The following table details the quantities and types of proposed parking.
Table 2: Parking Provided
Parking Provided:
Total parking 38 Spaces 1.46 Spaces/Unit
Garages
Surface Parking
15 Spaces
23 Spaces
(Includes 2 Accessible Spaces)
Compact parking 10 27% of parking will
be compact
EV Parking Provided:
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Total:
3 EV Charging Spaces
10 EV Ready Spaces
3 EV Capable Spaces
16 Spaces
8%
26%
8%
42%
Bicycle Parking Provided:
Long-Term: 13 Spaces 34% Vehicle Parking
Short Term: 2 Spaces 5% Vehicle Parking
Landscaping
The applicant provided landscape plans indicating that the site will be landscaped in a manner consistent with the City’s design guidelines. The proposed landscape plan depicts 10 required parking lot shade trees and two accent trees. The proposed plant schedule lists a variety of ground cover, shrubs, and vines. The storm water retention area is located on the northern portion of the parcel. The applicant did not provide a detailed planting plan; however, the City’s objective standards do not require one and the City cannot deny the project on that basis.
ANALYSIS
As mentioned above, per the requirements of AB 2011, the application would need to be in compliance with the “site and project criteria,” “affordability criteria,” and “objective development standards criteria” in order to be eligible for the streamlined process established by AB 2011.
Site and Project Criteria
The proposed project satisfies all site criteria requirements to qualify for the streamlined, ministerial review process as demonstrated in the Site and Project Criteria checklist (attached). The most noteworthy criterion is that the project site must be located in a zone where office, retail, or parking are a principally permitted use. The project site is zoned Thoroughfare Commercial (C-3), which allows all permitted uses found in the General Commercial (C-2) zoning district. The C-2 zoning district allows for retail as a principally permitted use. Per AB 2011, the project site must be abutting a commercial corridor that has a right-of-way of at least 70 feet. The project site is abutting Lone Tree way, which has a right-of-way greater than 70 feet.
AB 2011 does not require conformance with the General Plan land use designation and only focuses on limited zoning requirements. The subject site has a land use
CITY COUNCIL AGENDA ITEM NO. G.1
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designation of General Commercial (GC); however since this is a residential project, none of the goals, policies or standards related to the GC land use designation apply to this project.
Affordability Criteria
The proposed project satisfies all site criteria requirements to qualify for the streamlined, ministerial review process as demonstrated in the Affordability Criteria checklist (attached). The project would comply with the AB 2011 15% affordability requirement, which is greater than the City’s 13% requirement, by providing approximately 19% of the units as affordable (4 low income and 1 very low income for a total of 19.2%). Under the law, the project must include the higher of the percentage of affordable units required either by AB 2011 (15%) or local regulation (13%); the proposed project meets, and in fact exceeds, AB 2011’s 15% affordability criteria.
Objective Development Standards Criteria
The proposed project satisfies all site criteria requirements to qualify for the streamlined, ministerial review process as demonstrated in the Affordability Criteria checklist (attached). An AB 2011 project is not required to provide parking other than accessible, EV, and bicycle spaces. The Objective Development Standards Criteria requires the application to be in compliance with the City’s Interim Objective Design Standards (IODS). However, the project does not comply with all of these standards. The applicant has thus included a State Density Bonus Law application seeking waivers from said standards as detailed below.
State Density Bonus Law
Pursuant to the State Density Bonus Law (SDBL), the density bonus is set on a sliding scale, based on the percentage of affordable units provided. The proposed project is providing five units for lower income households which is 19% of the total number of units and therefore exceeds the SDBL threshold, of 10%, for a base density bonus (Government Code § 65915 (f)(2)(B)(1)(b)). However, the project is not proposing to construct any of the allowed bonus units but is requesting to utilize the concession and waivers allowed under the SDBL with respect to some of the IODS.
Table 3: State Density Bonus Law
Affordability Level Minimum number
of units required
Proposed Does the project
meet minimum
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Waivers
Under the SDBL, a qualified applicant may request waivers of development standards such as the IODS. Pursuant to the SDBL, the City is not permitted to apply any development standards that would physically preclude the construction of the project as designed at its permitted density with the concessions allowed under the law (if any are used). The City is not required to waive or reduce development standards that would (1) have a specific, adverse impact on public health/safety or on a property listed on the California Register of Historical Resources for which there is no feasible method to satisfactorily mitigate the impact without rendering the project unaffordable, or (2) be contrary to state or federal law. Furthermore, a waiver does not count as an incentive/concession, and there is no limit on the number of waivers that may be requested or granted. The following table provides a summary of the waivers requested by the applicant:
Table 4: Waivers
IODS Standard Waiver
Requested Analysis
1 3.4.G
Building facades visible from
any street frontage, adjacent
public park, publicly accessible
outdoor space, or designated
open space, may not extend
more than 40 feet in length
without a five-foot variation in
depth in the wall plane utilizing
varying setbacks, building
entries and recesses,
courtyards or structural bays.
Major breaks shall be a
minimum of 5 feet deep and 10
feet wide, and must extend at
least two-thirds of the height of
Elimination of
this
requirement
Creating major breaks in
the building would
eliminate the ability to
provide the project’s 3-
bedroom units and
would therefore
physically preclude
development of the
proposed project.
qualifications for
SDBL eligibility?
Lower Income
(4 low income units
1 very low income unit)
10% (2.6 units
rounded to 3 units)
5/26 =
19.2% Yes
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IODS Standard Waiver
Requested Analysis
the building. Exceptions
include:
For buildings with upper stories
(above first floor) stepped back
at least five feet, the major
break need only extend twothirds of the height of the
portion of the front façade that is
not stepped back.
2 3.4.R
If the elevation facing a public or
private street is longer than 50
feet, no more than 50 percent of
a building façade must be on a
single plane. An average of a
five-foot offset, with a minimum
of one foot offset, is required for
the remaining 50 percent of the
building façade.
Elimination of
this
requirement
Conformance with this
standard would result in
the increase the
minimum building
setback resulting in the
elimination of dwelling
units.
3 3.4.S
Elevations not facing a public or
private street must have no
more than 75 percent of a
building façade on a single
plane. An average of a five-foot
offset, with a minimum of one
foot offset, is required for the
remaining 25 percent of the
building façade.
Elimination of
this
requirement
Conformance with this
standard would result in
the elimination of units
and would preclude the
project being built as
proposed.
4 3.5. A
Standards related to providing
private and shared usable open
space.
Minimum 500 square feet of
usable shared open space must
be provided per unit.
Elimination of
this
requirement
Compliance with this
standard would reduce
the number of units that
can be built and
therefore the project
could not be constructed
at the proposed density.
Elimination of this
standard makes IODS
3.5.B-D* inapplicable
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IODS Standard Waiver
Requested Analysis
75% of all units must be
provided usable private open
space
since no private or
shared open space is
being provided.
* IODS 3.5B-D would have required: (B) provision of two passive and one active recreation outdoor amenities totaling 1,100 square feet, (C) unless located on the rooftop, shared outdoor spaces must be designed to be visible from inside the building, such as windows located at building entrances and/or dwelling unit windows, and (D) up to 15% of the shared outdoor space may be landscaped using required stormwater treatment planters that are contiguous with the common outdoor space.
Staff has analyzed whether all of the above-mentioned waivers are subject to denial and has determined that they are not, for the following reasons:
(1) there are no specific, adverse impacts on public health or safety for which there is no feasible method of mitigation or avoidance that would be associated with granting this requested waiver;
(2) there are no specific, adverse impacts on public health or safety on any real property listed in the California Register of Historical Resources; and (3) the requested waivers are not contrary to state or federal law.
AB 2011 PROJECT REVIEW PROCESS
Within 60 days of the project submittal, the City must determine that the project is consistent with the provisions of AB 2011 and that it qualifies for expedited ministerial approval. Ministerial approval means that the project is only reviewed for consistency with a fixed set of standards without any subjective judgement, or discretion, from the approving body. Design Review of the project can be conducted and must be completed within 90 days of project submittal; however, it is strictly limited to assessing compliance with the three criteria (as described above) required for streamlined, ministerial approval and cannot in anyway inhibit, chill, or preclude the ministerial process (including a continuance).
Often, projects that receive discretionary approval are considered during a noticed public hearing, which allows the public to participate in the decision making process by giving testimony and the decision-makers exercise discretion informed through deliberation and public comments. Due to this, public hearings are required to be noticed in advanced in order to give the public an opportunity to participate. Since the project is ministerial and not discretionary it is not subject to any noticing requirements. Additionally, since the project is only held to a “pass/fail” review of objective standards it cannot be conditioned the way typical projects are conditioned.
CITY COUNCIL AGENDA ITEM NO. G.1
03/26/2024
On March 8, 2024, (60 days from initial project submittal) the project was deemed to be consistent with the provisions of AB 2011 and qualifies for ministerial approval.
AB 2011 requires a jurisdiction to approve the project within 90 days of initial submittal. Therefore, staff will need to issue a ministerial approval prior to April 9, 2024 (90 days from initial submittal). Once the project receives its ministerial approval the applicant would be able to submit for building permits.
PROCESSING FUTURE AB 2011 PROJECTS
The purpose of this informational item was to make the City Council aware of the subject application and to explain AB 2011 in a public forum. As with other ministerial approvals, and in the absence of any local process to the contrary, staff has completed this review and will need to issue an approval prior to April 9.
As mentioned above, this is the City’s first AB 2011 application. As of the date of the writing of this staff report no other AB 2011 applications have been submitted to the City. At this time staff would ask direction from the City Council as to how to proceed with future, if any, AB 2011 projects. The three options available are, with detailed descriptions that follow:
1. Continue to have staff complete the ministerial review and consideration of AB 2011 project applications, and provide the City Council with a report such as this one.
2. Continue to have staff complete the ministerial review and consideration of AB 2011 project applications, and not provide the City Council with a report.
3. Have the Planning Commission or City Council conduct the ministerial review and consideration of AB 2011 project applications. Note that with the very strict statutory deadlines associated with such applications, this may prove too difficult to manage. If the City Council opts for this option, staff will develop a process to bring back for future City Council review and consideration.
Option #1 would be similar to this application where the project is deemed consistent with AB 2011 and would receive ministerial approval after a City Council report. Staff would need to present the informational staff report before the City Council between the 60 days where the project is deemed consistent and the 90 days where the project must receive ministerial approval. Alternately, the informational item could come before the City Council after the 90 days, as the project would have already been determined as consistent within the first 60 days.
CITY COUNCIL AGENDA ITEM NO. G.1
03/26/2024
Option #2 would be similar to this project except that the City Council would not receive an informational staff report, but notice would be provided to the City Council and public about the approval. Ministerial approval would occur after the project is deemed consistent with AB 2011.
Option #3 would be the most complex since a process would need to be developed outlining timeframes for the project being considered by the approving body within the first 60 days of project submittal. At that time the approving body would determine if the project qualifies for ministerial approval through a pass/fail review of the objective requirements. Note that AB 2011 prohibits any action that would prolong or “chill” the project, including a continuance or a request for additional information. If the project qualifies for ministerial approval then the approving body could 1) direct staff to issue the ministerial approval, 2) issue the ministerial approval through a resolution. Staff does not recommend this option due to the strict statutory deadlines.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
No previous actions.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Per Government Code section 65912.124(h), qualifying AB 2011 projects are exempt from the provisions of the California Environmental Quality Act (CEQA).
ALTERNATIVE OPTION(S)
This is an informational item and there are no options for Council to consider due to the ministerial approval requirements imposed by the Affordable Housing and High Road Jobs Act of 2022. The project cannot be denied or continued, as this would be in violation of the streamlined ministerial review process afforded by AB 2011.
CITY COUNCIL AGENDA ITEM NO. G.1
03/26/2024
ATTACHMENT(S)
1. Full Plan Set
2. Density Bonus Request
3. Site and Project Criteria Checklist
4. Affordability Criteria Checklist
5. Objective Development Criteria Checklist
6. Interim Objective Design Standards Analysis, IODS Matrix
7. Urbanized Area Map
8. Biological Resource Assessment
9. Map (FEMA, Wetlands, Geotracker)
10. Fire Hazard Map
11. Fault Activity Map
12. Phase 1 (executive summary)
13. Prevailing Wage Certification
14.ALTA Survey
15. EnvirStor Map
16. Farmland Map
17.Cultural Report
Ohara Apartments
Project Description
July 2023
TA Ohara, LLC, a Texas limited liability company, proposes the Ohara Apartments, a 26‐unit multifamily community located at 7460 Lone Tree Way, Brentwood, CA 94513.
Location. The project site is north of Lone Tree Way and west of O’hara Avenue. The project site consists of APN 018-070-017. TA Ohara, LLC, a Texas limited liability company, owns the property.
Site Characteristics. The .078‐acre (gross) project site is rectangular in shape and vacant. • Surrounding Uses. A residential subdivision is directly to the north and west of the proposed project. Across O’hara Avenue to the east and Lone Tree Way on the south, is additional residential housing.
• General Plan and Zoning Designations. The site is currently zoned C-3 and the General Plan designation is GC General Commercial. Per AB 2011 Standards, apartments are allowed in this zoned area with this General Plan designation. The Apartments are proposed to by aligned with the PA-1 Multifamily Very High-Density requirement. • Environmental. Terracon completed a Phase I Environmental Site Assessment on June 30, 2023 and concluded there were no additional investigations warranted at this time.
Entitlement Request. The following entitlements are requested to implement the project:
• Ministerial AB 2011 of the 26‐unit multifamily residential project. • Density Bonus Request
Proposed Project. The proposed project is an apartment community with 26 total units. A mix of one, two, and three‐bedroom units are organized into 1 three‐story building on the site. The total conditioned area is 22,930 square feet (sf) (excluding corridors), total non-conditioned area is 6,511 sf (excluding garages), total garage area is 5,418 sf, total deck/patio area is 1,660 sf, total landscaping is 7,200 sf and paving is 13,918 sf.
Residential Units. The project will include a mix of one, two, and three‐bedroom apartment homes ranging from 693 to 1,424 gross rentable sf. (642 to 1,306 net rentable sf). The floorplans include a full kitchen, living space, bedroom(s), bathroom(s), indoor storage, and outdoor storage.
Jan 9, 2024
Bedroom/Bath Avg Unit
SF
Number of Units
1/1 693 9
1/1 992 13
3/2 1,372 4
Design Concept. In conjunction with the Density Bonus Request, the project design is consistent with the City of Brentwood’s Development Standards and Objective Standards as noted in the drawings. The proposed project’s design concept consists of a contemporary architecture of horizontal rectilinear forms projecting in multiple planes. The building materials include stucco, fiber-cement board and batten siding, porcelain tile and thin-brick veneer, and painted steel railings.
The main body of the buildings will feature a cement plaster wall finish in various color tones.
Porcelain tile and board and batten wall systems will provide accents at key locations. The building base along street frontages will be articulated with thin-brick veneer. Varying roof parapet heights and recessed balconies create interest in the massing and form of the three‐story buildings.
The maximum building height will be 40’to the top of the highest parapet. Parapets will screen the building‐attached mechanical equipment.
Landscape Concept. The overall landscape concept for Ohara Apartments will be to create a consistent treatment of all landscaped areas consistent with the design guidelines. Landscaping along the street will include ground covers, shrubs and trees that reinforce the overall architectural rhythm of the building and create a green street edge. Landscaping along the interior perimeter will include a combination of stormwater treatment planters, vines, and trees that will provide screening and shade for the parking areas.
Access and Circulation. The main vehicular access to the project will be off both O’hara Avenue and Lone Tree Way. A drive aisle (26‐foot width) will connect these entrances and provide internal access throughout the site.
Pedestrian Paths. Accessible pedestrian paths are planned from the public sidewalk and parking areas to the main building entrances.
Parking. AB 2011 does not have a parking requirement. The project includes 42 parking spaces in surface parking areas proximate to building including 16 garages. Short and long-term bicycle parking is planned throughout the site for a total of fifteen provided spaces. .
Brentwood Code AB 2011
Spaces Req.
Ohara Apartments
Spaces Provided
1 bedroom Per Planning Comm. 0
2 bedroom Per Planning Comm. 0
3 bedroom Per Planning Comm. 0
Total 0 42
Sustainability Features. The project design incorporates sustainable features consistent with the California Green Building Standards Code (CALGreen). The project will provide approximately seventeen EV stalls as a combination of EV Charging, EV Ready, and EV Capable stalls with the CALGreen requirements.
Fencing. The project is intended to have a solid 6’ high fence or wall along the interior property lines. The street frontages will not be fenced.
Signage. One freestanding community‐identification monument sign will be integrated into the site design near the main pedestrian entrance near the intersection of O’Hara Avenue and Lone Tree Way. The monument sign materials and colors will complement the project design style and color palette.
Refuse Collection. There is one trash enclosure on the site within a short distance of the building.
Trash enclosure, designed to accommodate trash, recycling dumpsters, and composting bins. It will be constructed of split‐face concrete masonry units and metal doors painted to match the building color scheme.
Utilities and Services. Sewer and water service will be extended into the site from existing stubs on either Lone Tree Way or O’Hara Avenue. Electrical service will be from O’Hara Avenue with and will have a ground-mounted transformer along the north property line, screened from the street with a low fence.
Phasing and Construction. The project will be graded and constructed in a single phase and take approximately twelve months to complete.
Project Ownership. The property is owned by TA Ohara, LLC, a Texas limited liability company.
O’HARA APARTMENTS AB 2011 SUBMITTAL
Brentwood, CA PROJECT NO. 1450-0007 January 5th, 2024
Architecture + Design
SITE
Jan 09, 2024
O’HARA APARTMENTS │ Brentwood, CA
PROJECT NO. 1450-0007 A.01January 5, 2024
Architecture + Design
SHEET INDEX
GENERAL
A.01 PROJECT TEAM AND SHEET INDEX
A.02 EXTERIOR RENDERING
A.03 EXTERIOR RENDERING
A.04 PROJECT DATA
A.05 PROJECT DATA
A.06 OVERALL SITE PLAN
A.07 PHOTOMETRIC PLAN
A.08 BUILDING PLANS
A.09 AFFORDABLE HOUSING PLAN
A.10 EXTERIOR ELEVATIONS
LANDSCAPE
L.01 OVERALL LANDSCAPE PLAN
PROJECT TEAM
Owner:
Tekin & Associates, LLC
2600 Dallas Parkway, Suite 370
Frisco, TX 75034
Attn: Mark Tekin
Tel: (469) 458-0485
Email: [email protected]
Architect:
LPAS, Inc.
723 S Street,
Sacramento, CA 95811
Attn: Chris Kelly
Tel: (916) 443-0335
Email: [email protected]
Landscape Architect:
LPAS, Inc.
723 S Street,
Sacramento, CA 95811
Attn: Mike Millett
Tel: (916) 443-0335
Email: [email protected]
PROJECT TEAM AND SHEET INDEX
O’HARA APARTMENTS │ Brentwood, CA
PROJECT NO: 1450-0007 A.02January 5, 2024
Architecture + Design
EXTERIOR RENDERING
O’HARA APARTMENTS │ Brentwood, CA
PROJECT NO: 1450-0007 A.03January 5, 2024
Architecture + Design
EXTERIOR RENDERING
O’HARA APARTMENTS │ Brentwood, CA
PROJECT NO: 1450-0007 A.04January 5, 2024
Architecture + Design
PROJECT DATA
LAND USE AND DEVELOPMENT STANDARDS PROPOSED PROJECT DATA SUMMARY NOTES EXISTING LAND USE: AB 2011 STANDARDS:
General Plan: GC General Commercial AB - 2011 AB - 2011 with closed applicable zoning district development standards Complies with AB-2011 Zoning: C-3 PA-1 Multi-family Very High Density PA-1 Multi-family Very High Density LAND USE: LAND USE:
Allowed Uses: General Retail Sales listed in C-2 Mult-Family Residential Proposed Use: Multi-Family Residential Complies with AB-2011 SITE AREA: SITE AREA:
Min. Site Area: 20,000 SF 10,000 SF Site Area: 33,924 SF 0.78 Acres Complies with AB-2011
DENSITY AND NUMBER OF UNITS DENSITY AND NUMBER OF UNITS Number Units: 26 Units 100.0%
1 Bedroom: 9 Units 34.6% 693 Ave SF
2 Bedroom: 13 Units 50.0% 992 Ave SF
3 Bedroom: 4 Units 15.4% 1,392 Ave SF
Min Density & Number of Units: NA 30 DU/Acre 23 Units Total Number of Units: 26 Units 950 Ave SF Complies with AB-2011 Max Density & Number of Units: NA 35 DU/Acre 27 Units Density: 33 DU/Acre
BUILDING AREA AND FAR BUILDING AREA AND FAR
Max Allowable FAR NA Proposed FAR: 1.03 NA
Max Allowable SF NA Proposed Building Area: 34,939 SF
Net Rentable Area: 24,696 SF
Efficiency 71%
SETBACKS: SETBACKS:
Front: 10 FT 0 FT Front (Lone Tree Way): 10 FT Complies with AB-2011 Street Side: 10 FT 10 FT Street Side (O'Hara Avenue): 10 FT Side: 10 FT (2-Story) 15 FT (3-Story) 24 FT (3-Story) Sides: 48 FT Rear: 10 FT (2-Story) 15 FT (3-Story) 23 FT (3-Story) Rear: 55 FT LOT COVERAGE: LOT COVERAGE:
Max Building Coverage: NA 80% Max Building Coverage: 40% Complies with AB-2011 Common Open Space: NA 20% Common Open Space: 60%
HEIGHT LIMIT: HEIGHT LIMIT:
Max Height Limit: 40 FT 3 Stories 40 FT 3 Stories Proposed Building Height: 40 FT Complies with AB-2011 USABLE OPEN SPACE: USABLE OPEN SPACE:
Private Open Space Required: NA 80 SF/Unit Ground Floor Ground Floor Units: 80 SF / Unit 40 SF/Unit Upper Floors Upper Floor Units: 60 SF / Unit Shared Usable Open Space: NA NA NA
PARKING REQUIRED: PARKING PROVIDED:
Vehicular Parking Required: Vehicular Parking Provided:
1 Bedroom Units: 1.5 Spaces/Unit 14 Spaces No Parking Required per AB-2011 Total Residential:
2 Bedroom Units: 2.0 Spaces/Unit 26 Spaces On-Site: 38 Spaces 1.46 Spaces/Unit Complies with AB-2011 3 Bedroom Units: 1.5 Spaces/Unit 6 Spaces Garages: 15 Spaces
1.75 Spaces/Unit 46 Spaces Surface Parking: 23 Spaces
2 Accessible Spaces:
16 EV Spaces: 42%
3 EV Charging Spaces 8%
10 EV Ready Spaces 26%
3 EV Capable Spaces 8%
Bicycle Parking Required CalGreen Code): Bicycle Parking Provided:
Long Term: 10% Vehicular Parking 4 Spaces 4 Spaces Long-Term: 13 Spaces 34% Vehicular Parking Complies with AB-2011 Short Term: 5% Vehicular Parking 2 Spaces 2 Spaces Short Term: 2 Spaces 5% Vehicular Parking
O’HARA APARTMENTS │ Brentwood, CA
PROJECT NO: 1450-0007 A.05January 5, 2024
Architecture + Design
PROJECT DATA
Project Compliance Notes
A Where pedestrian circulation crosses vehicular routes, a change in grade materials, textures or colors must be provided to emphasize the conflict point and improve its visibility and safety. Complies Enhanced paving treatment using patterned and/or colored pavers, brick, or decorative colored and scored concrete must be used as follows: Complies
1. Entry Drives - Minimum 12 feet deep across the width of each entry drive.
2. Pedestrian Crossings - Minimum one foot wider than connecting walkways across the length of the intersecting primary and side streets.
C Pedestrian pathways must be separated from automobile circulation routes. Complies For multi-family and mixed use developments, the ratio of bicycle parking to auto parking spaces shall be 5% (BMC 17.620.013) and must be located as follows: Complies
1. For mixed-use developments, bicycle parking spaces must be provided within the commercial development in convenient and secure locations within 50-feet of the entrance to the commercial use.
2. Within multi-family developments, bicycle parking spaces must be located within 20’ of a common area, such as laundry facility, lobby, management office, or rec-room.
E Continuous Portland cement concrete curbing and vehicle stall striping must be provided for all parking areas. Complies
F Driveway entrances must provide 10-foot clear behind sidewalk prior to starting the first parking space. Complies G Controlled entrances to parking facilities (including gates and doors) must be located a minimum of 20 feet from the back of sidewalk, in order to accommodate one vehicle entering the facility. NA H
Except for garage entrances, structured parking must not be visible from the street, or any adjacent public park, publicly accessible outdoor space or designated open space area. The public right-of-way must be lined with residential uses on all levels, except that commercial may be used on the ground floor when allowed by zoning.
Complies
I
Structured parking must be designed such that interior lighting shall be fully shielded and automobile headlamps must not be visible from adjacent buildings, parcels, streets, public parks, publicly accessible outdoor space or designated open space area.
Complies
J
For multi-family developments, parking shall be provided consistent with BMC Section 17.620. All required guest parking spaces must be located outside of any security gates or other access limitation devices, unless provisions are made to allow a resident to remotely communicate with and provide access to the visiting guest (such as through an intercom and remote control gate, or other similar devices).
No Parking Required per AB2011
K Parking must not be located between the structure frontage and a public sidewalk. Complies Project Compliance Notes
A Utility distribution facilities as defined in the BMC are required to be undergrounded within all areas of the City as identified in the Brentwood Municipal Code Section 16.120.120. Complies B
Electrical transformers and similar Utility distribution facilities as defined in the BMC must be undergrounded or placed in the rear of the site. If undergrounding is infeasible due to preexisting site conditions such as high water table, the facility must be enclosed within the building or fully screened from view. Screening must use solid materials, such as berming or enclosures rather than reliance on solely on plant materials.
Complies
C
Rooftop mechanical and electrical equipment, microwave antennae, or building elements to screen rooftop mechanical and electrical equipment, microwave antennae must be designed as an integral part of the building architecture using the same colors and materials of the main building.
Complies
E Chain link, barbed wire, and razor wire fencing are prohibited. Complies F
Trash enclosures must be constructed of sturdy, durable, opaque materials, with trash receptacles screened from view. All enclosures must be consistent with the City’s Solid Waste Plan Guide & Enclosure Standards. Trash enclosures must include adequate, accessible and convenient areas for collecting and loading recyclable materials. Dimensions of the recycling area must accommodate receptacles to meet the recycling needs of the project.
Complies
G Areas for collecting and loading recyclable materials must be adjacent to the solid waste collection areas. Complies H Exterior light of the building and site must be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing. Complies Project Compliance Notes
A Dense landscaping and/or architectural treatments must be provided to screen views and features of storage areas, trash enclosures, freeway structures, transformers, generators, and other similar elements. Complies B
Electrical transformers that are installed as part of a new project must be located to the rear of the site or undergrounded. Existing transformers located at the front of the site must be fully screened by landscaping and/or an architectural barrier.
Complies
Required stormwater treatment facilities can be located in publicly accessible outdoor spaces, but must not be located in private outdoor spaces (shared or private), public rights-of-way, or public access easements. Exceptions include:
Complies
1. permeable paving (as defined by applicable stormwater management standards), which can be used in shared or private open space.
2. Landscaped required stormwater treatment planters, which may occupy up to 15% of the shared open space.
D
Landscaping must permit sight distance for motorists and pedestrians entering and exiting a site consistent with the Visibility Requirements within the City’s Public Works/Engineering Division Standard Plans and Specification and may not interfere with circulation patterns.
Complies
E Landscape planting areas must be provided an average of every of thirty feet apart within a surface parking lot to provide visual relief and summer shade. (BMC 17.630) Complies F Reinforced Portland cement concrete curbing must be used at the edges of all planters and paving surfaces adjacent to auto circulation or parking areas. Complies G Planters and tree wells must have a width of not less than five feet and shall be protected from automobile overhang through the provision of tire stops or other barriers approved by the city. (BMC Complies H
Trees must be planted and maintained throughout all surface parking areas to ensure that, within 15 years after establishment of the parking facility, at least 50% of the parking facility will be shaded. All planting, soil volumes, and maintenance must comply with the parking facility tree shading design and maintenance guidelines.
Complies
All street trees and parking lot trees must be a minimum of 24-inch box size. In other areas proposed trees must meet the following standards: Complies
• 1-14 trees proposed: 50 percent must be 24-inch box size minimum, remainder must be 15 gallon size minimum.
• More than 14 trees proposed: Of the first 14 trees, seven trees must be 24-inch box size minimum, and the remaining seven trees must be 15 gallon minimum size. Thirty percent of the remaining trees proposed must be 24-inch box size minimum, and the remainder must be 15 gallon size minimum.
J All proposed shrubs except accent, color, or ground cover planting, must be a minimum of 5 gallon size. Complies K Landscaping plans must show all obstructions (including street lights, meters, backflow devices, utility covers, and transformers) that affect plant placement and installation limitations. Complies L All street trees must be planted and installed per the City’s Public Works/Engineering Division Standard Plans and Specification. Complies
Project Compliance Notes
A
The primary wall material (the material covering the largest percentage of surface area of any building face or elevation) must be wood, stone, brick, stucco, fiber cement or other cementitious material, or composite wood or stone. T1-11 siding and other siding that use plywood (with the exception of board and batten) are prohibited. Thin layer synthetic stucco products may not be used within 8 feet of ground level unless specially reinforced or located away from pedestrian accessible areas.
Complies
B Developments must incorporate a minimum of two building materials on each structure elevation. Complies C All vents, gutters, downspouts, flashing, electrical conduits, etc., must be painted to match the color of the adjacent surface, unless being used expressly as a trim or accent element. Complies D
Soffits and other architectural elements visible to the public but not detailed on the plans must be finished in the same material as other exterior materials used on the building. Complies E Approved address numbers must be provided so that they are legible to the public from the street fronting the property. Complies
F Garage doors must be recessed into the garage wall, with a minimum of four inches provided between the face of the garage door and the adjacent primary wall plane, to accentuate shadow patterns and relief. Complies Building facades visible from any street frontage, adjacent public park, publicly accessible outdoor space, or designated open space, may not extend more than 40 feet in length without a five-foot variation in depth in the wall plane utilizing varying setbacksbuilding entries and recessescourtyards or structural Complies per AB-2011 with
3.1 Multi-Family Site Parking, Access and Circulation
3. Multi-Family Site Development Objective Design Standard
3.2 Multi-Family Site Design
3.3 Landscape Design
B
3.4 Multi-Family Architecture
D
C
I
L All street trees must be planted and installed per the City s Public Works/Engineering Division Standard
Plans and Specification. Complies
Project Compliance Notes
A
The primary wall material (the material covering the largest percentage of surface area of any building face or elevation) must be wood, stone, brick, stucco, fiber cement or other cementitious material, or composite wood or stone. T1-11 siding and other siding that use plywood (with the exception of board and batten) are prohibited. Thin layer synthetic stucco products may not be used within 8 feet of ground level unless specially reinforced or located away from pedestrian accessible areas.
Complies
B Developments must incorporate a minimum of two building materials on each structure elevation. Complies C All vents, gutters, downspouts, flashing, electrical conduits, etc., must be painted to match the color of the adjacent surface, unless being used expressly as a trim or accent element. Complies D
Soffits and other architectural elements visible to the public but not detailed on the plans must be finished in the same material as other exterior materials used on the building. Complies E Approved address numbers must be provided so that they are legible to the public from the street fronting the property. Complies
F Garage doors must be recessed into the garage wall, with a minimum of four inches provided between the face of the garage door and the adjacent primary wall plane, to accentuate shadow patterns and relief. Complies Building facades visible from any street frontage, adjacent public park, publicly accessible outdoor space, or designated open space, may not extend more than 40 feet in length without a five-foot variation in depth in the wall plane utilizing varying setbacks, building entries and recesses, courtyards or structural bays. Major breaks shall be a minimum of 5 feet deep and 10 feet wide, and must extend at least twothirds of the height of the building. Exceptions include:
Complies per AB-2011 with
Waiver
NEED DIAGRAM
1. For buildings with upper stories (above first floor) stepped back at least five feet, the major break need only extend two-thirds of the height of the portion of the front façade that is not stepped back.
H Buildings greater than two stories must be designed to differentiate a defined base, a middle or body, and a top, cornice, or parapet cap. Buildings less than two stories must include a defined base and top. Complies I Rooflines must be vertically articulated at 30-foot minimum intervals along the street frontage through one of the following techniques: Complies with 3.
1. A change in height of a minimum four feet;
2. A change in roof pitch or form; or
3. The inclusion of dormers, gables, parapets, varying cornices, and/or clerestory windows.
J Primary building entrances and associated paths of travel must be visible from the adjacent street with a minimum recess or projection of 48 square feet in area. Complies K
Within any mixed-use project, any mixed-use building street frontage greater than 150 feet in length must have multiple pedestrian entrances to access the businesses or residences in the building. The maximum distance between building entrances along the same frontage will be no more than 75 feet.
NA
L Blank walls (facades without doors, windows, or landscaping treatments) must be less than 30 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas. Complies M
Storefronts in new mixed-use developments must contain clear openings and windows or a minimum of 60% of the total area of the first floor facades facing sidewalks, pedestrian walks, or publicly accessible outdoor space areas.
NA
N
Structure Height (adjacent to existing residential). The side and rear walls of any structure within 10 feet of a required setback must not be more than two stories higher or lower than the directly adjacent existing residential structure. Structures that exceed this height requirement shall stepback upper floors so that the wall plane does not fall within 10 feet of a required setback adjacent to existing residential.
Complies
Publicly visible walls more than 20 feet in length along any street frontage or front elevation, or 30 feet along an interior rear or side elevation, must be articulated by at least three of the following features: Complies with 1, 4, 5
1. doors and windows recessed by a minimum of two inches;
2. exterior arcades or other ground floor building recessions that provide sheltered walkways within the building footprint. These features must have a minimum area of 48 square feet;
3. variations in wall plane (projection or recess) by a minimum of two feet in depth;
4. a recessed or projected entry with a minimum area of 24 square feet; or
5. vertical elements, such as pilasters, that protrude a minimum of six inches from the wall surface and extend the full height of the structure.
P
Exterior stairwells may not be oriented to the street. For safety and security, exterior stairwells must be oriented to interior spaces, such as plazas and gathering areas, parking areas, and pedestrian pathways and not be separated from these areas by landscaping, fences, or walls taller than three feet.
Complies
Q
If the elevation facing a public or private street is longer than 50 feet, no more than 50 percent of a building façade must be on a single plane. An average of a five-foot offset, with a minimum of one foot offset, is required for the remaining 50 percent of the building façade.
Complies per AB-2011 with
Waiver NEED DIAGRAM
R
Elevations not facing a public or private street must have no more than 75 percent of a building façade on a single plane. An average of a five-foot offset, with a minimum of one foot offset, is required for the remaining 25 percent of the building façade.
Complies per AB-2011 with
Waiver NEED DIAGRAM
S
Buildings over three stories must provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least 75% of the building façade with frontage upon a public or private street, adjacent public park or public open space.
Complies
Project Compliance Notes
Residential projects must provide and maintain private and shared open space as follows:
1. A minimum of five hundred square feet of usable open space must be provided for each dwelling unit on a lot.
Complies per AB-2011 with
Waiver NEED DIAGRAM OR DESCRIPTION
2. A minimum of seventy-five percent of the dwelling units on a lot must be provided with private usable open space as follows:
a. Private usable open space must be directly accessible from the unit served and available only to that unit.
b. Ground level private usable open space must have a minimum area of one hundred square feet and a minimum dimension of eight feet, furthermore, no more than fifty percent of that area may be covered by a roof or second story balcony or deck. c. Private usable open space above the ground level must have a minimum area of sixty square feet and a minimum dimension of six feet, furthermore, no more than fifty percent of that area may be covered by a roof, balcony or deck.
3. Shared usable open space must be available and accessible to all occupants of the residential project for purposes of active and/or passive outdoor recreation, exclusive of driveways, areas for offstreet parking and services, and exclusive of the required front yard setback as follows:
a. A minimum of seventy-five percent of the shared usable open space must be at ground level, the remainder may be located above ground on a balcony or roof deck. b. Ground level shared usable open space must have a minimum dimension of twelve feet and shall not be covered by any roof, balcony or other such covering. c. Shared usable open space above ground level must have a minimum dimension of ten feet and minimum area of two hundred square feet, which must be unobstructed and shall not serve as access to any residential unit. A maximum of twenty-five percent of the aboveground level shared open space may be covered.
Usable open space may be provided as a combination of “private” and “shared” outdoor spaces, defined as follows:
• "shared" outdoor space is provided with shared access for all building tenants. This includes courtyards, gardens, play areas, outdoor dining areas, Recreation amenities, rooftop amenities. • "private" outdoor space is provided with direct access from the dwelling unit which it serves. This includes balconies, private gardens, private yards, terraces, decks, porches.
Within the required shared outdoor spaces areas as required in Standard 3.5.A, amenities are required to be provided as follows:
Complies per AB-2011 with
Waiver
Amenity types are defined as follows:
iiiiiiiiildidd
B
3.4 Multi-Family Architecture
3.5 Useable Open Space – Private and Shared
G
O
A
S
by providing a material change between the first floor and upper floors along at least 75% of the building façade with frontage upon a public or private street, adjacent public park or public open space.
Complies
Project Compliance Notes
Residential projects must provide and maintain private and shared open space as follows:
1. A minimum of five hundred square feet of usable open space must be provided for each dwelling unit on a lot.
Complies per AB-2011 with
Waiver NEED D
2. A minimum of seventy-five percent of the dwelling units on a lot must be provided with private usable open space as follows:
a. Private usable open space must be directly accessible from the unit served and available only to that unit.
b. Ground level private usable open space must have a minimum area of one hundred square feet and a minimum dimension of eight feet, furthermore, no more than fifty percent of that area may be covered by a roof or second story balcony or deck. c. Private usable open space above the ground level must have a minimum area of sixty square feet and a minimum dimension of six feet, furthermore, no more than fifty percent of that area may be covered by a roof, balcony or deck.
3. Shared usable open space must be available and accessible to all occupants of the residential project for purposes of active and/or passive outdoor recreation, exclusive of driveways, areas for offstreet parking and services, and exclusive of the required front yard setback as follows:
a. A minimum of seventy-five percent of the shared usable open space must be at ground level, the remainder may be located above ground on a balcony or roof deck. b. Ground level shared usable open space must have a minimum dimension of twelve feet and shall not be covered by any roof, balcony or other such covering. c. Shared usable open space above ground level must have a minimum dimension of ten feet and minimum area of two hundred square feet, which must be unobstructed and shall not serve as access to any residential unit. A maximum of twenty-five percent of the aboveground level shared open space may be covered.
Usable open space may be provided as a combination of “private” and “shared” outdoor spaces, defined as follows:
• "shared" outdoor space is provided with shared access for all building tenants. This includes courtyards, gardens, play areas, outdoor dining areas, Recreation amenities, rooftop amenities. • "private" outdoor space is provided with direct access from the dwelling unit which it serves. This includes balconies, private gardens, private yards, terraces, decks, porches.
Within the required shared outdoor spaces areas as required in Standard 3.5.A, amenities are required to be provided as follows:
Complies per AB-2011 with
Waiver
Amenity types are defined as follows:
Passive Recreation Amenities. Passive recreation amenities include community gardens, outdoor gathering/seating area, picnic/barbeque area, pet area/dog park, or courtyard/ plaza. Each passive recreation area shall include a minimum seating capacity of one for each 10 units and at least one of the following: trellis, gas fire pit, BBQ, or picnic table
Active Outdoor Amenities. Active recreation amenities include playground/tot lots, sport court/field, outdoor fitness area, swimming pool, exercise structure or complex, clubhouse w/kitchen, recreation hall.
C Unless located on the rooftop, shared outdoor spaces must be designed to be visible from inside the building, such as windows located at building entrances and/or dwelling unit windows.
Complies per AB-2011 with
Waiver
D Up to 15% of the shared outdoor space may be landscaped using required stormwater treatment planters that are contiguous with the common outdoor space.
Complies per AB-2011 with
Waiver
B
3.5 Useable Open Space – Private and Shared
A
O’HARA APARTMENTS │ Brentwood, CA
PROJECT NO: 1450-0007 A.06January 5, 2024
Architecture + Design
OVERALL SITE PLAN
ELECTRIC VEHICLE
CHARGING STATION
ELECTRIC VEHICLE
CHARGING STATION
X
T
COMPACT
ELECTRIC VEHICLE
CHARGING STATION
COMPACT COMPACT COMPACT
COMPACT COMPACT COMPACT COMPACT
COMPACT
PROPERTY LINE
LONE TREE WAY
O'HARA AVE
EMMA ROSE BLVD
PROPERTY LINE
(E) RESIDENTIAL
(E) RESIDENTIAL
(E) WALL
(E) CONCRETE WALK
(E) WALL ON PROPERTY LINE
LANDSCAPE AREA, TYP.
27' X 10' MIN.
TRASH ENCLOSURE
(E) TREE TO
BE REMOVED
LANDSCAPE AREA, TYP. (E) PUBLIC WALK
LANDSCAPE AREA, TYP.
ANCHOR & GUY
WIRE EASEMENT
LOW WALL AT PATIO PEDESTRIAN GATE
TRANSFORMER
ENHANCED PAVING
AT DRIVEWAY
ENHANCED PAVING
AT DRIVEWAY
ENHANCED PAVING
AT CROSSING
PARKING LOT POLE
LIGHT, TYP.
PARKING LOT POLE LIGHT, TYP.
6'-0" HIGH WOOD FENCE
STORMWATER
QUALITY AREA, TYP.
10'-0"
BLDG
SETBACK
16'-0" 26'-0"
20'-0" 26'-0"
3'-0"
10'-0" MIN.
BLDG
SETBACK
8'-0"
9'-0"
5'-6"
8'-5"
26'-0"
26'-0"
3'-0"
16'-0"
12'-0"
MIN.
STORAGE
25'-0"
SETBACK
25' X 25' VISIBILITY TRIANGLE
12'-0" MIN.
25' X 25' VISIBILITY
TRIANGLE
8'-0"
PROJECT NO. 1450-0007 1/3/2024
OVERALL SITE PLAN O'Hara Apartments BRENTWOOD, CA
N
FT
0 20 40 60
SCALE: 1" = 20'-0"
A.06
O’HARA APARTMENTS │ Brentwood, CA
PROJECT NO: 1450-0007 A.07January 5, 2024
Architecture + Design
PHOTOMETRIC PLAN
# Date Comments RevisionsDate:10/12/2023
.All values shown are maintained horizontal Footcandles at grade level.
The lighting calculations provided in this report approximate the light levels expected within the space as defined and are based on the information provided to Cal Lighting Please verify the data to assure the accuracy of the report. Cal Lighting is not responsible for light output of lamps and ballasts, or design variables Filename: 9176 AND OHara Apt R01.AGI
CAL-A2.1 Application Designer: TEB Salesperson: AND
Scale: As shown on plans
Reflectance %
50/50/20
9176 ANDO'Hara ApartmentsR01
Luminaire Schedule
Symbol Qty Label Arrangement [MANUFAC]
Calculation Summary
Label
Description LLF Luminaire
Lumens
Luminaire
Watts
Total
Watts
BUG Rating
CalcType Units Avg Max Min Avg/Min Max/Min
Parking_Floor Illuminance Fc 1.53
6 E1A Single Industrial Lighting Products Inc SAS-6L-U-30-T4-HSS
3.09 0.64 2.39 4.83
0.850 4081 45.8 274.8 B1-U0-G1
12 E3 Single Performance iN Lighting MIMIK 20 M T4 730 15W 0.850 1319 15 180 B0-U0-G0 1 E3A Single Performance iN Lighting MIMIK 20 M T4 730 26W 0.850 2149 26 26 B1-U0-G0 Pedestrian Lone Tree Entry_Floor Illuminance Fc 2.08 2.94 1.03 2.02 2.85 Pedestrian Lone Tree Main Entry_Floor Illuminance Fc 2.43 3.79 0.39 6.23 9.72 Pedestrian OHare Ave Entry_Floor Illuminance Fc 1.79 2.75 0.64 2.80 4.30 Pedestrian OHare Parking Entry_Floor Illuminance Fc 3.19 3.72 2.56 1.25 1.45 Pedestrian Parking_Floor Illuminance Fc 1.72 4.11 0.77 2.23 5.34 T
ELECTRIC VEHICLE
CHARGING STATION ELECTRIC VEHICLE
CHARGING STATION ELECTRIC VEHICLE
CHARGING STATION
C
O
M
P
A
C
T
C
O
M
P
A
C
T
C
O
M
P
A
C
T
C
O
M
P
A
C
T
C
O
M
P
A
C
T
C
O
M
P
A
C
T
COMPACT COMPACT
STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD
STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD
COMPACT
GARAGE
GARAGE
GARAGE
GARAGE
GARAGE
GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE
STANDARD
COMPACT
COMPACT
COMPACT
COMPACT
COMPACT
COMPACT COMPACT
X
E3
MH: 12
E3
MH: 12
E3
MH: 12
E3
MH: 12
E3
MH: 12
E3A
MH: 12
E3
MH: 12
E3
MH: 12
MH: 12
E3
E3
MH: 12
E3
MH: 12
E1A
MH: 20
E1A
MH: 20
E1A
MH: 20
MH: 20
E1A
MH: 20
E1A
E1A
MH: 20
MH: 12
E3
E3
MH: 12
1.02 0.92 0.87 1.00 1.20
1.21 1.08 1.04 1.24 1.84
0.76 0.70 0.67 0.70 0.64
1.44 1.28 1.17 1.36 2.05 2.72
1.66 1.43 1.26 1.40 1.99 2.45
1.76 2.14 2.28 1.96 1.66 1.38 1.39 1.58 1.75
1.79 2.26 2.43 2.13 1.80 1.50 1.39 1.22 1.12
1.93 2.46 2.60 2.29 1.92 1.57 1.43 1.31 1.23
2.22 2.80 2.95 2.55 2.09 1.64 1.57 1.74 1.95
2.45 2.92 3.08 2.65 2.12 1.67 1.60 2.06 2.64
2.41 2.76 2.99 2.62 2.12 1.69 1.62 2.10 2.83
2.44 2.80 3.04 2.63 2.11 1.65 1.58 1.96 2.32
2.41 2.91 3.09 2.64 2.11 1.57 1.39 1.41 1.46
2.12 2.68 2.81 2.42 1.93 1.42 1.14 0.92 0.80
1.87 2.29 2.47 2.13 1.70 1.24 0.98 0.91
1.79 2.21 2.35 1.98 1.56 1.10 0.86
2.19 1.84 1.44 1.02 0.81 1.09 1.33 1.58 1.90 1.99 2.06 1.82 1.12 1.74 2.39 2.57 2.07 1.26 0.77 0.86 1.52 2.28 2.60 2.27 1.50 0.88 0.84 1.37 2.17 2.48 2.23 1.61 0.93 0.71 0.95 1.62 2.31 2.61 2.39 2.79 2.12
1.88 1.63 1.32 0.97 0.96 1.03 1.25 1.36 1.39 1.44 1.33 1.15 1.52 1.75 1.74 1.62 1.17 0.83 0.91 1.23 1.60 1.67 1.60 1.23 0.94 0.92 1.18 1.53 1.59 1.54 1.29 1.01 0.83 1.05 1.39 1.67 1.79 2.36 2.14 1.79 1.45
1.64 1.50 1.23 0.96 0.82 0.87 0.96 0.99 1.02 1.04 1.09 1.08 1.12 1.23 1.21 1.22 1.18 1.05 0.95 0.95 1.03 1.07 1.13 1.08 1.05 0.99 0.99 1.04 1.10 1.13 1.11 1.09 1.01 0.99 1.12 1.30 1.44 1.54 1.93 1.94 1.83 1.60 1.09 1.05 0.95 0.84 0.72
1.51 1.40 1.20 0.89 0.87 0.90 0.89 0.85 0.88 0.88 0.92 0.99 1.05 1.08 1.07 1.07 1.05 0.99 0.99 0.94 0.92 0.92 0.96 0.93 0.95 0.99 1.02 1.02 1.04 1.07 1.05 1.07 1.06 1.12 1.21 1.38 1.51 1.86 1.90 1.98 1.96 1.81 1.69 1.48 1.38 1.19 1.04
1.41 1.39 1.27 1.05 1.03 1.02 0.97 0.92 0.95 0.96 1.00 1.08 1.19 1.20 1.15 1.13 1.15 1.17 1.14 1.07 1.00 0.91 0.93 0.93 1.05 1.13 1.20 1.23 1.20 1.19 1.20 1.27 1.29 1.34 1.41 1.53 1.58 1.84 1.88 2.14 2.24 2.09 2.03 2.05 1.76 1.45 1.27
1.42 1.48 1.46 1.37 1.35 1.35 1.29 1.23 1.21 1.23 1.27 1.33 1.45 1.49 1.45 1.38 1.45 1.49 1.41 1.30 1.16 1.03 1.02 1.05 1.19 1.35 1.46 1.54 1.53 1.45 1.51 1.60 1.60 1.60 1.62 1.66 1.70 2.02 2.13 2.05 2.02 2.04 1.79 1.46 1.24
1.48 1.59 1.77 1.68 1.66 1.71 1.63 1.52 1.52 1.53 1.55 1.70 1.81 1.77 1.72 1.79 1.80 1.62 1.17 1.11 1.17 1.31 1.49 1.63 1.86 1.89 1.81 1.85 1.97 1.85 1.71 1.69 1.63 1.57 1.79 1.66 1.62 1.68 1.64 1.32 1.08
1.48 1.66 2.07 1.97 1.98 2.07 1.97 1.73 1.69 1.68 1.70 1.86 2.01 2.00 1.90 1.98 1.96 1.73 1.20 1.14 1.18 1.30 1.43 1.61 1.90 1.99 1.91 1.95 1.99 1.83 1.59 1.49 1.38 1.25
1.93 1.84 1.83 1.96 1.84 1.59 1.54 1.58 1.58 1.70 1.88 1.79 1.67 1.78 1.81 1.53 1.08 1.01 1.04 1.13 1.24 1.44 1.72 1.70 1.60 1.64 1.75 1.34 1.16 1.01 0.81
1.57 1.47 1.46 1.58 1.57 1.37 1.22 1.18 1.16 1.42 1.51 1.45 1.40 1.43 1.46
2.94 3.06
3.80 3.71
1.13 1.50 2.06 2.86 3.57 3.93 4.11 3.76 3.22 4.04 3.39 3.12
0.88 1.05 1.42 1.90 2.55 3.11 3.17 3.29 3.11 3.77 3.34 2.81 2.44 2.04
0.85 1.04 1.97 1.61
0.77 0.86 1.83 1.58
0.80 0.78 0.87 1.57 1.44
0.80 0.78 1.34 1.30
0.86 0.79 0.79 1.17 1.21
0.87 0.82 1.08 1.15
1.00 0.91 1.03 1.09
1.06 0.97 1.04 1.09
1.22 1.16 1.12 1.16
1.40 1.36 1.31 1.25 1.29
1.53 1.54 1.37 1.40 1.44
1.64 1.69 1.53 1.56 1.58
1.77 1.89 1.65 1.67 1.67
1.13 1.31 1.87 2.03 1.69 1.70 1.71
1.08 1.23 1.79 1.95 1.64 1.61 1.61
0.98 1.12 1.23 1.34 1.47 1.68 1.85 1.50 1.48 1.51
1.26 1.27 1.34
1.03 1.03
1.50 1.51
2.17 2.19
2.90 2.94
2.72 2.76
0.42 1.63 1.79 1.83 1.79 0.55 0.87 0.74
2.24 2.37 2.32 2.03 1.90 1.67 1.25 0.39
2.73 3.01 2.94 2.53 2.15 1.88 1.74
2.91 3.41 3.31 2.95 2.57 2.33 2.21 2.17
3.05 3.76 3.79 3.53 3.25 3.00 2.70 2.47
2.96 3.62 3.76 3.66 3.45 3.19 2.85 2.51
2.54 3.09 3.37 3.25 2.93 2.67
1.61 1.72 1.62 1.43 2.44 2.36
2.63 2.53 1.89 1.32 0.90 0.64
2.75 2.67 1.95 1.36 0.94 0.67
3.15 3.14
3.38 3.32
3.72 3.19
3.02 2.56
O’HARA APARTMENTS │ Brentwood, CA
PROJECT NO: 1450-0007 A.08January 5, 2024
Architecture + Design First, Second and Third Floor Plans
BUILDING PLANS
3 BEDROOM 2 BEDROOM
3 BEDROOM
2 BEDROOM
2 BEDROOM
1 BEDROOM 1 BEDROOM 1 BEDROOM
1 BEDROOM
2 BEDROOM
2 BEDROOM
STAIR
6' - 0"
CIRCULATION STAIR
2 BEDROOM 1 BEDROOM
2 BEDROOM 2 BEDROOM
GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE
GARAGE
GARAGE
GARAGE
GARAGE
CIRCULATION CIRCULATION CIRCULATION
BIKES
GARAGE GARAGE
188' - 0"
CIRC.
MAIL
CIRC.
FIRE RM.
6' - 0"
24'-8" x 10'-6"
24'-8" x 10'-6"
24'-8" x 10'-6"
24'-8" x 10'-6"
STORAGE
24'-8" x 14'-2"
19'-10" x 11'-2"
24'-0" x 11'-4"
20'-0" x 17'-1"
STOR. STOR. STOR. STOR. STOR. STOR. STOR. STOR. STOR.
24'-0" x 11'-4" 24'-0" x 11'-4" 24'-0" x 11'-4" 24'-0" x 11'-4" 24'-0" x 11'-4" 24'-0" x 11'-4" 24'-0" x 11'-4" 24'-0" x 11'-4" ELECT. RM 68' - 0"
0 PROJECT NO.
48 12
SCALE: 1/8"=1'-0"
FT
F L O O R O' H A R A A P T S B r e n t w o o d, C A
P L A N S
1450-0003
0 03
1 /28/23
1/8" = 1'-0" 2 SECOND AND THIRD FLOOR PLANS
1/8" = 1'-0" 1 FIRST FLOOR PLAN
MINIMUM OF 48 SQ.FT. OF
COVERED AREA AT PRIMARY
ENTRACE
MINIMUM OF 48 SQ.FT. OF
COVERED AREA AT PRIMARY
ENTRACE
MINIMUM OF 48 SQ.FT. OF
COVERED AREA AT PRIMARY
ENTRACE
O’HARA APARTMENTS │ Brentwood, CA
PROJECT NO: 1450-0007 A.09January 5, 2024
Architecture + Design
3 BEDROOM 2 BEDROOM
3 BEDROOM
2 BEDROOM
2 BEDROOM
1 BEDROOM 1 BEDROOM 1 BEDROOM
1 BEDROOM
2 BEDROOM
2 BEDROOM
STAIR
6' - 0"
CIRCULATION STAIR
2 BEDROOM 1 BEDROOM
2 BEDROOM 2 BEDROOM
GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE GARAGE
GARAGE
GARAGE
GARAGE
GARAGE
CIRCULATION CIRCULATION CIRCULATION
BIKES
GARAGE GARAGE
188' - 0"
CIRC.
MAIL
CIRC.
FIRE RM.
6' - 0"
24'-8" x 10'-6"
24'-8" x 10'-6"
24'-8" x 10'-6"
24'-8" x 10'-6"
STORAGE
24'-8" x 14'-2"
19'-10" x 11'-2"
24'-0" x 11'-4"
20'-0" x 17'-1"
STOR. STOR. STOR. STOR. STOR. STOR. STOR. STOR. STOR.
24'-0" x 11'-4" 24'-0" x 11'-4" 24'-0" x 11'-4" 24'-0" x 11'-4" 24'-0" x 11'-4" 24'-0" x 11'-4" 24'-0" x 11'-4" 24'-0" x 11'-4" ELECT. RM 68' - 0"
0 PROJECT NO.
48 12
SCALE: 1/8"=1'-0"
FT
F L O O R O' H A R A A P T S B r e n t w o o d, C A
P L A N S
1450-0003
0 03
1 /28/23
1/8" = 1'-0" 2 SECOND AND THIRD FLOOR PLANS
1/8" = 1'-0" 1 FIRST FLOOR PLAN
First, Second and Third Floor Plans
AFFORDABLE HOUSING PLAN
3 BDR / 2 BATH
3RD FLOOR
1 BDR / 1 BATH
3RD FLOOR
1 BDR / 1 BATH
2ND FLOOR
2 BDR / 1 BATH
2ND FLOOR
2 BDR / 1 BATH
1ST FLOOR
No. of % of
Units Floor Unit Type
1 Bdr / 1 Bth A1 2 2,3 693 SF 22%
2 Bdr / 1 Bth B2 2 1 931 SF 33%
3 Bdr / 2 Bth C2 1 3 1,360 SF 25%
5 922 Ave SF 19%
Unit Type Area
Unit
AFFORDABLE UNIT SCHEDULE
O’HARA APARTMENTS │ Brentwood, CA
PROJECT NO: 1450-0007 A.10January 5, 2024
Architecture + Design
BOARD AND
BATTEN - WHITE
CEMENT PLASTER
- LIGHT GREY
CEMENT PLASTER
- LIGHT TAN
THIN BRICK
- STONE HORIZONTAL
STEPPED
1. CEMENT PLASTER 2. 3. 5. 8. 9.
- IVORY WHITE
WHITE VINYL
WINDOWS
CEMENT PLASTER
- DARK GREY
4. PORCELAIN TILE
- ASH WOOD STACK
7. Scale: 1/16" = 1'-0"
00 8 16 32
EXTERIOR ELEVATIONS
2. EAST ELEVATION 1. NORTH ELEVATION
4. WEST ELEVATION
1ST FLOOR
0’-0”
2ND FLOOR
10’-6”
3RD FLOOR
22’-0”
ROOF
32’-6”
T.O. PARAPET 2 40’-0”
1ST FLOOR
0’-0”
2ND FLOOR
10’-6”
3RD FLOOR
22’-0”
ROOF
32’-6”
T.O. PARAPET 1 37’-0”
3. SOUTH ELEVATION
1 1 7
2 4
4 3
5 3
5 5
WT. VINYL WINDOWS
TRIM, TYP.
WT. VINYL WINDOWS
TRIM, TYP.
ALUMINUM PICKET
FACE-MOUNTED
RAILINGS
METAL AWNINGS TYP.
METAL AWNINGS TYP.
PAINTED GARAGE
DOORS TYP. TAN
8 8
2 2
1 1
3 3
4 4
5 WT. VINYL WINDOWS
TRIM, TYP.
WT. VINYL WINDOWS
TRIM, TYP.
ALUMINUM PICKET
FACE-MOUNTED RAILINGS
PAINTED GARAGE
DOORS TYP. TAN
5 5
3 3 3 7 5 3
7
O’HARA APARTMENTS │ Brentwood, CA
PROJECT NO: 1450-0007 L.01January 5, 2024
Architecture + Design
OVERALL LANDSCAPE PLAN
ELECTRIC VEHICLE
CHARGING STATION
ELECTRIC VEHICLE
CHARGING STATION
X
T
COMPACT
ELECTRIC VEHICLE
CHARGING STATION
COMPACT COMPACT COMPACT
COMPACT COMPACT COMPACT COMPACT
COMPACT
PROPERTY LINE
LONE TREE WAY
O'HARA AVE
EMMA ROSE BLVD
PROPERTY LINE
(E) RESIDENTIAL
(E) RESIDENTIAL
(E) WALL
(E) CONCRETE WALK
(E) WALL ON PROPERTY LINE STORMWATER
QUALITY AREA, TYP.
LANDSCAPE AREA, TYP. (E) PUBLIC WALK
LANDSCAPE AREA, TYP.
ANCHOR & GUY
WIRE EASEMENT
TRANSFORMER
F
F F
T
H H H H H 10'-0" BLDG SETBACK
10'-0" MIN.
BLDG
SETBACK
LANDSCAPE AREA, TYP.
ACCENT TREE, TYP.
PARKING LOT
SHADE TREE, TYP.
F
25'-0"
SETBACK
25' X 25' VISIBILITY TRIANGLE.
LOW PLANTING WITHIN THIS AREA.
(E) TREE TO
BE REMOVED
25' X 25' VISIBILITY
TRIANGLE.
LOW PLANTING
WITHIN THIS AREA.
35'-0" 34'-0" 26'-6" 26'-6" 35'-0" 26'-0"
32'-0" 24'-0"
TREES BOTANICAL / COMMON NAME CONT WATER USE QTY
Acer rubrum `October Glory` 24"box Med 10
October Glory Red Maple
Cercis canadensis 24"box Med 2
Eastern Redbud
PLANT SCHEDULE
SHRUBS
BOTANICAL / COMMON NAME CONT WATER USE SIZE (HXW)
Abelia x grandiflora `Kaleidoscope` 5 gal Med 36" X 36" Kaleidoscope Glossy Abelia
Carex divulsa 5 gal Low 18" X 18"
European Grey Sedge
Chondropetalum tectorum 5 gal Low 24" X 36"
Small Cape Rush
Cistus x 'Grayswood Pink' 5 gal Low 36" X 48"
Rock Rose
Galvezia speciosa `Firecracker` 5 gal Low 24" X 36"
Bush Snapdragon
Hesperaloe parvifolia 5 gal Low 48" X 36"
Red Yucca
Ilex crenata `Sky Pencil` 5 gal Med 72" X 24"
Sky Pencil Japanese Holly
Nandina domestica `Gulf Stream` 5 gal Low 36" X 36"
Heavenly Bamboo
Rosmarinus officinalis `Roman Beauty` 5 gal Low 36" X 24" Roman Beauty Rosemary
Salvia leucantha `Midnight` 5 gal Low 36" X 60"
Midnight Mexican Bush Sage
VINE/ESPALIER
BOTANICAL / COMMON NAME CONT WATER USE SPACING
Parthenocissus tricuspidata `Veitchii` 15 gal Med ---
Boston Ivy
GROUND COVERS
BOTANICAL / COMMON NAME CONT WATER USE SPACING
Bouteloua gracilis `Blonde Ambition` 1 gal Low 24" o.c. Accent/Border/Mass Blue Grama
Epilobium c. latifolium 'Everett's Choice' 1 gal Low 48" o.c.
Everett's California Fuchsia
Grevillea lanigera `Coastal Gem` 1 gal Low 48" o.c.
Coastal Gem Grevillea
PROJECT NO. 1450-0007 1/3/2024
OVERALL LANDSCAPE PLAN O'Hara Apartments BRENTWOOD, CA
N
FT
0 20 40 60
SCALE: 1" = 20'-0"
L.01
PARKING LOT TREE SPACING:
26' + 35' + 26.5' + 26.5' + 34' + 35' + 24' + 32'
8 = 239'
8 = 29.875' AVERAGE TREE SPACING
DR 24-002, O’Hara Apartments
- Site and Project Criteria 65912.121 Meets
Requirement
Yes/No
Comments
A 65912.121 (a)
Located in a zone where office, retail, or
parking are a principally permitted use.
Yes Thoroughfare
Commercial (C3)
B 65912.121 (b)
A legal parcel(s) that is within a city where
the city boundaries include some portion of
an urban area.
Yes
D 65912.121 (c)
The project site abuts a street with public
right-of-way between 70 and 150 feet and
has at least 50 feet of frontage on the
street.
Yes Lone Tree Way
E 65912.121 (d)
The site is 20 acres or less.
Yes 0.78-acres
F 65912.121 (e)
At least 75 percent of the site perimeter
adjoins parcels with urban uses (inclusive of
parcels that are only separated by a street
or highway).
Yes
G 65912.121 (f)
Not on or adjoined to any site where more
than one-third of the site is industrial use
(inclusive of parcels that are only separated
by a street or highway).
Yes
H 65912.121 (g)
Satisfies the requirements specified in
subparagraphs (B) to (K), inclusive, of
paragraph (6) of subdivision (a) of Section
65913.4 regarding:
Prime farmland or farmland of
statewide importance
Wetlands
Hazardous waste site
Delineated earthquake fault zone
100-year Flood Zone
Regulatory Floodway
Lands identified in an adopted natural
resources protection plan
Yes Maps and figures
as attachments
DR 24-002, O’Hara Apartments
- Site and Project Criteria 65912.121 Meets
Requirement
Yes/No
Comments
Protected Habitat
Conservation easement
I 65912.121 (h)
Would not require the demolition of housing
that is subject to a recorded covenant,
ordinance, or law that restricts rents to
levels affordable to persons and families of
moderate, low, or very low incomes.
Yes
J 65912.121 (h)
Would not require the demolition of housing
that is subject to any form of rent or price
control through a public entity’s valid
exercise of its police power.
Yes
K 65912.121 (h)
Would not require the demolition of housing
that has been occupied by tenants within
the past 10 years (excluding any manager’s
units).
Yes
L 65912.121 (h)
Would not require the demolition of a
historic structure.
Yes
M 65912.121 (h)
The property does not contain one to four
dwelling units.
Yes
N 65912.121 (h)
The property is not zoned for single-family
housing.
Yes
O 65912.111 (h)
Parcel is not governed under the
Mobilehome Residency Law, the
Recreational Vehicle Park Occupancy Law,
the Mobilehome Parks Act, or the Special
Occupancy Parks Act.
Yes
P 65912.121 (i)
For a site within a neighborhood plan, the
neighborhood plan permits multifamily
housing development on the site.
N/A Not part of
neighborhood
plan
Q 65912.121 (j) Yes See attachments
DR 24-002, O’Hara Apartments
- Site and Project Criteria 65912.121 Meets
Requirement
Yes/No
Comments
If vacant site, satisfies both of the following:
(1) No tribal cultural resources.
(2) Not within a very high fire hazard
severity zone.
DR 24-002, O’Hara Apartments
- Affordability Criteria 65912.122 Meets
Requirement
Yes/No
Comments
A 65912.122 (a)
If a rental housing development,
proposal includes either:
(A) 8 percent very low-income
units and 5 percent extremely low
income units, or
(B) 15 percent lower income
units.
AND deed restriction for these units
for 55 years.
Yes The proposal includes 15%
lower income units as
follows:
15.4 low ( 4 units) and
3.8% very low (1 unit).
B 65912.122 (b)
If an owner-occupied housing
development, proposal includes
either of the following:
(A) 30 percent moderate-income
units, or
(B) 15 percent lower income
units.
AND deed restriction for these units
for 45 years.
N/A
C 65912.122 (b)
The development proponent shall
agree to, and the local government
shall ensure, the continued
affordability of all affordable
ownership.
Yes Through a 55-year deed
restriction
D 65912.122(c)
The City of Brentwood has a local
affordable housing requirement, and
the housing development project
shall include both of the following:
(A) The percentage of affordable
units required by AB 2011 or
the local requirement,
whichever is higher;
(B) The lowest income targeting in
either policy
Yes (A) 15.4% lower income
units
(B) including 3.8% very
low income
DR 24-002, O’Hara Apartments
- Affordability Criteria 65912.122 Meets
Requirement
Yes/No
Comments
E 65912.122 (d)
Affordable units have the same
bedroom and bathroom count ratio
as the market rate units, are
equitably distributed within the
project, and have the same type or
quality of appliances, fixtures, and
finishes.
Yes All units have same
bedroom and bathroom
count ration, are equitably
distributed and will have
the same type and quality
of appliances, fixtures and
finishes.
DR 24-002, O’Hara Apartments
- Objective Development Standards Meets
Requirement
Yes/No
Comments
A 65912.123 (a)
The development is a housing development
project that proposes five (5) or more units.
Yes 26 units
B 65912.123 (b)
The proposed residential density for the
development meets or exceed the greater of the
following:
(A) The residential density allowed on the
parcel by the local government.
(B) 30 units per acre for sites of less than
one acre in size.
(C) 40 units per acre for sites of one acre or
greater and located on a commercial corridor
of less than 100 feet in width.
(D) 60 units per acre for sites of one acre or
greater and located on a commercial corridor
of 100 feet in width or greater.
(E) 80 units per acre for sites within onehalf mile of a major transit stop.
Yes
(A) NA
(B) Yes, 33.38 units
per acre
(C) NA
(D) NA
(E) NA
D 65912.123 (c)
The height limit applicable to the housing
development is the greater of the following:
(1) The height allowed on the parcel by the
local government.
(2) 35 feet for sites on a commercial
corridor of less than 100 feet in width.
(3) 45 feet for sites on a commercial
corridor of 100 feet in width or greater.
(4) 65 feet for sites are within one-half mile
of a major transit stop, are within a city
with a population of greater than 100,000
and are not within a coastal zone.
Yes
(1) 3 stories, 40’ max
(2) NA
(3) NA
(4) NA
E 65912.123 (d)
The property meets all setback standards (rows
F-I).
Yes
See below (F-I)
F 65912.123 (d) (1)
Front setbacks:
Yes
DR 24-002, O’Hara Apartments
- Objective Development Standards Meets
Requirement
Yes/No
Comments
All parking must be set back at least 25
feet.
On the ground floor, a building or buildings
must abut within 10 feet of the property
line for at least 80 percent of the frontage.
G 65912.123 (d) (2)
Side setbacks:
Building(s) must abut within 10 feet of the
property line for at least 60 percent of the
frontage.
Yes
H 65912.123 (d) (3)
For the portion of the property that abuts an
adjoining property that also abuts the same
commercial corridor as the property, no
setbacks are required unless the residential use
was constructed prior to the enactment of AB
2011.
Yes The proposed building
is setback 48 feet
I 65912.123 (d) (4)
For the portion of the property line that does
not abut a commercial corridor, a side street, or
an adjoining property that also abuts the same
commercial corridor as the property:
(A) Along property lines that abut a property
that contains a residential use, the following
shall occur:
(i) Ground floor shall be set back 10 feet.
(ii) Starting with second floor, each
subsequent floor shall be stepped back equal
to seven feet multiplied by the floor number.
(B) Along property lines that abut nonresidential use, the development shall be set back 15 feet
Yes The proposed building
is setback at least 48’
from abutting
residential zoned
properties.
J 65912.123 (e)
Meets local parking requirements for bicycle,
electric vehicle parking spaces or parking
spaces that are accessible to persons with
disabilities.
Yes
2 accessible spaces
16 EV spaces
15 bicycle spaces
o 13 long term
DR 24-002, O’Hara Apartments
- Objective Development Standards Meets
Requirement
Yes/No
Comments
o 2 short term
K 65912.123 (f)
The development proponent has completed a
phase I environmental assessment and
mitigated any health hazards to a level of
insignificance (provide documentation as an
attachment).
Yes
See attached executive
summary of Phase I
L 65912.123 (g)
None of the housing on the site is located
within 500 feet of a freeway.
Yes
M 65912.123 (h)
None of the housing on the site is located
within 3,200 feet of a facility that actively
extracts or refines oil or natural gas.
Yes
N 65912.123 (j)
Proposal is consistent with other objective
zoning standards, objective subdivision
standards, and objective design review
standards from the closest zone.
Yes See IODS Matrix and
Density Bonus Law
Waiver request matrix
O 65912.123(i)
Development proponent has provided each
commercial tenant on the site with a notice of
pending housing development application.
N/A
Interim Objective Design Standards
For Multi-Family Residential and Mixed-Use Projects
DR 24-002 / O’Hara Apartments
Planning Division
Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 1 / 12
3. Multi‐Family Site Development
Objective Design Standard
Has this
Standard been
met? N/A, Yes,
or No
Comment
3.1 Multi‐Family Site Parking, Access and Circulation
A
Where pedestrian circulation crosses vehicular routes, a change in grade materials, textures or colors must be provided to emphasize the conflict point and improve its visibility and safety.
Yes Provided for all pedestrian crossing
B
Enhanced paving treatment using patterned and/or colored pavers, brick, or decorative colored and scored concrete must be used as follows:
1. Entry Drives‐ Minimum 12 feet deep acrossthe width of each entry drive.
2. Pedestrian Crossings‐ Minimum one foot wider than connecting walkways acrossthe length of the intersecting primary and side streets.
Yes Depicted as part of the proposal
C Pedestrian pathways must be separated from automobile circulation routes.
Yes Pedestrian circulation is out of vehicle
routes
D
For multi‐family and mixed use developments, the ratio of bicycle parking to auto parking spaces shall be 5% (BMC 17.620.013) and must be located as follows:
1. For mixed‐use developments, bicycle parking spaces must be provided within the commercial development in convenient and secure locations within 50‐feet of the entrance to the commercial use.
2. Within multi‐family developments, bicycle parking spaces must be located within 20’ of a common area, such as laundry facility, lobby, management office, or rec‐room.
Yes 13 bicycle spaces (38% of total
vehicular parking) located in the main
breezeway.
E
Continuous Portland cement concrete curbing and vehicle stall striping must be provided for all parking areas.
Yes Depicted in site plan
Interim Objective Design Standards
For Multi-Family Residential and Mixed-Use Projects
DR 24-002 / O’Hara Apartments
Planning Division
Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 2 / 12 F
Driveway entrances must provide 10‐foot clear behind sidewalk prior to starting the first parking space.
G
Controlled entrances to parking facilities (including gates and doors) must be located a minimum of 20 feet from the back ofsidewalk, in order to accommodate one vehicle entering the facility.
N/A No proposed controlled access
H
Except for garage entrances, structured parking must not be visible from the street, or any adjacent public park, publicly accessible outdoor space or designated open space area. The public right‐of‐way must be lined with residential uses on all levels, except that commercial may be used on the ground floor when allowed by zoning.
N/A No structured parking proposed
I
Structured parking must be designed such that interior lighting shall be fully shielded and automobile headlamps must not be visible from adjacent buildings, parcels, streets, public parks, publicly accessible outdoor space or designated open space area.
N/A No structured parking proposed
J
For multi‐family developments, parking shall be provided consistent with BMC Section 17.620.
All required guest parking spaces must be located outside of any security gates or other access limitation devices, unless provisions are made to allow a resident to remotely communicate with and provide access to the visiting guest (such as through an intercom and remote control gate, or other similar devices).
N/A AB 2011 prohibits imposing parking
requirements. The parking being
proposed is in compliance with the
BMC in terms of development
standards
K Parking must not be located between the structure frontage and a public sidewalk.
Yes No parking is located between
structure and public sidewalk
3.2 Multi‐Family Site Design
A
Utility distribution facilities as defined in the BMC are required to be undergrounded within all areas of the City as identified in the Brentwood Municipal Code Section 16.120.120.
Yes Application indicates that utility
distribution facilities are
undergrounded.
B
Electrical transformers and similar Utility distribution facilities as defined in the BMC must be undergrounded or placed in the rear of the site. If undergrounding is infeasible due to preexisting site conditions such as high water table, the facility must be enclosed within the Yes Transformer is screened by a 6’
wooden fence.
Interim Objective Design Standards
For Multi-Family Residential and Mixed-Use Projects
DR 24-002 / O’Hara Apartments
Planning Division
Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 3 / 12 Building or fully screened from view. Screening must use solid materials, such as berming or enclosures rather than reliance on solely on plant materials.
C
Rooftop mechanical and electrical equipment, microwave antennae, or building elements to screen rooftop mechanical and electrical equipment, microwave antennae must be designed as an integral part of the building architecture using the same colors and materials of the main building.
Yes Application has indicated that all
rooftop equipment will be screened
with integral architectural features such
as parapet walls
D
Parapets must be provided around the perimeter of a flat roof and must be high enough to screen all rooftop mechanical equipment from visibility from a public area or along the public right‐of‐way. Parapets must be at least six inches above the tallest rooftop equipment.
Yes Application has indicated that all
rooftop equipment will be screened
from public view
E Chain link, barbed wire, and razor wire fencing are prohibited. Yes None of these fencing materials are being proposed
F
Trash enclosures must be constructed of sturdy, durable, opaque materials, with trash receptacles screened from view. All enclosures must be consistent with the City’s Solid Waste Plan Guide & Enclosure Standards. Trash enclosures must include adequate, accessible and convenient areas for collecting and loading recyclable materials. Dimensions of the recycling area must accommodate receptacles to meet the recycling needs of the project.
Yes A CMU trash enclosure is being
proposed and is in compliance with the
City’s solid waste standards
G
Areas for collecting and loading recyclable materials must be adjacent to the solid waste collection areas.
Yes Recycling bins are depicted within the
trash enclosure area
H
Exterior light of the building and site must be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing.
Yes Photometric plan and lighting details
depict compliance
Interim Objective Design Standards
For Multi-Family Residential and Mixed-Use Projects
DR 24-002 / O’Hara Apartments
Planning Division
Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 4 / 12
3.3 Landscape Design
A
Dense landscaping and/or architectural treatments must be provided to screen views and features of storage areas, trash enclosures, freeway structures, transformers, generators, and other similar elements.
Yes Landscape area will screen trash
enclosure. Transformer will be
screened by 6’ fence
B
Electrical transformers that are installed as part of a new project must be located to the rear of the site or undergrounded. Existing transformers located at the front of the site must be fully screened by landscaping and/or an architectural barrier.
Yes New transformer is in the rear of
the lot and will be screened from
public view by a 6’ fence
C
Required stormwater treatment facilities can be located in publicly accessible outdoor spaces, but must not be located in private outdoor spaces (shared or private), public rights‐of‐way, or public access easements. Exceptions include:
1. Permeable paving (as defined by applicable stormwater management standards), which can be used in shared or private open space.
2. Landscaped required stormwater treatment planters, which may occupy up to 15% of the shared open space.
Yes Stormwater treatment facility will
be provided in the rear of the
property and will not be located
on any private outdoor space,
public right of way or public
easement.
D
Landscaping must permit sight distance for motorists and pedestrians entering and exiting a site consistent with the Visibility Requirements within the City’s Public Works/Engineering Division Standard Plans and Specification and may not interfere with circulation patterns.
Yes Application depicts a sight
distance analysis being in
compliance
E
Landscape planting areas must be provided an average of every of thirty feet apart within a surface parking lot to provide visual relief and summer shade. (BMC 17.630) Yes Proposed landscape plans depict
and show an analysis of average
tree spacing being in compliance
F
Reinforced Portland cement concrete curbing must be used at the edges of all planters and paving surfaces adjacent to auto circulation or parking areas.
Yes Plans depict compliance
Interim Objective Design Standards
For Multi-Family Residential and Mixed-Use Projects
DR 24-002 / O’Hara Apartments
Planning Division
Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 5 / 12 G
Planters and tree wells must have a width of not less than five feet and shall be protected from automobile overhang through the provision of tire stops or other barriers approved by the city. (BMC
17.630)
Yes Landscape plans depict planters
being at least 5 feet
H
Trees must be planted and maintained throughout allsurface parking areas to ensure that, within 15 years after establishment of the parking facility, at least 50% of the parking facility will be shaded. All planting, soil volumes, and maintenance must comply with the parking facility tree shading design and maintenance guidelines.
Yes Provided shade calculation results
in a 55% of parking facility being
shaded
I
All street trees and parking lot trees must be a minimum of 24‐inch box size. In other areas proposed trees must meet the following standards:
1. 1‐14 trees proposed: 50 percent must be 24‐inch box size minimum, remainder must be 15 gallon size minimum.
2. More than 14 trees proposed: Of the first 14 trees, seven trees must be 24‐inch box size minimum, and the remaining seven trees must be 15 gallon minimum size. Thirty percent of the remaining trees proposed must be 24‐inch box size minimum, and the remainder must be 15 gallon size minimum.
Yes All parking lot trees are proposed
to be in 24-inch box size. 2
additional trees are proposed to be
24-inch box size.
J
All proposed shrubs except accent, color, or ground cover planting, must be a minimum of 5 gallon size.
Yes All shrubs are proposed to be 5
gallon size
K
Landscaping plans must show all obstructions (including street lights, meters, backflow devices, utility covers, and transformers) that affect plant placement and installation limitations.
Yes Plans depict all obstruction that
would affect plant placement
L
All street trees must be planted and installed per the City’s Public Works/Engineering Division Standard Plans and Specification.
N/A No street trees are required
Interim Objective Design Standards
For Multi-Family Residential and Mixed-Use Projects
DR 24-002 / O’Hara Apartments
Planning Division
Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 6 / 12
3.4 Multi‐Family Architecture
A
The primary wall material (the material covering the largest percentage of surface area of any building face or elevation) must be wood, stone, brick, stucco, fiber cement or other cementitious material, or composite wood or stone. T1‐11 siding and other siding that use plywood (with the exception of board and batten) are prohibited. Thin layer synthetic stucco products may not be used within 8 feet of ground level unless specially reinforced or located away from pedestrian accessible areas.
Yes The proposed materials are:
Cements plaster, porcelain tile,
thin brick and board and batten
B Developments must incorporate a minimum of two building materials on each structure elevation. Yes Each elevation proposed at least two materials
C
All vents, gutters, downspouts, flashing, electrical conduits, etc., must be painted to match the color of the adjacent surface, unless being used expressly as a trim or accent element.
Yes All of the mentioned equipment
will be painted to match the color
of the adjacent surface
D
Soffits and other architectural elements visible to the public but not detailed on the plans must be finished in the same material as other exterior materials used on the building.
Yes Application indicates compliance
E
Approved address numbers must be provided so that they are legible to the public from the street fronting the property.
Yes Application indicates compliance
F
Garage doors must be recessed into the garage wall, with a minimum of four inches provided between the face of the garage door and the adjacent primary wall plane, to accentuate shadow patterns and relief.
Yes Plans depict 7 ½ inch recess
G
Building facades visible from any street frontage, adjacent public park, publicly accessible outdoor space, or designated open space, may not extend more than 40 feet in length without a five‐foot variation in depth in the wall plane utilizing varying setbacks, building entries and recesses, courtyards or structural bays. Major breaks shall be a minimum of 5 feet deep and 10 feet wide, and must extend at least two‐thirds of the height of the building. Exceptions include:
No, seeking
waiver
Density Bonus waiver requested
(See density bonus waiver request
matrix)
Interim Objective Design Standards
For Multi-Family Residential and Mixed-Use Projects
DR 24-002 / O’Hara Apartments
Planning Division
Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 7 / 12
1. For buildings with upper stories (above first floor) stepped back at least five feet, the major break need only extend two‐thirds of the height of the portion of the front façade that is not stepped back.
H
Buildings greater than two stories must be designed to differentiate a defined base, a middle or body, and a top, cornice, or parapet cap. Buildings less than two stories must include a defined base and top.
Yes Through projections of in
architecture on the 2nd and 3rd
floors and material change. Top
has cornice and parapets.
I
Rooflines must be vertically articulated at 30‐foot minimum intervals along the street frontage through one of the following techniques:
1. A change in height of a minimum four feet;
2. A change in roof pitch or form; or
3. The inclusion of dormers, gables, parapets, varying cornices, and/or clerestory windows.
Yes Provided by a change in parapets
and cornice.
J When a pitched roof is used, all roofing material must be of tile materials. N/A No pitched roof proposed.
K
Primary building entrances and associated paths of travel must be visible from the adjacent street with a minimum recess or projection of 48 square feet in area.
Yes All entrances are recessed at least
48 square feet
L
Within any mixed‐use project, any mixed‐use building street frontage greater than 150 feet in length must have multiple pedestrian entrances to access the businesses or residences in the building. The maximum distance between building entrances along the same frontage will be no more than 75 feet.
N/A Not a mixed used project
M
Blank walls (facades without doors, windows, or landscaping treatments) must be less than 30 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas.
Yes All blank walls are along the
mentioned areas are less than 30
feet. The longest (SW corner) is
26 feet.
Interim Objective Design Standards
For Multi-Family Residential and Mixed-Use Projects
DR 24-002 / O’Hara Apartments
Planning Division
Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 8 / 12 N
Storefronts in new mixed‐use developments must contain clear openings and windows or a minimum of 60% of the total area of the first floor facades facing sidewalks, pedestrian walks, or publicly accessible outdoor space areas.
N/A No storefronts proposed with the
project
O
Structure Height (adjacent to existing residential). The side and rear walls of any structure within 10 feet of a required setback must not be more than two stories higher or lower than the directly adjacent existing residential structure. Structures that exceed this height requirement shall stepback upper floors so that the wall plane does not fall within 10 feet of a required setback adjacent to existing residential.
N/A Building is setback 28 feet from
neighboring residential lot.
P
Publicly visible walls more than 20 feet in length along any street frontage or front elevation, or 30 feet along an interior rear or side elevation, must be articulated by at least three of the following features:
1. doors and windows recessed by a minimum of two inches;
2. exterior arcades or other ground floor building recessions that provide sheltered walkways within the building footprint. These features must have a minimum area of 48 square feet;
3. variations in wall plane (projection or recess) by a minimum of two feet in depth;
4. a recessed or projected entry with a minimum area of 24 square feet; or
5. vertical elements, such as pilasters, that protrude a minimum of six inches from the wall surface and extend the full height of the structure.
Yes All publicly visible walls contain
features from #1, #4 or #5
Q
Exterior stairwells may not be oriented to the street. For safety and security, exterior stairwells must be oriented to interior spaces, such as plazas and gathering areas, parking areas, and pedestrian pathways and not be separated from these areas by landscaping, fences, or walls taller than three feet.
N/A No exterior stairwell proposed
Interim Objective Design Standards
For Multi-Family Residential and Mixed-Use Projects
DR 24-002 / O’Hara Apartments
Planning Division
Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 9 / 12 R
If the elevation facing a public or private street is longer than 50 feet, no more than 50 percent of a building façade must be on a single plane. An average of a five‐foot offset, with a minimum of one foot offset, is required for the remaining 50 percent of the building façade.
No, seeking
waiver
Density Bonus waiver requested
(See density bonus waiver request
matrix)
S
Elevations not facing a public or private street must have no more than 75 percent of a building façade on a single plane. An average of a five‐foot offset, with a minimum of one foot offset, is required for the remaining 25 percent of the building façade.
No, seeking
waiver
Density Bonus waiver requested
(See density bonus waiver request
matrix)
T
Buildings over three stories must provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least 75% of the building façade with frontage upon a public or private street, adjacent public park or public open space.
N/A Building is not over three stories
3.5 Useable Open Space – Private and Shared
A
Residential projects must provide and maintain private and shared open space asfollows:
1. A minimum of five hundred square feet of usable open space must be provided for each dwelling unit on a lot.
2. A minimum of seventy‐five percent of the dwelling units on a lot must be provided with private usable open space as follows:
a. Private usable open space must be directly accessible from the unit served and available only to that unit.
b. Ground level private usable open space must have a minimum area of one hundred square feet and a minimum dimension of eight feet, furthermore, no more than fifty percent of that area may be covered by a roof or second story balcony or deck.
No, seeking
waiver
Density Bonus waiver requested
(See density bonus waiver request
matrix)
Interim Objective Design Standards
For Multi-Family Residential and Mixed-Use Projects
DR 24-002 / O’Hara Apartments
Planning Division
Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 10 / 12 c. Private usable open space above the ground level must have a minimum area of sixty square feet and a minimum dimension of six feet, furthermore, no more than fifty percent of that area may be covered by a roof, balcony or deck.
3. Shared usable open space must be available and accessible to all occupants of the residential project for purposes of active and/or passive outdoor recreation, exclusive of driveways, areas for off‐street parking and services, and exclusive of the required front yard setback as follows:
a. A minimum of seventy‐five percent of the shared usable open space must be at ground level, the remainder may be located above ground on a balcony or roof deck. b. Ground level shared usable open space must have a minimum dimension of twelve feet and shall not be covered by any roof, balcony or other such covering. c. Shared usable open space above ground level must have a minimum dimension of ten feet and minimum area of two hundred square feet, which must be unobstructed and shall not serve as access to any residential unit. A maximum of twenty‐five percent of the aboveground level shared open space may be covered.
Usable open space may be provided as a combination of “private” and “shared” outdoor spaces, defined as follows:
• "shared" outdoor space is provided with shared access for all building tenants. This includes courtyards, gardens, play areas, outdoor dining areas, Recreation amenities, rooftop amenities.
• "private" outdoor space is provided with direct access from the dwelling unit which it serves.
This includes balconies, private gardens, private yards, terraces, decks, porches.
Interim Objective Design Standards
For Multi-Family Residential and Mixed-Use Projects
DR 24-002 / O’Hara Apartments
Planning Division
Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 11 / 12 B
Within the required shared outdoor spaces areas as required in Standard 3.5(A), amenities are required to be provided as follows:
Amenity types are defined as follows:
Passive Recreation Amenities. Passive recreation amenities include community gardens, outdoor gathering/seating area, picnic/barbeque area, pet area/dog park, or courtyard/ plaza. Each passive recreation area shall include a minimum seating capacity of one for each 10 units and at least one of the following: trellis, gas fire pit, BBQ, or picnic table Active Outdoor Amenities. Active recreation amenities include playground/tot lots, sport court/field, outdoor fitness area, swimming pool, exercise structure or complex, clubhouse w/kitchen, recreation hall.
No, seeking
waiver
Density Bonus waiver requested
(See density bonus waiver request
matrix)
Number of Units
in Development
Passive Recreation
Amenities
Active Recreation Amenities
11‐30 2 with a minimum area
of 300 sq. ft. total
1 with a minimum area of 500 sq. ft. total
31‐60 2 with a minimum area
of 400 sq. ft. total
2 with a minimum area of 800 sq. ft. total
61‐100 2 with a minimum area
of 500 sq. ft. total
2 with a minimum area of 1,200 sq. ft. total
101+ 2 with a minimum area
of 600 sq. ft. total
2 with a minimum area of 2,000 sq. ft. total
Interim Objective Design Standards
For Multi-Family Residential and Mixed-Use Projects
DR 24-002 / O’Hara Apartments
Planning Division
Effective: June 28, 2023
150 City Park Way Brentwood, CA 94513 (925) 516-5405 [email protected] Page 12 / 12 C
Unless located on the rooftop, shared outdoor spaces must be designed to be visible from inside the building, such as windows located at building entrances and/or dwelling unit windows.
No, seeking
waiver
Density Bonus waiver requested
(See density bonus waiver request
matrix)
D
Up to 15% of the shared outdoor space may be landscaped using required stormwater treatment planters that are contiguous with the common outdoor space.
No, seeking
waiver
Density Bonus waiver requested
(See density bonus waiver request
matrix)
7460 Lone Tree Way Density Bonus Request
On behalf of TA Ohara, LLC (“Applicant”), this serves as a request for a density bonus consistent with State Density Bonus Law (Gov’t Code § 65915) and Municipal Code Chapter
17.720 for the proposed 26-unit housing project AB 2011 (“Project”) located at 7460 Lone Tree Way, (018-070-017) in the City of Brentwood (“City”).1 The Further project details, including the vicinity map and site plan, may be found in the current plan set for the Project submitted concurrently with this request.
The vacant Project site is 0.7788 acres. The Project site has a GC General Plan designation and is in a C-3 zoning district. Further project details that serve as the affordable housing plan, including the unit mix, floor plans, a vicinity map and site plan, may be found in the plan set for the Project submitted concurrently with this request. The Applicant would work from existing City template forms for the affordable housing agreement and deed restriction which would be recorded prior to building permit issuance. No pro-forma is included with this request because Density Bonus Law and State guidance are clear that a financial study is not required under Density Bonus Law to qualify for its benefits.
To market the affordable units, Developer will work with City to obtain names of eligible households certified or maintained by City in accordance with City's Affordable Housing Program and will coordinate with the City on marketing the affordable units to those households.
As described in the AB 2011 application submitted concurrently with this request, because the Project site is within a metropolitan jurisdiction (See Exhibit C) and less than one acre in size, the applicable minimum density under Government Code 65912.123(b) is 30 units per acre. No city-wide zoning district permits at least 30 units an acre. However, the PA-1 Multiple-Family Very-High Density Residential (MFVHDR) district is located approximately 1.7 miles from the project site and permits multifamily uses at 15 to 35 units an acre. This would mean the project would be required to have a 30 unit an acre minimum density and 35 unit an acre maximum density. At 26 units on a 0.7788 site, the Project is 33.38 units an acre does not require a density bonus. If the City disputes that the 35 unit an acre maximum applies to the Project, using the AB 2011 minimum density of 30 units are acre, the Project’s base density would be 24 units. By providing 4 lower income units and 1 very low income unit, the Project conservatively2 qualifies
for a 27.5% density bonus which would allow up to 31 total units on the site. The Project is also entitled to at least one concession, unlimited waivers, and reduced parking ratios (AB 2011 projects do not require any parking and therefore this reduction is unnecessary). 1 AB 2011 projects are subject to Density Bonus Law. (Gov. Code § 65912.124(f).) 2 Because the very low income also meets the definition of a lower income unit, the project would qualify for a 35% bonus if all 5 affordable units were considered lower income units.
Requested Concessions
“[I]ncentives and concessions are intended to assist in lowering the cost to build a project that includes affordable housing by allowing the developer to avoid development standards. [Citation] An ‘incentive or concession’ is defined as a ‘reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards ... that results in identifiable and actual cost reductions.’ [Citation] The law states that a ‘site development standard’ includes setbacks, height limitations, and other requirements imposed by ‘any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.’ [Citation] The applicant is not required to prove the requested incentives will lead to cost reductions; the incentive is presumed to result in cost reductions and the city bears the burden to demonstrate otherwise if it intends to deny the incentive.” (Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 770.) The Applicant is not requesting any concessions at this time but reserves the right to do so if the City identifies any applicable objective development standards that the Project does not comply with beyond those identified in the requested waivers below.
Requested Waivers
Government Code Section 65915(e)(1) provides, in part, that “[I]n no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section.” The right to waivers has been broadly interpreted by the courts. (See Wollmer v. City of Berkeley (2011) 193 Cal.App.4th 1329, 1346–1347 [“Standards may be waived that physically preclude construction of a housing development meeting the requirements for a density bonus, period. [] The statute does not say that what must be precluded is a project with no amenities, or that amenities may not be the reason a waiver is needed.”) “[A] city must offer a waiver or reduction of development standards that would have the effect of physically precluding the construction of a development at the density, or with the requested incentives, permitted by the Density Bonus Law. [] For example, if a city ordinance imposes a building height limitation, a city must waive that limitation for a development that is eligible for a density bonus if imposing the height limit would physically preclude construction of the proposed building with the requested incentives and at the density allowed by the Density Bonus Law. There are no financial criteria for granting a waiver.” (Bankers Hill 150, 74 Cal.App.5th at 770.) Importantly, as explained by the Department of Housing and Community Development, “project applicants need not consider various alternatives that might be plausible on the site without concessions, incentives, or waivers.” (HCD January 20, 2022 Notice of Violation to the City of Encinitas).
The Applicant requests the following waivers from the multi-family objective standards guidelines adopted by emergency ordinance:
3.4 Architecture Standard G: Creating major breaks at minimum of 5 feet deep and 10 feet wide, at a maximum of 40 feet apart and extending at least two-thirds of the height of the building would eliminate the ability to provide the Project’s 3-bedroom units and would therefore physically preclude development of the density bonus project. See Diagram below:
3.4 Architecture Standard Q: The building facades are longer than 50 feet along both public streets. Creating an average of 5- foot offsets across 50% of the building frontage would increase the minimum building setback resulting in the elimination of dwelling units or
substantially smaller units. Therefore, strict application of this standard would physically preclude construction of the density bonus project. See Diagram below:
3.4 Architecture Standard R: Creating an average of 5-foot offsets across 25% of the building façade on all floors would result in the elimination of units or substantially smaller units, and the loss of parking spaces and/or resident storage facilities. Therefore, strict application of this standard would physically preclude construction of the density bonus project. See Diagram below:
3.5 Usable Open Space – Private and Shared Standard A. This requirement would result in approx. 11,500 SF (.27 Acres) of required shared open space with is approximately one-third of the entire 33,924 SF site area (.78 Acres) which would preclude any meaningful residential development to occur on this site and therefore physically preclude construction of the density bonus project at the density proposed and required by AB 2011 (minimum 30 units per acre).
The requirement that no more than 50% of the required private open space be covered by a roof or balcony would eliminate the ability to stack balconies and would in the elimination of dwelling units or substantially smaller units and stepbacks larger than required by AB 2011.
Therefore, strict application of this standard would physically preclude construction of the density bonus project. See Diagram below:
3.5 Usable Open Space – Private and Shared Standard B. This requirement would result in 2 passive and 1 active recreation outdoor amenities for a total of 1,100 SF. This quantity and program of usable outdoor recreation space would result in a loss of units and parking do to the very limited site area (0.7788 acres). Therefore, strict application of this standard would physically preclude construction of the density bonus project. Also, Usable outdoor space compliant with Open Space Standard A. is not being provided so these standards would be a derivative waiver.
3.5 Usable Open Space – Private and Shared Standards C &D. Usable outdoor space compliant with Open Space Standard A. is not being provided so these standards would be a derivative waivers.
Additional Waivers. To the extent the City takes the position any additional development standards apply that the project is not consistent with, the applicant requests a waiver from those standards. (See, e.g., Bankers Hill, 74 Cal.App.5th at 775 “unless one of the statutory exceptions applies, so long as a proposed housing development project meets the criteria of the Density Bonus Law by including the necessary affordable units, a city may not apply any development standard that would physically preclude construction of that project as designed . . . .”).
Other Density Bonus Requests Government Code Section 65915(f) provides that an applicant may request a lesser density bonus than it is entitled to, including “no increase in density.” The Project requests a 0% density bonus based on the permitted maximum 35 units an
acre. If the City takes the position that 30 units an acre is a maximum density, the project requests a 12% density bonus for a total of 26 units.
The Applicant also does not request the reduced parking ratios set forth in Government Code Section 65915(p) be applied to the project as no parking requirement applies under AB 2011.
The Applicant may adjust its Density Bonus request as the Project proceeds through AB 2011 processing. We look forward to working with you on the Project.
Exhibit I
Prevailing Wage Letter
[Attached]
Exhibit J
ALTA Survey
[Attached]
Exhibit K
EnviroStor
[Attached]
Exhibit K – EnviroStor Map
Exhibit L
Farmland Map
City of Brentwood PA-1 - EIR
[Attached]
C i t y C i t y
o f o f
A n t i o c h A n t i o c h
C i t y o f O a k l e y C i t y o f O a k l e y
Brentwood Blvd
UV4
Sand Creek Rd
UV4
Concord Ave
Empire Ave
Sellers Ave
Neroly Rd
Balfour Rd Balfour Rd
Chestnut St
Sunset Rd
Dainty Ave
Lone Tree Way
Delta Rd
BrionesValleyRd
Marsh Creek Rd
Fairview Ave
Ohara Ave
Walnut Blvd
DeerValleyRd
DeerValley
Rd
Sand Creek
Marsh Creek
Aqueduct
Deer Creek
Dry Creek
Figure 3.2-1:
Important Farmlands
Data sources: California Department of Conservation, Farmland Mapping and Monitoring Program, Contra Costa County 2010; City of Brentwood GIS; Contra Costa County GIS. Map date: March 3, 2014.
BRENTWOOD GENERAL PLAN UPDATE
Category
Prime Farmland
Farmland of Statewide Importance
Unique Farmland
Grazing Land
Farmland of Local Importance
Other Land
Urban and Built-Up Land
Water Area
Planning Areas
Brentwood City Limits
Brentwood Sphere of Influence
Brentwood Planning Area
I 0 0.5 1
Miles
Exhibit M
Cultural Report
[Attached]
July 6, 2023 15462
Mark Tekin
TA Ohara, LLC
c/o Tekin and Associates, LLC
2600 Dallas Parkway, Suite 370
Frisco, Texas 75034
Subject: Records Search Results for 7460 Lone Tree Way, City of Brentwood, Contra Costa County, California
Dear Mark,
This letter report describes the results of a records search conducted for the property located at 7460 Lone Tree Way, City of Brentwood, Contra Costa County, California (project). On June 28, 2023, Dudek requested a records search from the Northwest Information Center (NWIC) of the California Historic Resources Information System (CHRIS), located in Rohnert Park, California. The records search was completed on July 5, 2023 by researcher Annette Neal, NWIC staff (NWIC File No.: 22-2026), and included a review of documents associated with the project area and 0.25-mile radius including previously recorded resources and studies, documentation related to the Office of Historic Preservation Built Environment Resources Directory (BERD), the Archaeological Determination of Eligibility (EDOE), the California Inventory of Historic Resources, the Caltrans Bridge Survey, as well as ethnographic information, historical literature, historical maps, local inventories, GLO and/or Rancho Plat Maps, and soil survey maps.
The results of the records search indicate that there are no cultural resources recorded within the project area or
0.25-mile radius. Additionally, there are no previously conducted studies within the project area; however, 7 previous studies have been conducted within a 0.25-mile radius of the project area, all of which are located south of Lone Tree Way (Attachment 1). Six of those previous studies are archaeological assessments for individual properties and one study relates to a water supply pipeline (Table 1).
Table 1. Previous Studies within a 0.5-mile Radius of the Project Area Report
No.
Author(s) Year Title Publisher
S-018557 1996 Cultural Resources Investigation for the
Proposed City of Brentwood Interim Water
Supply Program, Contra Costa County, California
Jones & Stokes
Associates, Inc.
S-025281 Miley Paul
Holman
2001 Archival Research and Field Inspection of the
Brentwood Property, APN 018-090-015 and
018-090-018, Located at Lone Tree Way and
O'Hara Avenue, Brentwood, Contra Costa County,
California (Letter Report)
Holman &
Associates
TO: CHRISTINA H. CEBRIAN
SUBJECT: RECORDS SEARCH RESULTS FOR 7460 LONE TREE WAY
15462 2 JULY 2023
Report
No.
Author(s) Year Title Publisher
S-025283 Miley Paul
Holman
2001 Archaeological Field Inspection of the Brentwood
Property, APN 018-110-006 and 007, 108-100-
027 and 028, Brentwood, Contra Costa County,
California (Letter Report)
Holman &
Associates
S-025302 Miley Paul
Holman
2002 Archaeological Field Inspection of the Rippy
Property, 3215 O'Hara Avenue, Brentwood,
Contra Costa County, California (Letter Report)
S-029769 William Self 2005 Survey and Assessment of the Prewett Ranch Property in Brentwood, California (letter report)
William Self
Associates, Inc.
S-029769a William Self 2005 Survey and Assessment of the Anderson Lane Easement of the Prewett Ranch Property in
Brentwood, California
(letter report)
William Self
Associates, Inc
S-030673 William Self 2005 Cultural Resources Survey for Passport Homes in Brentwood, California (letter report)
William Self
Associates, Inc.
S-039388 Allen G
Pastron
2010 Limited Phase I Cultural Resources Evaluation of
the English Congregation of Jehovah’s Witnesses
Project, Brentwood, California
Archeo-Tec
Furthermore, no listings appeared for the property in the BERD, the ADOE, or the California Inventory of Historic Resources. The project area is within the Bay Miwok ethnographic territory, southeast of the ethnographic village of Chupcan (cite). Historic maps do not indicate the presence of any historic structures or features within the project area.
In sum, the results of the records search did not indicate the presence of any recorded cultural resources intersecting or within a 0.25-mile radius of the project area. No previous studies have been conducted within the project area and 7 previous studies have been conducted within a 0.25-mile radius.
If you have any questions about the findings of this study, do not hesitate to reach out to me ([email protected]) or to Adam Giacinto ([email protected]).
Sincerely,
__________________________________
Sarah Brewer, MA, RPA
Archaeologist, Dudek
Att.: Attachment 1. Records search documentation
cc: Adam Giacinto, MA, Dudek
CITY COUNCIL AGENDA ITEM NO. G.2
03/26/2024
SUBJECT: An Interim Urgency Ordinance Implementing a Modification to Brentwood Municipal Code Section 16.120.120 to allow Permitees to Install Pad-Mounted Transformers within Development Projects DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Vatsal Patel, Engineering Manager
TITLE/RECOMMENDATION
Adopt an Interim Urgency Ordinance Implementing a Modification to Brentwood Municipal Code Section 16.120.120 to allow Permitees to Install Pad-Mounted Transformers within Development Projects, and a finding of exemption from CEQA.
The proposed Interim Urgency Ordinance is not an action subject to the California Environmental Quality Act (CEQA), as the action has no potential for resulting in physical change to the environment. (14 Cal. Code. Regs. § 15358.) Further, adoption of the Ordinance is exempt under CEQA because it will not cause a change in any of the physical conditions within the area affected by the Ordinance. (14 Cal. Code Regs. § 15061(b)(3).)
The City of Brentwood (“City”) currently requires utility distribution facilities to be placed underground as a part of private development projects that include a land subdivision per Brentwood Municipal Code (“BMC”) Section 16.120.120 (“Undergrounding - Electric, communication, street lighting and advanced technology systems”). It has come to staff’s attention that there is a nation-wide shortage of underground transformers with estimates of 2028 for supplies to be available.
In order to allow developments that include a subdivision to receive building permits, staff recommends that the City Council adopt this Interim Urgency Ordinance implementing a modification to BMC Section 16.120.120 that would allow developers to install above ground (pad-mounted) transformers using one of the example screening options allowed by PG&E for residential installations.
FISCAL IMPACT
CITY COUNCIL AGENDA ITEM NO. G.2
03/26/2024
There is no anticipated direct fiscal impact as a result of this proposed modification to BMC Section 16.120.120, because it would allow residential and commercial development projects that include a land subdivision to receive building permits.
There will be a direct fiscal impact to the extent City Council does not adopt the Interim Urgency Ordinance, as development projects subject to this requirement will not be able to provide electrical service to future buildings and, therefore, will not be able to receive building permits for the foreseeable future.
Should the City Council not adopt the Interim Urgency Ordinance, the anticipated collection of $1.7M in near-term fees associated with Engineering and Inspection staff required to administer, review, approve and inspect development projects with subdivisions city-wide would be delayed. As a result, delays in the construction of public and private improvements to support development projects that include land subdivisions would cause a subsequent delay to building permit issuance, impacting FY 2025/26 and beyond. Future revenue projections for the affected commercial projects are estimated to be a loss of up to $1.5M a year in sales tax, and more for the deferred property tax anticipated.
BACKGROUND
In order to develop land use projects, such as the construction and sale of new homes, as well as many stores and businesses, developers must comply with a number of state and local laws. The Subdivision Map Act (Government Code Section 66410, et seq.) is a California state law that authorizes local governments, such as city councils, to regulate and control the design and improvement of subdivisions of land.
1 To carry out this power, each local government, including the City of Brentwood, passes its own subdivision ordinance, which sets out the requirements imposed on developers in exchange for the privilege of subdividing their land.
One of these requirements is found in BMC Section 16.120.120(A)(1), which states:
Utility distribution facilities, including, but not limited to, electric, communication, street lighting and advanced technology systems installed in and for the purpose of supplying service to any development, shall be required to be placed underground. "Advanced technology systems" shall be defined as all necessary appurtenances, equipment
1 The Subdivision Map Act applies to only the sale, lease, or financing of any parcel for which a final map or parcel map is required. Many land use projects do not require such a map and so this law does not apply to them.
CITY COUNCIL AGENDA ITEM NO. G.2
03/26/2024
and facilities required for the provision of Internet, computer, fiber optic, cable television, telephone, and other communication services within the public right-of-way and upon private property. The design, installation, inspection and testing requirements for city acceptance of such system shall meet the minimum requirements as outlined in the city of Brentwood standard plans and specifications as approved by the city engineer. The developer shall also dedicate to the city that portion of the system within the public right-of-way and shall dedicate to the property owner the portion of the system within the private property.
As currently written, this includes all Pacific Gas & Electric Company (“PG&E”) electric transformers, which must be placed underground as shown in Figure 1.
Figure 1: Typical Underground Transformer Installation (Brentwood) Subsurface Transformer Shortage
Electric distribution transformers serve an important role in converting or stepping down currents from power lines to be rated at 300,000 to 750,000 volts to lower voltages for consumer use, typically just 110 to 250 volts, with higher voltages for commercial and industrial use. Without transformers, residents and businesses will not be able to receive electricity.
CITY COUNCIL AGENDA ITEM NO. G.2
03/26/2024
Beginning this year, staff has received numerous contacts about the lack of supply and long delays associated with procuring subsurface transformers, which are required by BMC Section 16.120.120, and has been requested to explore possible options to move land use projects forward. The requests have grown such that it is now a consistent message from all developers, and repeated in local/national news that they are unable to obtain subsurface transformers within a reasonable timeframe.
PG&E estimates January 2028 as the earliest availability of subsurface transformers, whereas surface (pad-mounted) transformers are available within 6-9 months after PG&E approval of plans.
Brentwood Undergrounding Requirement
Per BMC Section 16.120.120(A)(4), the City Council, following the consideration by the Planning Commission, may waive undergrounding requirements if unusual topographical, soil or any other unusual problems make such underground installations unreasonable or impractical in accordance with the following:
a. If the requirement to underground utilities is waived, the city council may require the recordation of an improvement agreement, requiring the property owner and any subsequent owner of the subject property to join an underground utility assessment district, reimbursement district or similar improvement district, when such a district is formed, and to guarantee participation in such district by posting an improvement bond and recording a lien on subject property.
b. The affected developer or any utility company may submit information supporting a request for such waivers.
c. No waiver shall be granted in any undergrounding district previously established.
The above waiver, if granted, appears to have been meant to ensure the future undergrounding of overhead lines within or along project frontages as it describes the joining or forming of underground assessment districts, reimbursement and improvement districts. In the case of undergrounding a pad-mounted transformer, staff has not been able to receive an estimate from the development community or PG&E, however, it is believe to be infeasible for a single commercial property owner or a group of 6-8 single-family home owners to be responsible for later undergrounding a transformer in addition to the service disruptions and reconstruction efforts.
CITY COUNCIL AGENDA ITEM NO. G.2
03/26/2024
Staff has prepared draft ordinance language for the City Council’s consideration that would allow the City Engineer to waive the undergrounding requirement for facilities such as underground transformers in the event of the type of shortages currently being experienced. This language includes a sunset date of December 31, 2028, in anticipation of this shortage being resolved in the future.
Other Cities’ Undergrounding Requirements
For comparison, a summary of other cities’ requirements for projects that include land subdivisions is provided in the following table.
Table 1: Neighboring City undergrounding requirements for subdivisions Underground
Transformers Required
Exceptions to Allow Pad
Mounted Transformers
City of Antioch No Not needed
City of Concord No Not needed
City of Danville No Not needed
City of Oakley No Not needed
City of Pittsburg Yes Yes
City of Pleasant Hill Yes Yes
City of Richmond No Not needed
City of San Ramon Yes Yes
City of Walnut Creek No Not needed
All of the cities that were researched allow pad-mounted transformers except for Pittsburg, San Ramon and Pleasant Hill. However, all provide exceptions where either the City Engineer or advisory agency (i.e. Planning Commission) may determine whether undergrounding is not feasible, and if so, is authorized to allow above ground utilities, or otherwise waive or modify undergrounding requirements. Unlike Brentwood, some of the cities studied do not require developments to create or join undergrounding assessment districts, or enter into reimbursement or improvement agreements.
CITY COUNCIL AGENDA ITEM NO. G.2
03/26/2024
Figure 2: Examples of Pad-Mounted Transformer Installation Oakley San Ramon
Current Projects affected by subsurface transformer shortage There are a number of entitled development projects (Tables 1 and 2) that are subject to the subsurface transformer shortage and BMC Section 16.120.120. It would be infeasible for each developer to return to Planning Commission and City Council thereafter to request a waiver individually. As a result, this Interim Urgency Ordinance is recommended by staff to the City Council to address all current and near-term projects.
Many of the entitled development projects are currently going through the plan-check process for construction drawings with the Engineering Department. Construction drawings include grading (movement of dirt), improvements (i.e., streets, parking lots, sidewalks, sewer, storm and water), as well as joint trench plans. Joint trench plans include the designs of dry utilities such as electricity, natural gas, and telecommunications. It is through the review and approval of joint trench plans that the City Engineer reviews and approves the design and location of electric transformers.
CITY COUNCIL AGENDA ITEM NO. G.2
03/26/2024
Table 2: Residential subdivisions subject to
underground transformer requirement
Project # of
units
Entitlement
Received?
Construction
Plans Submitted
TSM 9452 Cowell Ranch 140 Yes Yes
TSM 9435 Inez Estates 8 Yes Yes
TSM 9574 Hanson Lane 94 Yes Yes
TSM 9610 Trumark Trailside 62 Yes Yes
TSM 8446 St. James 9 Yes Yes
MS 354-21 Trinity Estates 4 Yes No
TSM 9649 Orchard Grove North 34 No No
TSM 9597 Seecon Financial 41 No No
TSM 9586 Bridle Gate 272 No No
Total Units 664
Table 3: Commercial subdivisions subject to
underground transformer requirement
Project Entitlement
Received?
Construction
Plans Submitted
Costco Yes Yes
Lazy Dog Restaurant Yes Yes
La Quinta Inn/Hawthorne Suites No No
Other projects in process, etc. No No
Innovation Center @ Brentwood projects No No
There currently are pad-mounted transformers throughout the City that were installed with commercial developments; however, the timing of these projects appear to have been subsequent to, rather than concurrent with, a land subdivision approval and so were not required to install underground transformers.
CITY COUNCIL AGENDA ITEM NO. G.2
03/26/2024
Figure 4: Commercial Project with Pad-Mounted Transformer (Brentwood) Projects that are currently under construction, such as Orchard Grove and Parkside Villas are among the last projects able to procure underground transformers. In terms of urgency, many of the projects listed in Tables 2 and 3 above have submitted construction plans to the City Engineer for review are currently planned to begin construction (i.e., earthwork and supporting infrastructure) as early as this Spring 2024 and some of the smaller projects may be ready for building permit issuance as early as Fall 2024.
Screening Options for pad-mounted transformers
Staff recommends requiring residential developers to implement a screening option to the satisfaction of the City Engineer, who would ensure that the chosen option is consistent with PG&E’s designs for landscape screening using walls, shrubs, stones and other options and is provided in Attachment 1. PG&E does not allow Cities or third parties to paint equipment as this creates possible significant legal issues for PG&E.
Due to the over 3-year timeline estimated by PG&E to procure underground transformers, staff is recommending adoption of this Interim Urgency Ordinance to allow pad-mounted transformers within their projects with screening for residential projects during the time the moratorium is in effect. Staff will continue to monitor the underground transformer shortage and bring back updates to Council once underground transformer supplies are once again available.
CITY COUNCIL AGENDA ITEM NO. G.2
03/26/2024
Finally, State law requires a four-fifths vote of the City Council for the Interim Urgency Ordinance to be effective, and it shall expire on May 10, 2024, unless extended by another four-fifths vote. The ordinance may be extended, first for ten months and fifteen days, and then for an additional year if necessary, upon notice and a public hearing. If the shortage of underground transformers is not resolved in 45 days, it is anticipated that an extension will be requested at your meeting of April 23, 2024. At least ten days prior to the expiration of the interim urgency ordinance or any extension, a written report must be issued that describes “the measures taken to alleviate the condition which led to the adoption of the ordinance”. Staff may likewise bring a permanent ordinance to the City Council for its consideration, as it appears that this shortage will take multiple years to resolve.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
No Previous Action.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
The proposed Interim Urgency Ordinance is not an action subject to the California Environmental Quality Act (CEQA), as the action has no potential for resulting in physical change to the environment. (14 Cal. Code. Regs. § 15358.) Further, adoption of the Ordinance is exempt under CEQA because it will not cause a change in any of the physical conditions within the area affected by the Ordinance. (14 Cal. Code Regs. § 15061(b)(3).)
ALTERNATIVE OPTION(S)
1. Do not approve staff’s recommendation. Developers will not be able to receive full timely approval of their joint trench plans until underground transformers are available, halting all development until supply issues are resolved, or until separate Planning Commission and City Council consideration is completed (which may not be feasible in all cases).
CITY COUNCIL AGENDA ITEM NO. G.2
03/26/2024
2. Modify staff’s recommendation based on City Council direction.
3. Continue item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Pacific Gas and Electric Company - Landscape Screening
2. Ordinance
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