Form Last Updated: August 2021 9 Design and Construction Agreement color, national origin, ancestry, sex, or age. Design/Builder shall apply such policy of non-discrimination in connection with all activities related to Design/Builder's employees and Subcontractors, including with respect to initial employment, promotion, demotion, transfer, recruitment or recruitment advertising, and layoff or termination.
Section 3.5. Design/Builder’s Compliance with Law.
3.5.1. Compliance Generally. Design/Builder and each of its Subcontractors shall perform the Project in compliance with Applicable Law. Upon commencement of the Construction Phase, Public Agency will coordinate and conduct, and Design/Builder and each of its Subcontractors will attend, any mandatory construction conference held for purposes of ensuring that Design/Builder and its Subcontractors are aware of the Applicable Laws relevant to the Project.
3.5.2. DIR Registration. Design/Builder acknowledges that the Project will be subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”).
Design/Builder shall be responsible for ensuring that it and all of its Subcontractors are currently and properly registered with the DIR. Prior to commencing the Construction Work, Design/Builder and each of its Subcontractors shall: (i) complete, execute, and submit to Public Agency a "Certification Regarding Design/Builder Registration" form; and (ii) provide evidence of registration to Public Agency. Notwithstanding anything to the contrary, if at any time during the performance of the Construction Work, Design/Builder or any of its Subcontractors is not properly registered with the DIR (including, without limitation, if the registration expires or the DIR revokes the registration), such failure of registration shall constitute a material breach of this Agreement for purposes of Section 5.2 hereof (Public Agency Termination for Cause).
3.5.3. Labor Laws. Design/Builder and each of its Subcontractors shall, at no additional cost to Public Agency, comply with all applicable provisions of the California Labor Code and the regulations promulgated thereunder (collectively, the “Labor Laws”), including, without limitation, any applicable Labor Laws requiring the payment of prevailing wages in connection with the Construction Work, submission of payroll records for inspection, posting of required notices at the Project Site, and cooperation with the DIR.
(a) Prevailing Wages and Penalties for Violations. Without limiting the generality of Section
3.5.3, wages paid by Design/Builder and each of its Subcontractors in connection with the Construction Work shall be in accordance with the general prevailing rates of per diem wages determined by the DIR pursuant to Section 1770 of the California Labor Code. Wage rates shall conform to those on file at Public Agency's principal office and posted at the Project Site.
In the event that Design/Builder or any of its Subcontractors fails to pay the prevailing wages determined by the DIR: (1) Design/Builder shall, as a penalty to Public Agency in accordance with Section 1775 of the Labor Code, forfeit not more than $200 and, subject to limited exceptions, not less than certain amounts specified by law, per calendar day, or portion thereof, for each worker paid less than the prevailing wage rate; and (2) Design/Builder and/or Design/Builder’s Subcontractors (as applicable) shall pay to each worker, for each calendar day or portion thereof for which the worker was paid less than the applicable prevailing wage rate, the difference between such stipulated prevailing wage rate and the amount paid to the worker.
(b) Payroll Records and Penalties for Violations. Without limiting the generality of Section
3.5.3, Design/Builder and each of Design/Builder’s Subcontractors must comply with all applicable provisions of Labor Code Section 1776, which relates to preparing and maintaining accurate payroll records, and making such payroll records available for review and copying
Form Last Updated: August 2021 10 Design and Construction Agreement by Public Agency, the DIR's Division of Labor Standards Enforcement, and the DIR's Division of Apprenticeship Standards ("DAS"). The payroll records must be certified, maintained at Design/Builder’s and its Subcontractors’ principal offices (as applicable), and made available as required by Labor Code Section 1776. Design/Builder and each of its Subcontractors must inform Public Agency of the location at which the payroll records are located, including the street address, city and county, and must, within five working days, provide a notice of any change of location and address. In the event that Design/Builder or any of its Subcontractors fails to timely comply with a request for certified payroll records, Design/Builder shall, as a penalty to Public Agency, forfeit $100 per worker for each calendar day or portion thereof until strict compliance is effectuated.
(c) Other CA Labor Laws. Without limiting the generality of Section 3.5.3, Design/Builder and each of its Subcontractors shall comply with the each of the following provisions of the California Labor Code, as applicable:
i. Section 1735 (Anti-Discrimination Requirements);
ii. Sections 1777.5, 1777.6 and 1777.7 (Apprenticeship Requirements); iii. Sections 1810 through 1812 (Working Hour Restrictions); iv. Sections 1813 and 1814 (Penalty for Failure to Pay Overtime); and v. Section 1815 (Overtime Pay).
(d) No Disqualification. Design/Builder represents and warrants that neither it, nor any of its Subcontractors, has been debarred by the California Labor Commissioner pursuant to Section 1777.1 of the California Labor Code or otherwise.
(e) Failure to Comply. Any failure of Design/Builder or its Subcontractors to comply with applicable Labor Laws shall constitute a material breach of this Agreement for purposes of Section 5.2 hereof (Public Agency Termination for Cause). In addition, Public Agency may withhold payment to Design/Builder as necessary to satisfy any civil wage or other penalty assessment issued by the California Labor Commissioner.
3.5.4. Criminal-History Background Checks. If Public Agency is a school district and Design/Builder’s (and/or its Subcontractors’) employees may come into contact with pupils in the process of performing the Project, then Design/Builder and each of its Subcontractors that will have personnel at or on any Public Agency property shall comply with the requirements of Education Code Section 45125.1. For such purposes, Design/Builder, at Its sole cost and expense, and without additional compensation from Public Agency, shall comply with all California Department of Justice guidelines and requirements with respect to fingerprinting of Design/Builder's and any Subcontractors’ officers, employees, agents, or other representatives who will or might be present on or at any of the Public Agency’s Facilities.
Section 3.6. Reliance on Public Agency Information. In performing the Work, Design/Builder shall be entitled to rely on the accuracy and completeness of any and all information provided to Design/Builder by Public Agency, including without limitation the information required to be provided pursuant to Section 1.6 of this Agreement, except where it would be unreasonable to do so.
Section 3.7. Design/Builder’s Warranties and Disclaimers. Design/Builder warrants to Public Agency that, for a period of one (1) year from the applicable Date of Substantial Completion of Work covered by a Letter of Substantial Completion (the “Warranty Period”), the materials and equipment manufactured by Design/Builder will be of good quality and new unless the Contract Documents require or permit otherwise, and further warrants that the such Work will conform to the requirements of the Contract Documents and will
Form Last Updated: August 2021 11 Design and Construction Agreement be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective.
Design/Builder’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by or on behalf of Design/Builder, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. Design/Builder shall repair or replace defective material or equipment and re-perform Work to correct any defect within the applicable Warranty Period. In the event warranty Work by the Design/Builder is necessary, the Design/Builder shall provide an additional one-year warranty on the corrected Work only from the date the corrected Work is completed or the end of the initial warranty period, whichever is later. Design/Builder does not warrant products not manufactured by Design/Builder, but it will pass on to Public Agency any manufacturer’s warranty to the extent permitted. THE FOREGOING
WARRANTIES AND ANY/ALL REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES
AND REMEDIES, WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING ALL WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE).
ARTICLE 4
CHANGES
Section 4.1. Change Orders. Public Agency may at any time request any change in the Scope of Design Work and/or the Scope of Construction Work. In response to any such request, Design/Builder shall provide to Public Agency a written proposal that describes in reasonable detail: (i) the change; (ii) the impact of the change on the time required for performance of Design/Builder's obligations; (iii) the impact of the change on the compensation to be paid by Public Agency to Design/Builder; and (iv) the impact of the change on any efficiency or energy savings guarantees (if applicable pursuant to Section 2.5 hereof). No such change proposal shall be valid or binding on the Parties unless, and except to the extent, incorporated into a Change Order. Change Order process shall be consistent and comply with the Public Agency policies about signing authority.
Section 4.2. Materials and Equipment Procurement. In the event a significant delay in acquiring materials or equipment or a significant increase in the price of materials or equipment occurs during the performance of the Contract by no fault of Design/Builder, the Project Fee and/or the Completion Date, as appropriate shall be equitably adjusted by Change Order. A change in the price of an item of material or equipment will be considered significant when the price of an item increases by five percent (5)% between the Project Proposal Date and the date on which such item is due to be purchased and/or installed in accordance with the Schedule of Values or the Construction Schedule.
Section 4.3. Unforeseen Conditions. “Unforeseen Site Conditions” shall mean and include any subsurface, concealed or latent conditions, including without limitation the presence of hazardous materials, that differ materially from those conditions (i) actually known by Design/Builder, (ii) accurately reflected in available existing data, (iii) expected based on the results of Design/Builder’s Site Investigation, and/or (iv) that would have been identified, discovered and/or confirmed by the exercise of reasonable due diligence in Design/Builder’s Site Investigation. In the event Design/Builder encounters Unforeseen Site Conditions at the Project Site or that otherwise impact the Project, Design/Builder shall notify Public Agency of such conditions promptly and before such conditions are further disturbed, but in no event later than three (3) business days after observing such conditions. To the extent Design/Builder incurs additional costs or delays as a result of Unforeseen Site Conditions, the Parties shall execute a Change Order reflecting an equitable adjustment to the Project Fee and/or the Completion Date, as appropriate.
ARTICLE 5
SUSPENSION AND TERMINATION
Form Last Updated: August 2021 12 Design and Construction Agreement Section 5.1. Termination for Convenience by Customer. Customer may terminate this Agreement for convenience as set forth in Section 1.4.1 at the time of receipt of the Project Proposal. In addition, the Customer, may also, through the Public Agency Council, terminate for convenience, in whole or in part, the Work under the Agreement and any Construction Amendment hereto at any time, or from time to time, upon thirty (30) days written notice to Design/Builder. Such notice shall specify the extent to which the performance of work is terminated and the effective date of such termination. Upon receipt of such notice, Design/Builder shall:
5.1.1. Immediately discontinue work on the date and to the extent specified in the notice and place no further orders or subcontracts for materials, services, or facilities, other than as may be required for completion of such portion of Work that is not terminated;
5.1.2. Promptly obtain cancellation of all purchase orders, subcontracts, rentals or any other contracts existing for the performance of the terminated work or assign those contracts to Customer as directed;
5.1.3. Assist Customer in the maintenance, protection, and disposition of work in progress, plant, tools, equipment, property, and materials acquired by Design/Builder or furnished by Design/Builder under this Agreement; and
5.1.4. Complete performance of any portion of the Work which is not terminated.
5.1.5. Upon any such termination, Customer shall pay Design/Builder substantiated costs incurred prior to the effective date of termination including,
(a) All amounts due and not previously paid to Design/Builder for work completed in accordance with the Agreement prior to such notice of termination, and for work thereafter completed as specified in such notice, up to but not exceeding the contract value for the work using the progress schedule, schedule of values and other project controls as applicable; (b) Reasonable administrative costs of settling and paying claims arising out of the termination of work under subcontracts or purchase orders.
(c) Reasonable costs incurred in demobilization and the disposition of residual material, plant and equipment; and
(d) There shall be no claim or right to lost profits on unperformed work under any theory or any circumstances. Except for the amounts allowed under items (a) through (d) above, there shall be no other right or claim for loss, cost, damage, expense or liability. These limits apply to a termination for convenience and also to any termination for default subsequently determined wrongful and therefore treated as a termination for convenience. No compensation will be paid to the Design/Builder for unabsorbed or under absorbed overhead, nor shall the Design/Builder be paid for loss of anticipated profits in any form.
Section 5.2. Termination for Cause by Public Agency. If Design/Builder repeatedly or materially breaches this Agreement, Public Agency has provided written notice to Design/Builder detailing the alleged breach, and within thirty (30) days of Design/Builder’s receipt of such written notice Design/Builder has neither cured the alleged breach nor diligently commenced to cure such breach, Public Agency may terminate this Agreement effective immediately upon the receipt of written notice by Design/Builder. Nothing in this Agreement shall be deemed or construed as a waiver by Design/Builder of any rights it may have with respect to a wrongful suspension or termination by Public Agency.
Section 5.3. Suspension or Termination for Cause by Design/Builder. If Public Agency repeatedly fails to make any undisputed payment(s) to Design/Builder as required in this Agreement or repeatedly or materially fails, refuses or neglects to fulfill any of its other obligations or responsibilities under this Agreement or the Contract Documents, Design/Builder may, after delivery of written notice and providing Public Agency thirty (30) days to cure such failure, refusal or neglect, suspend the Project or terminate this Agreement. If Design/Builder suspends the Project pursuant to this Section, the Project schedule and any anticipated completion dates shall be adjusted accordingly. If Design/Builder terminates the Agreement pursuant to this
Form Last Updated: August 2021 13 Design and Construction Agreement Section, Design/Builder shall be entitled to recover payment from Public Agency in accordance with Section
5.4 below. Nothing in this Agreement shall be deemed or construed as a waiver by Public Agency of any rights it may have with respect to a wrongful suspension or termination by Design/Builder.
Section 5.4. Compensation to Design/Builder Upon Termination. In the event of any termination other than a termination pursuant to Section 1.4.1 or a termination for cause by Public Agency pursuant to Section
5.2, Public Agency shall compensate Design/Builder: (i) for such portion of the Project as has been completed prior to the effective date of termination; (ii) for services in progress by Design/Builder and any of its Subcontractors at such time, including any overhead and/or anticipated profit attributable to such Work in progress, and (iii) for any costs and damages incurred by reason of the termination, including any proven loss with respect to subcontracts, materials, equipment, tools and machinery. In the event of a termination pursuant to Section 1.4.1, Public Agency shall pay the Design Fee to Design/Builder on the date of such termination.
Section 5.5. Design/Builder to Provide Copies of Project Documents. Not later than sixty days following the effective date of a termination pursuant to this Article 5, Design/Builder shall provide to Public Agency copies of all Project Documents (defined in Section 9.4).
Section 5.6. Effect of Termination. Termination of this Agreement and/or any of the Contract Documents shall release Design/Builder of all remaining obligations under the Agreement and the Contract Documents as of the effective date of termination, including, without limitation, any efficiency or energy savings guarantees (if applicable pursuant to Section 2.5 hereof).
Section 5.7. Survival of Obligations. The Parties' respective rights and obligations pursuant to this Article 5, Article 7 (subject to Section 7.9), and Article 8 shall survive termination of this Agreement.
ARTICLE 6
INSURANCE
Section 6.1. Required Insurance. Design/Builder shall, at its sole cost and expense, maintain in effect the following policies of insurance for the applicable period(s) set forth in Section 6.2:
(i) Commercial General Liability Insurance. A policy of commercial general liability insurance, written on an “occurrence” basis, with a limit of not less than five million dollars ($5,000,000) per occurrence, and ten million ($10,000,000) aggregate (“General Liability Policy”). The General Liability Policy insurance coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Section, including required endorsements.
(ii) Automobile Liability Insurance. A policy of automobile liability insurance, written on an “occurrence” basis, with a combined single limit of not less than two million dollars ($2,000,000) per accident for bodily injury and property damage (“Auto Liability Policy”). The Auto Liability Policy must include coverage for owned, hired and non-owned automobiles. (iii) Workers' Compensation and Employer’s Liability Insurance. Workers' compensation insurance as required by California law, and employer's liability insurance, written on an “occurrence” basis, with a limit of not less than five million dollars ($5,000,000). (iv) Professional Liability Insurance. Professional liability insurance, written on a claims made (and reported) basis, with a limit of not less than two million dollars ($2,000,000) per claim (“Professional Liability Policy”).
Form Last Updated: August 2021 14 Design and Construction Agreement (v) Builder’s Risk Insurance: Design/Builder shall procure and maintain a Builder’s Risk Insurance Policy in relation to the Project as further described in the Construction Amendment, that shall be effective when the Customer issues a notice to proceed for any construction phase services for the Project and/or any Phase(s) thereof, which shall: (i) be written on a full replacement cost, “all risk” form, subject to customary sublimit and commercial availability (except that any insurer must be a California Admitted Insurer) (ii) cover the entire Work, including all equipment, materials, machinery, supplies, structures and other items intended to become a permanent part of the Project, and (iii) be maintained until Final Completion. The Additional Insured, defined in Section 6.4 herein, shall be included as additional insureds under the Builder’s Risk Insurance policy. This Builder’s Risk Insurance Policy shall include the interests of Public Agency, Design/Builder, subcontractors, subsubcontractors, vendors, and suppliers in the Work, naming each as loss payees.
Section 6.2. Duration of Insurance. The insurance required pursuant to this Article 6 shall be procured by Design/Builder prior to Design/Builder’s commencement of the Project and shall be maintained in effect by Design/Builder at least until the date that is one year following the earlier of the termination of this Agreement or the Date of Substantial Completion of the Project. Notwithstanding the foregoing, Design/Builder shall maintain the Professional Liability Policy in effect at least until the date that is three years following the earlier of the termination of this Agreement or the Date of Substantial Completion of the Project.
Section 6.3. Insurer Rating Standards. The insurance policies required pursuant to this Article 6 must be issued by one or more insurers that are (i) licensed to do business in the State of California and (ii) each such insurer must have an A.M. Best’s financial strength rating of “A-” or better and a financial size rating of “VIII” or better.
Section 6.4. Required Endorsements.
(1) The Public Agency, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be included as an additional insured under Design/Builder’s commercial general liability insurance for liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of this Agreement. The additional insured endorsement must be provided using ISO form CG 20 10 12 19 or equivalent form(s) approved by the Public Agency. Design/Builder shall include the Additional Insured as additional insureds under Design/Builder’s automobile liability and Builder’s Risk insurance policies.
(2) The Commercial General Liability and Automobile Liability insurance policies provided by Design/Builder will be primary and no insurance held or owned by any Additional Insured may be called upon to contribute to a loss.
Section 6.5. Waiver of Subrogation. Each of the General Liability Policy and the Auto Liability Policy shall provide a waiver of transfer of rights of recovery in favor of Public Agency.
Section 6.6. Design/Builder Insurance is Primary. The General Liability Policy and the Auto Liability Policy must be endorsed to provide that they are primary and non-contributory.
Form Last Updated: August 2021 15 Design and Construction Agreement Section 6.7. Premiums, Deductibles and Self-Insured Retentions. Design/Builder shall be solely responsible for paying any and all deductibles and self-insured retentions applicable to any of the insurance policies that Design/Builder is required to have in effect pursuant to this Article 6.
Section 6.8. Evidence of Coverage. No later than ten (10) days following approval by City Council of this Agreement, Design/Builder must provide to Public Agency duly authorized and executed certificates of insurance evidencing that the insurance policies required to be maintained by Design/Builder pursuant to this Article 6 are in effect (each a “Certificate of Insurance”). As applicable, the Certificates of Insurance must identify those who are additional insureds in accordance with this Article 6. Not less than thirty days prior to the expiration of any insurance policy that Design/Builder is required to maintain pursuant to this Article 6, Design/Builder must provide an updated Certificate of Insurance to Public Agency evidencing the renewal of such policy.
Section 6.9. Notice of Change in Policies. Design/Builder shall notify Public Agency within thirty (30) days of its receipt of written notice from an applicable insurer that a policy required hereunder will expire without renewal or will be canceled, terminated, or materially reduced in coverage.
Section 6.10. Review of Coverage. Public Agency’s failure to identify any non-compliance by Design/Builder with the requirements of this Article 6 shall not be deemed or construed to relieve Design/Builder from any of its obligations hereunder.
Section 6.11. Subcontractor Insurance. Design/Builder shall require that each of its Subcontractors comply with substantially the same requirements as are set forth in this Article 6 for Design/Builder, except to the extent Public Agency has approved any different standards or requirements applicable to any particular Subcontractor.
ARTICLE 7
INDEMNIFICATION AND LIABILITY
Section 7.1. Indemnification of Public Agency. To the fullest extent permitted by law, Design/Builder must indemnify, defend, and hold harmless Public Agency, its Council, officers, officials, employees, agents, volunteers, and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs, and expenses (including, without limitation, reasonable attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation) (collectively, “Liability”) of every nature arising out of or in connection with the negligent acts or omissions of Design/Builder, its employees, Subcontractors, representatives, or agents, on the Project or in failing to comply with any obligation of Design/Builder under the Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. Design/Builder’s failure or refusal to timely accept a tender of defense pursuant to this Agreement will be deemed a material breach of the Agreement. Public Agency will timely notify Design/Builder upon receipt of any third-party claim relating to the Agreement, as required by Public Contract Code § 9201. Design/Builder waives any right to express or implied indemnity against any Indemnitee. Design/Builder’s indemnity obligations under this Agreement will survive the expiration or any early termination of the Agreement.
Section 7.2. Defense of Public Agency. Design/Builder shall control the defense and handling of any claims for which Design/Builder is required to indemnify Public Agency and/or Public Agency Agents pursuant to Section 7.1, at Design/Builder’s sole cost and expense, using qualified and appropriately experienced legal counsel selected and retained by Design/Builder. Design/Builder’s obligations under Section 7.1 shall not apply to any claim that is settled or otherwise resolved by Public Agency and/or any Public Agency Agent without Design/Builder’s prior written consent.
Form Last Updated: August 2021 16 Design and Construction Agreement Section 7.3. Limitation on Design/Builder Obligations. Design/Builder shall not be obligated to indemnify or hold harmless Public Agency or any Public Agency Agent pursuant to this Article 7 for that portion of any claim, demand, action, judgment, damage, loss, cost or expense resulting from the negligence or misconduct of an Indemnitee. Design/Builder shall be reimbursed for any costs and expenses incurred in the defense or handling of any claim to the extent such claim is determined by a court of competent jurisdiction to be attributable to the negligence or misconduct of Public Agency or any Public Agency Agent.
Section 7.4. Applicability of Civil Code Section 2782.8. To the extent Design/Builder or any Subcontractor will provide “design professional services” in connection with this Agreement, this Article 7 shall be interpreted consistent with, and shall be limited by, California Civil Code Section 2782.8 as in effect on the Effective Date, and any obligation to indemnify Public Agency and/or Public Agency Agents shall apply only to the extent arising from the negligence, recklessness, or willful misconduct of Design/Builder or any of the Design/Builder Agents.
Section 7.5. Notice; Cooperation. Public Agency and Public Agency Agents shall promptly provide written notice to Design/Builder of any claims, demands, actions, judgments, damages, losses, costs and/or expenses for which Design/Builder may be responsible pursuant to this Article 7. Public Agency and Public Agency Agents shall fully cooperate with Design/Builder, at Design/Builder’s cost and expense, to the extent reasonably necessary or appropriate in connection with the performance of Design/Builder’s obligations pursuant to this Article 7.
Section 7.6. Insurance Not a Limitation. The obligations of Design/Builder pursuant to this Article 7 shall not be deemed or construed to be conditioned upon, limited by or expanded by the existence of any insurance coverage maintained by a Party or other person or entity.
Section 7.7. Subcontractor Indemnity. Design/Builder shall require each of its Subcontractors to comply with the requirements of this Article 7 related to indemnifying, holding harmless, and defending Public Agency, except to the extent Public Agency agrees in writing to apply a different set of standards or requirements to a particular Subcontractor.
Section 7.8. Survival of Obligations. With respect to acts, omissions or incidents occurring prior to completion of the Project and/or termination of this Agreement, the Parties' respective rights and obligations pursuant to this Article 7 shall survive completion of the Project and/or termination of this Agreement for the applicable statute of limitations.
Section 7.9. Waiver of Consequential Damages. In no event shall either party or its officers, directors, affiliates, or employees be liable for any form of indirect, special, consequential, or punitive damages, whether such damages arise in contract or tort, and irrespective of fault, negligence or strict liability or whether such party has been advised in advance of the possibility of such damages.
7.9.1. The waiver of consequential damages limitations set forth in Section 7.9 above is not intended to affect the payment of liquidated damages (including reverse liquidated damages), which both Parties recognize has been established, in part, to reimburse Public Agency for some damages that might otherwise be deemed consequential. In addition, this waiver would not limit the Parties defense and third party indemnification obligations, fines, penalties and other charges assessed by applicable governmental authorities.
Form Last Updated: August 2021 17 Design and Construction Agreement ARTICLE 8
DISPUTE RESOLUTION
Section 8.1. Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Agreement or performance of the Work.
8.1.1. Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between Design/Builder and Public Agency.
8.1.2. Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount and applies in addition to the provisions of Public Contract Code § 9204 and § 20104 et seq., which are incorporated by reference herein.
8.1.3. No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, Design/Builder must perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute.
8.1.4. Informal Resolution. Design/Builder will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of Design/Builder and Public Agency.
8.1.5. Claims Submission. The following requirements apply to any Claim subject to this Article:
(a) Substantiation. The Claim must be submitted to Public Agency in writing, and include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of Public Agency’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs.
Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts.
(b) Claim Format and Content. A Claim must be submitted in the following format:
(1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 8 and specifying the requested remedy (e.g., amount of proposed change to Project Fee and/or time extension).
(2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of Public Agency's rejection of that demand, in whole or in part.
(3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, separately number and identify each individual issue or Claim, and include the following for each separate issue or
Form Last Updated: August 2021 18 Design and Construction Agreement Claim:
a. A succinct statement of the matter in dispute, including Design/Builder’s position and the basis for that position;
b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, (see subsection (8.1.6(a), Substantiation, above);
c. A chronology of relevant events; and
d. Analysis and basis for claimed changes to Project Fee, time extension, or any other remedy requested.
(4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount (including time) of the requested change is not yet known, Design/Builder must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts.
(5) Include the following certification, executed by Design/Builder’s authorized representative:
“The undersigned Design/Builder certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. Design/Builder warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived.”
8.1.6. Submission Deadlines.
(a) A Claim disputing rejection of a request for a change in the time or Project Fee must be submitted within 30 days following the date that Public Agency notified Design/Builder in writing that a request for a change has been rejected in whole or in part. A Claim disputing the terms of a Change Order must be submitted within 30 days following the date of issuance of the Change Order. These Claim deadlines apply even if Design/Builder cannot yet quantify the total amount of any requested change time or Project Fee. If the Design/Builder cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by Design/Builder. (b) With the exception of any dispute regarding the amount of final payment, any Claim known by Design/Builder prior to final payment must be filed on or before the date of final payment or will be deemed waived.
(c) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Design/Builder.
8.1.7. Public Agency’s Response. Public Agency will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of Public Agency and Design/Builder or as otherwise allowed under Public Contract Code § 9204. However, if Public Agency determines that the
Form Last Updated: August 2021 19 Design and Construction Agreement Claim is not adequately substantiated pursuant to Section 8.1.5(a), Substantiation, Public Agency may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that Public Agency may have against the Claim.
(a) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of Public Agency and Design/Builder. If Design/Builder’s Claim is based on estimated amounts, Design/Builder has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim.
(b) Non-Waiver. Any failure by Public Agency to respond within the times specified above will not be construed as acceptance of the Claim, in whole or in part, or as a waiver of any provision of these Contract Documents.
8.1.8. Meet and Confer. If Design/Builder disputes Public Agency’s written response, or Public Agency fails to respond within the specified time, within 20 days of receipt of Public Agency’s response or within 20 days of Public Agency’s failure to respond within the applicable 45-day time period under Section 8.1.7, respectively, Design/Builder may notify Public Agency of the dispute in writing and demand an informal conference to meet and confer for settlement of the issues in dispute. If Design/Builder fails to notify Design/Builder of the dispute and demand an informal conference to meet and confer in writing within the specified time, Design/Builder’s Claim will be deemed waived.
(a) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, Public Agency will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (b) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near Public Agency’s principal office.
(c) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, Public Agency will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any.
(d) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the Public Agency issues the written statement identifying any portion(s) of the Claim remaining in dispute, the Design/Builder may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below.
8.1.9. Mediation and Government Code Claims.
(a) Mediation. Within ten working days after the Public Agency issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, Public Agency and Design/Builder will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the
Form Last Updated: August 2021 20 Design and Construction Agreement costs of the mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own costs to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants. (b) Government Code Claims.
(i) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Agreement. Compliance with the Claim submission requirements in this Article 8 is a condition precedent to filing a Government Code Claim.
(ii) The time for filing a Government Code Claim will be tolled from the time Design/Builder submits its written Claim pursuant to Section 8.1.5, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation.
8.1.10. Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims.
8.1.11. Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any arbitration to resolve a dispute relating to this Agreement, the arbitrator’s award must be supported by law and substantial evidence.
8.1.12. Burden of Proof and Limitations. Design/Builder bears the burden of proving entitlement to and the amount of any claimed damages. Design/Builder is not entitled to damages calculated on a total cost basis, but must prove actual damages. Design/Builder is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Work site; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; or any other indirect loss arising from the Agreement. The Public Agency will not be directly liable to any Subcontractor or supplier.
8.1.13. Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the Public Agency’s remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the Public Agency reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work.
8.1.14. Other Disputes. The procedures in this Article 8 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Agreement, including disputes regarding suspension or early termination of the Agreement, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by Public Agency.
Nothing in this Article is intended to delay suspension or termination under Article 5.
Form Last Updated: August 2021 21 Design and Construction Agreement ARTICLE 9
MISCELLANEOUS
Section 9.1. Relationship of the Parties. Design/Builder is, for any and all purposes of or related to this Agreement, an independent contractor to Public Agency. In no event shall Design/Builder or any of its Subcontractors, or any officer, employee or agent of either, be deemed or construed to be an officer, employee or agent of Public Agency on account of this Agreement. Nothing herein shall be deemed to establish a relationship of principal and agent between Design/Builder and Public Agency, or any of their respective agents or employees, and neither this Agreement nor any of the Contract Documents may be construed as creating any form of legal association or arrangement that would impose liability upon one Party for the act or failure to act of the other Party.
Section 9.2. Taxes. The Project Fee shall be deemed and construed to include compensation to Design/Builder for any and all duties, sale, use, excise or other similar taxes required by federal, state or local laws in effect as of the Effective Date or promulgated thereafter and payable in connection with the Project.
Any unforeseen changes in tariffs or other duties or charges occurring after the Effective Date that has an impact on the cost of the Project are subject to Section 9.6.
Section 9.3. Project Records. Design/Builder shall keep and maintain all such books and records as are necessary for proper administration and performance of the Agreement and/or as are required by law and/or this Agreement to be maintained (to the extent exclusively related to the performance of the Agreement, “Project Records”), including, but not limited to, plans and specifications, Change Orders, submittals, cutsheets, projected energy-savings calculations, requests for information, written notices, permits, testing and inspection reports, and safety records. Pursuant to Government Code Section 8546.7, the California State Auditor has the right, for a period of three years after final payment is made under this Agreement, to examine and audit this Agreement at the request of Public Agency or as part of any audit of Public Agency. To the extent required by Government Code Section 8546.7 during such three-year period, Design/Builder shall allow the California State Auditor and Public Agency to examine and/or audit this Agreement and the relevant Project Records at Design/Builder’s offices during normal business hours and upon reasonable advanced notice.
Section 9.4. Ownership and Use of Documents. Any and all conceptual, preliminary, working, and final documents (both originals and reproductions), presentations, computations, analyses, and other documents, in whatever format or storage medium, that have been obtained or prepared for Public Agency by Design/Builder pursuant to this Agreement and that have been paid for by Public Agency in accordance with this Agreement (each a “Project Document”) shall be deemed and construed to be and remain the property of Public Agency. Assuming Public Agency has paid in full for the Project Documents, Public Agency shall have the unconditional right to use the Project Documents, for their intended purposes and, at Public Agency's sole discretion, for any other purpose, with no additional compensation due to Design/Builder. Except as expressly agreed in writing, Public Agency shall not be required to employ Design/Builder in connection with any future use of the Project Documents. However, notwithstanding anything to the contrary, Public Agency acknowledges and agrees that the Project Documents are prepared with the expectation and intent that the Project is to be performed and completed by or on behalf Design/Builder; in the event Public Agency terminates this Agreement pursuant to Section 1.4.1, Public Agency acknowledges and agrees that the Project Documents are not intended to be, and shall not be, relied upon by Public Agency or any third party in performing or completing any aspect of the Project. Public Agency shall indemnify and hold Design/Builder harmless for any liabilities caused by Public Agency’s use of the Project Documents other than in connection with Design/Builder’s completion of the Project.
Section 9.5. Intellectual Property Rights. Nothing in this Agreement shall be deemed or construed to result in Public Agency acquiring any interest or rights in any intellectual property owned, possessed or developed by Design/Builder or any third parties (“Design/Builder Intellectual Property”), including without
Form Last Updated: August 2021 22 Design and Construction Agreement limitation any Design/Builder Intellectual Property in or underlying the Project Documents. However, Design/Builder hereby grants Public Agency a perpetual, paid-up, worldwide license to make use of Design/Builder Intellectual Property to the extent that such Design/Builder Intellectual Property is necessary for the proper use, operation and/or maintenance of the Project Documents and/or any other products, services or deliverables provided by Design/Builder pursuant to this Agreement. Design/Builder shall indemnify, defend and hold harmless Public Agency and Public Agency Agents for any infringement of third-party intellectual property rights caused by Design/Builder or any of its Subcontractors in connection with this Agreement.
Section 9.6. Force Majeure. Notwithstanding anything to the contrary, Design/Builder shall not be held responsible (whether by actual or liquidated damages, termination for default, or otherwise) for any delay or non-performance that is caused by circumstances beyond Design/Builder’s reasonable control (such as, for example, acts of God or the public enemy, acts of Governmental Authorities, fires, floods, epidemics and/or pandemics, quarantine restrictions, strikes, unusually severe weather, unusually severe shortages in the available supply of materials or equipment needed for performance of the Work, Unforeseen Site Conditions, and delays of common carriers). In the event that Design/Builder’s performance hereunder is impacted by such force majeure circumstances, then upon Design/Builder’s reasonable request (with appropriate supporting documentation), the Parties shall execute a Change Order reflecting such equitable changes to this Agreement as may be necessary or appropriate under the circumstances.
Section 9.7. Export Control. The products, software, services, information, other deliverables and/or the technologies embedded therein (hereinafter referred to as “Deliverables”) provided by Design/Builder under this Agreement contain or may contain components and/or technologies from the United States of America (“US”), the European Union (“EU”) and/or other nations. Public Agency acknowledges and agrees that the assignment and/or usage of Deliverables under this Agreement shall fully comply with applicable US, EU and other national and international export control laws and/or regulations. Unless any applicable export licenses have been obtained from the relevant authority and the Design/Builder has approved, the Deliverables shall not (i) be exported and/or re-exported to any destination or party (including without limitation to any individual, group and/or legal entity) restricted by the applicable export control laws and/or regulations; or (ii) be used for those purposes and fields restricted by the applicable export control laws and/or regulations. Public Agency also agrees that the Deliverables will not be used either directly or indirectly in any rocket systems, unmanned air vehicles, and/or nuclear weapons delivery systems, nor will they be used in any design, development, production or use for any weapons (which may include, without limitation, chemical, biological or nuclear weapons). If any necessary or advisable licenses, authorizations or approvals are not obtained, whether arising from inaction by any relevant government authority or otherwise, or if any such licenses, authorizations or approvals are denied or revoked, or if the applicable export control laws and/or regulations would prohibit Design/Builder from fulfilling any order, or would in Design/Builder’s judgment otherwise expose Design/Builder to a risk of liability under the applicable export control laws and/or regulations if it fulfilled the order, Design/Builder shall be excused from all obligations under such order and/or this Agreement.
Section 9.8. Ethics and Compliance with Laws. Each Party shall comply in all respects with all Applicable Law governing the duties, obligations, and business practices of that Party. Neither Party shall take any action in violation of any Applicable Law that could result in liability being imposed on the other Party. In the event Public Agency has concerns related to ethics, compliance or Design/Builder’s Principles of Responsibility, and/or any potential violations of these policies, Public Agency is welcome to make use of Design/Builder’s GreenLine. The GreenLine is Design/Builder’s global helpline for external stakeholders. It is a confidential channel through which Public Agencies can ask questions and raise concerns. Reports can be made using the following link: https://secure.ethicspoint.eu/domain/media/en/gui/104677/index.html
Form Last Updated: August 2021 23 Design and Construction Agreement Section 9.9. Cybersecurity Not in Scope. Design/Builder’s scope does not include the implementation and/or maintenance of a security program to protect Public Agency’s networks, systems, data, or other assets (including the deliverables provided under this Agreement) against security threats after Substantial Completion. However, the Design/Builder is responsible for ensuring that all deliverables are adequately protected from cybersecurity threats prior to delivery, including taking reasonable steps to safeguard the deliverables from cybersecurity vulnerabilities. Design/Builder shall not be responsible for any losses or damages that may result from Public Agency’s failure to maintain its own security program in accordance with industry standards or to promptly follow Design/Builder’s guidance with respect to the deliverables (i.e., by installing recommended updates or patches), whether provided via Design/Builder’s security notification webpage at https://www.se.com/ww/en/work/support/cybersecurity/security-notifications.jsp or otherwise.
Section 9.10. Notices.
9.10.1. General Requirements. Any and all demands and notices required or permitted to be given pursuant to this Agreement (each a “Notice”) must be in writing and must be given or served in accordance with this Section 9.10.
9.10.2. Methods of Delivery. Each Notice must be sent via: (i) personal delivery, with the name and signature of the recipient obtained upon delivery; (ii) registered or certified United States mail, with postage prepaid and return receipt requested; (iii) FedEx, U.P.S. or other reliable, private delivery service, with the name and signature of the recipient obtained upon delivery; or (iv) electronic mail, with the reference line indicating that it is a “Notice Pursuant to Agreement for Turnkey Design and Construction Services”, with confirmation of transmission from the sender's machine or device retained in the sender's files (a copy of which shall be provided to the recipient upon request), and with the original Notice deposited for delivery pursuant to clauses (ii) or (iii) above within 12 hours after electronic transmission. Neither Party may unreasonably refuse to accept delivery of any Notice in an attempt to avoid the giving or service of the Notice, and any such refusal by a Party shall be deemed and construed as a material breach of such Party's obligations pursuant to this Agreement.
9.10.3. Effect of Receipt. A Notice shall be deemed given or served only upon actual receipt by the addressee. In the case of electronic mail, “actual receipt” must be confirmed by a “Read Receipt” or other confirmation of receipt by the recipient. Notwithstanding the foregoing, if any Notice (including, without limitation, any Notice sent by electronic mail) is delivered after 4:00 p.m. on any weekday, on a weekend (Saturday or Sunday), on any federal or State of California holiday, or on any Public Agency furlough day mandated by the State of California or the Governing Body, the Notice shall be deemed to have been given or served as of 9:00a.m. on the next business day.
9.10.4. Applicability of Notice Requirements. The requirements of this Section 9.10 shall not be deemed or construed to apply to: (i) communications between Public Agency and/or Design/Builder necessary for day-to-day administration of this Agreement or performance of the Project; or (ii) service of process in accordance with any Applicable Law or court rule.
Form Last Updated: August 2021 24 Design and Construction Agreement
9.10.5. Contact Information; Changes. Notice must be addressed and delivered to a Party at the address set forth below, with attention to such Party’s representative named below. A Party must give Notice, in accordance with this Section 9.10, of each change in such Party's address, person to whom attention should be directed, or e-mail address. If any such information applicable to a Party changes and such Party does not give Notice of such change, any subsequent Notices addressed and delivered based on such Party's prior contact information shall be deemed and construed to have been properly given or served in accordance with this Section 9.10, regardless of whether “actual receipt” has occurred.
Public Agency:
Public Works/Operations
2201 Elkins Way
Brentwood, CA 94513-7344
Attention: Casey Wichert, Director of Public Works
Design/Builder:
Schneider Electric Buildings Americas Inc.
1650 West Crosby Rd
Carrollton, TX 75006
Attention: Tammy Fulop
Section 9.11. Governing Law. This Agreement shall be governed by and interpreted in accordance with California law, regardless of any conflict-of-laws provisions applicable in California or any other jurisdiction.
Section 9.12. Interpretation of Agreement.
9.12.1. Fair and Reasonable Interpretations. Prior to execution and delivery of this Agreement, each Party has received, or had unqualified opportunities to receive, independent legal advice from its legal counsel with respect to the advisability of executing this Agreement and the meaning of the provisions herein. Therefore, the provisions of this Agreement shall be construed based on their fair and reasonable meaning, and not for or against any Party based on whether such Party or its legal counsel was primarily responsible for drafting this Agreement or any particular provision herein.
9.12.2. Headings and Captions. The headings and captions set forth in this Agreement are for the convenience of the reader only and shall not be deemed or construed to establish, define or limit the meaning of any Article, Section or other provision herein.
9.12.3. Applicable Law Deemed Included. Each and every provision required by any Applicable Law to be included in this Agreement is hereby deemed to be so included, and this Agreement shall be construed and enforced as if all such provisions are so included. If, for any reason, any provision required by any Applicable Law is not expressly included herein, or is not correctly included herein, then, upon request of either Public Agency or Design/Builder, the Parties shall amend this Agreement to include or incorporate, or to correctly include or incorporate, such provision.
Section 9.13. Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable as written, such provision shall be construed consistent with and to the fullest extent permitted under Applicable Law, and any such determination shall not affect or impair the validity, legality and enforceability of the remaining provisions.
Form Last Updated: August 2021 25 Design and Construction Agreement Section 9.14. Entire Agreement. This Agreement, together with the Contract Documents, constitutes the entire understanding and agreement between the Parties pertaining to the performance by Design/Builder of the services required by this Agreement, and all prior and contemporaneous agreements, representations and understandings of the Parties relating to such subject matter, whether oral or written, are hereby superseded and replaced.
Section 9.15. Modifications of Agreement. This Agreement may be amended or otherwise modified only by means of a written instrument duly approved, signed, and delivered by both Parties.
Section 9.16. Waiver. A waiver by a Party of any provision of this Agreement shall be binding only if the waiver is set forth in writing and has been duly approved and signed by the waiving Party. Unless so specified in the written waiver, a waiver by a Party of any provision of this Agreement shall not constitute a waiver of any other provision(s) herein, similar or not, and shall not be construed as a continuing waiver. Except as waived in accordance with this Section, a Party’s failure to require performance of any requirement of this Agreement shall not, in any manner, affect the Party's right to enforce the same or any other provision of this Agreement at a later time.
Section 9.17. Successors and Assigns. Neither Party may assign this Agreement without the express written consent of the other Party, and any attempt to do so shall be null and void. Subject to the foregoing, this Agreement shall inure to the benefit of, and be binding on, the Parties' authorized successors and assigns.
Section 9.18. Third-Party Beneficiaries. The Parties have entered into this Agreement solely for their own purposes, and this Agreement shall not be deemed or construed to: (i) benefit any third party; (ii) create any right for any third party; or (iii) except as provided by law, provide a basis for any claim, demand, action or other proceeding by any third party.
Section 9.19. Agreement is Public Record. Subject to any legally permissible exceptions, this Agreement is a public record which Public Agency may disclose in accordance with California law.
Section 9.20. Execution of Agreement.
9.20.1. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, taken together, shall constitute one and the same instrument. Signature pages may be detached from counterpart originals and combined to physically form one or more copies of this Agreement having original signatures of both Parties.
9.20.2. Due Authority of Signatories. Each person signing this Agreement represents and warrants that he or she has been duly authorized by appropriate action of the Party he or she represents to execute, and thereby bind such Party to, this Agreement. If Design/Builder is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. Alternatively, Design/Builder must provide a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.
Form Last Updated: August 2021 26 Design and Construction Agreement
9.20.4. Digital/Electronic Signatures. Using a Customer-approved method, this Agreement 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 Agreement will be construed as the Parties’ consent to do business electronically.
In Witness Whereof, the Parties have executed this Agreement as evidenced by the signatures of their authorized representatives below.
City of Brentwood Schneider Electric Buildings Americas, Inc.
By: By:
Tim Y. Ogden, City Manager
Date Signed: Print Name:
Print Title:
Date Signed:
Fed. Tax ID No:
Attest:
By: _______________________________
Amanda McVey, City Clerk
Date Signed: _______________________
Approved as to form:
By: _______________________________
Katherine Wisinski, City Attorney
Date Signed: _______________________
Schneider Electric Buildings Americas, Inc.
Second Signature (See Section 9.20.2):
By: _______________________________
Print Name: _________________________________
Print Title: ____________________________
Date Signed: ____________________________
Exhibits to Design and Construction Agreement
Exhibit A
Scope of Work - Design Phase of the Project
1. Responsibilities
Public Agency Will:
A. Provide Design/Builder with all such access, knowledge and history as may be relevant to Design/Builder’s analysis and/or design, including, without limitation:
(i) access to Public Agency’s Facilities, systems and equipment, including remote network access, as necessary or appropriate to facilitate Design/Builder’s analysis and design (i.e. enabling Design/Builder to take equipment inventory, determine operating schedules, evaluate known operational deficiencies, perform an energy efficiency analysis, measure actual energy use, etc.);
(ii) access to key personnel to discuss operating requirements, maintenance practices, school bus routes/operations and other information relevant to Design/Builder’s analysis; (iii) information relating to any and all known or suspected deficiencies, defects and malfunctions of or affecting the Facilities, systems, equipment and components thereof; (iv) information relating to any site conditions that should be considered in planning and executing the construction services;
(v) twenty-six (26) months of electric, gas, and water data, including utility billings on meters for all premises owned by Public Agency; and
(vi) access to copies or loans of such documentation as may be relevant to Design/Builder’s analysis, including, as applicable and without limitation, Facility plans, equipment lists, and/or other utility invoices.
B. Meet with Design/Builder to establish Project criteria and make Project decisions in a timely manner.
C. Promptly inform Design/Builder if at any point Public Agency becomes aware of any portions of scope that will not be included or funding that will not be available for final Project implementation.
Design/Builder Will:
A. Prepare grant applications, including the General Information Package, Technical Package and Financial Packages.
B. Conduct a Project programming meeting with various internal and external stakeholders, Facility walk-through(s) and personnel interview(s) to gain an understanding of Facility operations, concerns, needs, and desired performance criteria.
C. Work with Public Agency to refine performance requirements, financial criteria, and Project scope.
D. Provide Public Agency an energy, revenue, and cost savings analysis demonstrating the ROI effect of project finances and operations.
E. Provide Public Agency a Net Present Value lifecycle financial analysis cash flow.
F. If applicable, provide an energy analysis report sufficient to demonstrate that the anticipated cost to Public Agency of the recommended project developed will be less than the anticipated marginal cost to Public Agency of thermal, electrical, or other energy that would have been consumed by Public Agency in the absence of the Project in accordance with Government Code section 4217.10 et seq.
G. Provide Public Agency with a Project Proposal setting forth the following:
(i) Proposed Scope of Construction Work
(ii) Proposed Preliminary Construction Schedule
(iii) Proposed lump-sum Construction Fee
Exhibits to Design and Construction Agreement
2. Phases of Design
The Design Scope of Work shall consist of two phases: Conceptual Development (Up to Mid-Term Design Meeting) and Design Development (up to Design Completion Meeting).
A. Conceptual Development (Project Scoping/Grant Finalization) i. At the Mid-term meeting, Design/Builder shall demonstrate for Public Agency whether recommended improvement measures are viable and whether financial benefits (including grants) can be derived by their implementation in an amount sufficient to cover costs associated with the Project.
ii. Scope of work includes a description of the Energy Conservation Measures (ECM), Energy Generation Measures (EGM) and/or Facility Improvement Measures (FIM), a clear understanding of grant criteria and estimated probability of securing grants, calculation of energy and operational savings, and preliminary costs for the construction of the scope.
B. Design Development (Design Completion)
(i) At the Design Completion Meeting, Design/Builder shall provide Public Agency with a Project Proposal setting forth:
A proposed final Scope of Construction Work (detailing any included ECMs, EGMs and/or FIMs);
A proposed Preliminary Construction Schedule;
The proposed Project Fee.
3. Facilities Included
The Design Services will be performed in Public Agency’s following facilities. Any additional facilities to be added in the future must be by mutual agreement between Public Agency and Design/Builder:
Facilities
City of Brentwood Public Works – Municipal Services Center 2201 Elkins Way
Brentwood, CA 94513
Exhibits to Design and Construction Agreement
Exhibit B
Preliminary Schedule – Design Phase of the Project
Following is the preliminary schedule for the Design Phase. A firm development schedule will be developed and presented for acceptance by Public Agency once Design/Builder has discussed development requirements and timing with Public Agency.
Item Tentative Schedule
Public Agency approves selection of Design/Builder and to move forward with Project at regularly scheduled Council Meeting. 2/11/2025 Public Agency signs Agreement for Turnkey Design and Construction Energy Services authorizing Design/Builder to proceed with design services 2/11/2025 Design/Builder and Public Agency conduct a Kick-Off Meeting 3/4/2025 Assumed Date of BAAQMD Grant Finalization 1/30/2025
Mid-term Meeting (Preliminary scope of Work, budgetary costs, budgetary savings, grant summary and probability review and other financing options) April 2025
Design Completion Meeting August 2025
Public Agency and Design/Builder complete negotiations of construction services scope and pricing and iron out all details for the Council package.
TBD
Public Agency posts public notice 2 weeks prior to Council Meeting of approving going forward with the Construction Phase
TBD
Public Agency approves resolution authorizing Construction Amendment at regularly scheduled City Council meeting.
TBD
Construction Amendment is executed and serves as NTP allowing Design/Builder to proceed with the Construction Work.
TBD
A construction kick-off meeting is held to prepare for the Construction Phase. TBD
Exhibits to Design and Construction Agreement
EXHIBIT C
Design Fee
Design Fee:
The “Design Fee” payable to Design/Builder in consideration for Design/Builder performance of the design phase of the Project shall be as follows:
Conceptual Development phase (Project Scoping/Grant Finalization): $20,000 Design Development phase (Design Completion): $158,000
Total Design Fee: $178,000
CITY COUNCIL AGENDA ITEM NO. G.1
02/11/2025
SUBJECT: A zoning text amendment (RZ 24-009) to various sections of the Brentwood Municipal Code, including amending Section
17.030.030 (Definitions), repealing Section 17.100.005
(Accessory Dwelling Units), adding Chapter 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units)
DEPARTMENT: Community Development
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
TITLE/RECOMMENDATION
Adopt an ordinance approving a zoning text amendment (RZ 24-009) to various sections of the Brentwood Municipal Code for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), in compliance with State planning law.
Adoption of the ordinance, which would modify the City’s existing regulatory requirements to be consistent with Article 2, Chapter 13, Division 1, Title 7 of the California Government Code and Article 3 Chapter 13 Division 1 Title 7 of the California Government Code, is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 21080.17 of the Public Resources Code and Section 15282 of the CEQA Guidelines. In addition, amendments to conform to Section 65852.27 of the California Government Code are exempt under the “common sense” exemption, found at CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that adoption of the amendments will have a significant effect on the environment, in that ADUs permitted under the ordinance incorporating these statutory sections will be permitted by state statute regardless of the adoption of the local ordinance.
FISCAL IMPACT
There is no fiscal impact associated with adoption of this ordinance, other than the staff time spent preparing it, along with assistance from outside legal counsel.
CITY COUNCIL AGENDA ITEM NO. G.1
02/11/2025
BACKGROUND
The City Council adopted the 2023-2031 Housing Element on February 13, 2024.
One action included in the adopted and certified Housing Element is Action H.1b (Accessory Dwelling Units). This action includes the objective to amend the ADU ordinance to comply with State law. Adoption of the proposed ordinance complies with this objective.
Currently, Section 17.100.005 of the Brentwood Municipal Code (BMC) regulates the development of ADUs and JADUs. The California Government Code restricts the scope of regulations and approval process that local jurisdictions may impose on ADUs and JADUs. The State ADU law is frequently amended by the legislature, with the most recent applicable amendments including the following: AB 1332 (2023), AB 976 (2023), SB 1211 (2024), AB 2533 (2024), and SB 477 (2024). The revisions proposed by the ordinance also reflect the guidance provided in the California Department of Housing and Community Development's (HCD) January 2025 Accessory Dwelling Unit Handbook. Staff identified the changes that need to be incorporated into the BMC, and they are included in the draft ordinance.
The Planning Commission held a public hearing on December 3, 2024, to consider the draft ordinance. The City received a written comment from California Housing Defense Fund (CalHDF) on November 27, 2024 regarding the parking requirements and foundation requirements for ADUs in the draft ordinance. CalHDF stated that requiring permanent foundations is an impermissible standard for ADUs since it is not discussed in Government Code Section 66314. City staff disagrees that permanent foundations cannot be required for ADUs; Government Code Section 66314(b) grants local agencies the authority to impose objective standards on ADUs. However, City staff removed the requirement that ADUs be developed on permanent foundation from the draft ordinance with the recognition that the ADUs will have to meet applicable requirements under the building code.
CalHDF presented two concerns with regards to parking requirements. The first concern was that the following language could be read as prohibiting more than one parking space per ADU: "Required parking shall not exceed one parking space per ADU." City staff believes it is clear that "required parking" refers to the amount of parking the City can require, not the amount of parking that a developer can voluntarily provide.
Finally, CalHDF highlighted that parking cannot be required for state exempt ADUs.
CalHDF's interpretation of this parking requirement is consistent with the 2025 HCD
CITY COUNCIL AGENDA ITEM NO. G.1
02/11/2025
Accessory Dwelling Units Guidelines, thus City staff revised the ordinance to remove the requirement that “state exempt ADUs” provide a parking space.
The Planning Commission expressed significant concerns about the draft ordinance, and in particular how it would continue to decrease local control, even if the law of the land. Ultimately, the Planning Commission unanimously adopted a motion to decline making a recommendation that the City Council adopt the ordinance consistent with State law.
PROJECT DESCRIPTION
State law mandates that local agencies consider and approve without discretionary review or hearing (“ministerially approve”) ADUs and JADUs that meet specified objective standards. The City currently has an ordinance that regulates the development of ADUs and JADUs; however, the City must amend it in order to comply with the most recent version of the State law.
Summary of Relevant Statutory Provisions and Substantive Revisions
1. The amendments update definitions to clarify that ADUs can be developed by converting space in a primary or accessory structure. The definitions have also been updated to include "livable space" (SB 1211). The term livable space is used to define what space in a multi-family dwelling can be converted to ADUs.
A definition of "state exempt ADU" has been added to address ADUs that are exempt from certain development and design standards (§ 17.030.030 Definitions; § 17.715.030.). The amendments further clarify that state exempt ADUs do not have to comply with the local development or design standards (§ 17.715.050(C), (F)).
2. The ordinance will repeal the existing accessory dwelling unit ordinance (§
17.100.005) that exists in the Residential Zones and add a chapter to Supplemental Regulations (Chapter 17.715). This change is proposed because housing is also permitted in some Commercial Zones and Planned Development Zones and thus accessory dwelling units are not limited to Residential Zones. Notably, the proposed amendment removes existing references to ADUs or secondary units from various PD zones and replaces those references with a widely-applicable requirement in the Planned Development Zones General Regulations (§ 17.450.003 Permitted uses).
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3. The proposed amendments update references to the State statute. SB 477 (2024) renumbered the ADU and JADU statutes from Government Code sections 65852.2 and 65852.22 to Government Code sections 66310, et seq.
4. State law only allows for the ministerial review of qualifying ADU and JADU permit applications. The proposed ordinance amendment will streamline the ADU/JADU approval process by removing the "ADU permit" requirement such that ADUs and JADUs will be reviewed solely through the building permit process (§ 17.715.040(A)).
5. As of January 1, 2025, the City is required to have a pre-approved ADU program that allows applicants to submit a plan for pre-approval. Those plans and the contact information are posted on the City's website. AB 1332 (2023) requires jurisdictions to review ADU applications within 30 days if the applicant is using pre-approved plans (§ 17.715.040(B)). Without pre-approved plans, the review period for an ADU application is 60 days.
6. HCD interprets the State law to allow multiple categories of State exempt ADUs on one property:
For a property with a proposed or existing single-family dwelling, this would allow for one detached State exempt ADU, one conversion State exempt ADU, and one JADU.
For a property with an existing multi-family dwelling, this would allow the number of ADUs equivalent to 25% of units in the existing multi-family dwelling and up to either (a) eight detached ADUs, or (b) the number of existing units in the existing multi-family dwelling, whichever is less. For a property with a proposed multi-family dwelling, this would allow up to two detached ADUs.
The proposed amendment incorporates HCD's interpretation of the number of State exempt ADUs allowed on a property, as well as the revisions required under SB 1211 (2024), which increases the number of detached ADUs allowed on a lot with an existing multi-family dwelling from two to up to eight, provided the number of ADUs does not exceed the number of existing units in the existing multi-family dwelling.
7. AB 2533 (2024) requires jurisdictions to permit unpermitted ADUs and JADUs even if those units violate building standards and/or State and local standards applicable to ADUs or JADUs, as applicable. In order to deny a permit for an existing unpermitted ADU or JADU, the City would have to make a finding that correcting the identified violation is necessary to comply with California Health and Safety Code section 17920.3 (§§ 17.715.050(C), (G)(3)). The City's existing ordinance has an amnesty permitting program for unpermitted ADUs
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and JADUs. This amendment changes the scope of unpermitted ADUs/JADUs that may qualify for this amnesty permitting process to include ADUs/JADUs constructed prior to January 1, 2020. Previously, only unpermitted ADUs/JADUs in existence at the time of the ordinance adoption qualified for the amnesty permitting process. The amendment also removes the requirement that the ADU/JADU comply with the ADU ordinance, as required by State law.
8. Government Code § 66331 requires local agencies, upon request by the owner, to delay the enforcement of a building standard for ADUs built prior to January 1, 2020 or built when the City had a noncompliant ADU ordinance unless the Chief Building Official or designee makes findings that correcting a building standard violation is necessary to comply with the standards provided in Health and Safety Code Section 17920.3. This language was incorporated into the ordinance section discussing the building and fire code requirements for ADUs/JADUs (§ 17.715.050(G)(5)).
9. HCD interprets the statute to prohibit local jurisdictions from requiring a deed restriction as a requirement for approving an ADU since it is not explicitly required in the statute. Thus, the proposed amendment will only include the required deed restrictions that the statute allows jurisdictions to impose on JADUs (§ 17.715.050(I)).
10.AB 976 (2023) makes permanent the prohibition on owner occupancy requirements for ADUs. Thus, the proposed amendment removes owner occupancy requirements for ADUs that were set to go into effect January 1, 2025. The ordinance will retain the owner occupancy requirement for JADUs (§ 17.715.050(L)).
11.Under the existing ordinance, when a parking structure is converted or destroyed in the construction of an ADU, the lost parking is not required to be replaced. The proposed amendment will expand the type of parking that will not have to be replaced to include covered parking and uncovered parking (§
17.715.050(M)(2)(d)).
12.The proposed ordinance incorporates HCD interpretation of the statute, which prohibits local jurisdictions from requiring parking for State exempt ADUs.
ANALYSIS
General Plan/Zoning Ordinance Consistency
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Pursuant to Government Code Section 65852.2(a)(1)(C), the draft ordinance is consistent with the City’s General Plan and Zoning Ordinance, as it does not exceed the allowable densities for each designation and ADUs are a residential use.
Conformance with the Housing Element
The draft ordinance is in conformance with the City’s certified 6th Cycle Housing Element Update, which establishes support of and accommodation for ADUs and JADUs as a priority during the 2023-2031 planning period. The Housing Element sets goals and priorities of community housing needs based on the Regional Housing Needs Assessment (RHNA). Below is an excerpt from the Housing Element (page 4- 3) related to one of the implementing actions adopted by the City Council:
Action H.1b: Accessory Dwelling Units
The City is projecting 14 ADUs per year throughout the planning period – this is based on development trends since 2019 and does not exceed the total average. The City shall support and accommodate the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) during the 2023-2031 planning period to meet projection figures detailed in Appendix B of this Housing Element.
Objectives:
Amend the ADU ordinance to comply with State law.
Implement a permit-ready ADU program (pre-approved ADU plans that do not require additional review).
Post a user-friendly FAQ on the City’s website to assist the public and advertise ADU resources across online social media platforms. Create an expedited plan check review process.
Research potential State and Regional funding sources for affordable ADUs and make information publicly available.
Timing: Amend the ADU ordinance by January 2025; Implement remaining objectives by January 2026; review ADU development annually; make program changes, if necessary, within six months
Responsible Agency: Community Development Department
Funding Source: General Fund
Staff drafted the proposed ordinance largely to comply with the implementing action referenced above. The proposed ordinance will also help meet the goals of improving the existing housing supply, facilitating the development of ADUs and JADUs as an alternative housing type, and imposing only those governmental constraints on the
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development of new housing as permitted by State law. ADUs and JADUs tend to be utilized by a range of individuals and income levels, including seniors, single parents, small families, and young individuals, and making their construction and use more accessible will provide additional citywide housing options for all segments of the community.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
PREVIOUS ACTION
Previous Action by the Planning Commission and City Council is included on Attachment 1.
DATE OF NOTICE
The City published a notice of public hearing in the Brentwood Press on January 3, 2025. On January 28, 2025, the City Council continued this item to a date certain of February 11, 2028.
ENVIRONMENTAL DETERMINATION
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code, Section 15282 of the CEQA Guidelines, and Section 15061(b)(3) of the CEQA Guidelines.
ALTERNATIVE OPTION
Alternative option to staff’s recommendation:
1. Do not adopt the ordinance. State law is, however, in effect regardless of the City’s adoption of the ordinance and thus the City would be required to permit ADUs and JADUs that meet the standards provided by state law. Without an updated ordinance, the City cannot apply local standards (e.g., height requirements and underlying zoning requirements that do not conflict with the statute) to ADUs that are not "state exempt." (Note: local standards are generally not applicable to state exempt ADUs).
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ATTACHMENT(S)
1. Previous Actions
2. Draft Ordinance
3. Exhibit A to Draft Ordinance
4. Excerpt from ADU Ordinance – New Chapter 17.715
ATTACHMENT 1
PREVIOUS ACTIONS
Previous actions related to this agenda item that were taken by the Planning Commission and City Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On October 7, 2003, the Planning Commission adopted Resolution No. 03-77, recommending the City Council approve a rezone (RZ 03-13) to amend the Secondary Dwelling Unit ordinance to establish criteria in compliance with recently enacted State legislation.
On January 13, 2004, the City Council adopted Ordinance No. 769, to amend the Secondary Dwelling Unit ordinance to establish criteria in compliance with recently enacted State legislation.
On May 2, 2017, the Planning Commission adopted Resolution No.17-024, recommending that the City Council approve a rezone (RZ 17-03) to amend the Accessory Dwelling Unit ordinance to establish criteria in compliance with recently enacted State legislation.
On June 13, 2017, the City Council adopted Ordinance No. 991, to amend the Accessory Dwelling Unit ordinance to establish criteria in compliance with recently enacted State legislation.
On December 1, 2020, the Planning Commission adopted Resolution No. 20-044, recommending that the City Council approve a rezone (RZ 20-006) to amend sections 17.030.030, 17.100.005, and 17.620.007 of the Brentwood Municipal Code, updating the development regulations pertaining to accessory dwelling units, consistent with recent changes in State law.
On January 26, 2021, the City Council adopted Ordinance No. 1021, approving RZ 20-006.
On December 6, 2022, the Planning Commission adopted Resolution No. 22-029, recommending that the City Council adopt an Ordinance approving a Zoning Text Amendment (RZ 22-001), which would repeal and replace Section 17.100.005 of the Brentwood Municipal Code with a new Section 17.100.005 governing Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).
On January 24, 2023, the City Council adopted Ordinance No. 1052, approving RZ 22-001.
On December 3, 2024, the Planning Commission held a public hearing to consider the draft ordinance. The Planning Commission unanimously adopted a motion to decline making a recommendation that the City Council adopt the ordinance.
On January 28, 2025, the City Council was scheduled to consider a public hearing on the draft ordinance but continued it to February 11, 2025.
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING A ZONING TEXT AMENDMENT (RZ 24-
009) TO VARIOUS SECTIONS OF THE BRENTWOOD MUNICIPAL
CODE, INCLUDING AMENDING SECTION 17.030.030
(DEFINITIONS), REPEALING SECTION 17.100.005 (ACCESSORY
DWELLING UNITS), ADDING CHAPTER 17.715 (ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS),
AND AMENDING ARTICLE VIII (PLANNED DEVELOPMENT
ZONING REGULATIONS) IN COMPLIANCE WITH STATE
PLANNING LAW AND TO IMPLEMENT ARTICLE 2, CHAPTER 13,
DIVISION 1, TITLE 7 OF THE GOVERNMENT CODE AND SECTION
65852.21 OF THE GOVERNMENT CODE
WHEREAS, the California Legislature requires cities to permit accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) in compliance with Article 2, Chapter 13, Division 1, Title 7 of the California Government Code; and WHEREAS, the California Legislature authorizes cities to adopt and administer an ordinance to regulate ADUs and JADUs in compliance with Chapter 13 Division 1 Title 7 of the California Government Code; and
WHEREAS, the California Legislature has recently approved, and the Governor has signed into law, various bills amending sections of Article 2, Chapter 13, Division 1, Title 7 of the California Government Code to reduce barriers, streamline approval processes, and increase development and availability of ADUs and JADUs; and WHEREAS, the City of Brentwood, California (the “City”) is committed to updating the Brentwood Municipal Code (BMC) so that it is consistent with State law; and
WHEREAS, the City Council adopted the 2023-2031 Housing Element on February 13, 2024 which includes the objective to amend the ADU ordinance to comply with State law and the adoption of the proposed ordinance complies with this objective; and
WHEREAS, staff has prepared a proposed ordinance modifying various sections of the Brentwood Municipal Code, including amending section 17.030.030 (Definitions), repealing section 17.100.005 (Accessory Dwelling Units), adding chapter 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units), and amending Article VIII (Planned Development Zoning Regulations) (collectively, “the proposed ordinance”) for this purpose; and
WHEREAS, the proposed ordinance amendment is part of a larger-scale goal relating to broad, quality of life issues in the city, including such things as the opportunities to provide affordable housing to meet General Plan housing objectives and to protect property values and the integrity of neighborhoods; and
2 WHEREAS, the ordinance would amend Title 17 (Zoning) of the BMC, and the Planning Commission is charged with reviewing amendments to said title prior to their consideration by the City Council; and
WHEREAS, the Planning Commission held a duly and properly noticed public hearing on December 3, 2024 to consider the draft ordinance. While no public comments were provided, the Planning Commission expressed significant concerns about the draft ordinance, and in particular how it would continue to decrease local control. Ultimately, the Planning Commission unanimously adopted a motion to decline making a recommendation that the City Council adopt the ordinance; and WHEREAS, the City published a notice of public hearing in the Brentwood Press on January 3, 2025, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on January 28, 2025, the City Council was scheduled to hold a public hearing on this ordinance, but on that night continued the public hearing to February 11, 2025; and
WHEREAS, this amendment is exempt from the California Environmental Quality Act ("CEQA") because it is for the purpose of conforming to Article 2, Chapter 13, Division 1, Title 7 and Article 3 Chapter 13 Division 1 Title 7 of the California Government Code, which is statutorily exempt from CEQA under Public Resources Code Section 21080.17. In addition, amendments to conform to Section 65852.27 of the California Government Code are exempt under the common sense exemption, found at CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that adoption of the amendments will have a significant effect on the environment, in that ADUs and JADUs permitted under the ordinance incorporating these statutory sections will be permitted by state statute regardless of the adoption of the local ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are incorporated into this Ordinance as though fully set forth herein.
SECTION 2. CEQA. This amendment is exempt from the California Environmental Quality Act ("CEQA") because it is for the purpose of conforming to Article 2, Chapter 13, Division 1, Title 7 and Article 3 Chapter 13 Division 1 Title 7 of the California Government Code, which is statutorily exempt from CEQA under Public Resources Code Section 21080.17. In addition, amendments to conform to Section 65852.27 of the California Government Code are exempt under the common sense exemption, found at CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that adoption of the amendments will have a significant effect on the environment, in that ADUs and JADUs permitted under the
3 ordinance incorporating these statutory sections will be permitted by state statute regardless of the adoption of the local ordinance.
SECTION 3. ZONING TEXT AMENDMENT. Brentwood Municipal Code Section 17.870.008 provides:
“No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the planning commission and council shall consider the consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.”
The City Council finds that the proposed amendment to the Zoning Ordinance is consistent with the General Plan, which is the City’s community development plan, and will comply with State requirements. In particular, the proposed amendment implements General Plan Land Use Policy LU 2-8 (‘Provide for a variety of residential products through the Zoning Ordinance in order to accommodate the housing needs of all segments of the city’s population’) in that it will allow for the development of housing accessible to all segments of Brentwood’s population. The amendment also implements Action H.1b:
Accessory Dwelling Units from the General Plan’s Housing Element, which requires (among other things) an ordinance addressing accessory dwelling units that is compliant with State law by January 2025.
Moreover, the amendment will not impede the City’s ability to meet its General Plan goals, and the amendment is necessary to carry out the purposes of the Brentwood Municipal Code, including the orderly planned use of land resources.
Finally, the amendment is neither inappropriate nor otherwise contrary to the public interest, as it serves the vital public interest in facilitating housing development and implements State requirements governing this matter.
SECTION 4. Amendment. Section 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units) is hereby repealed. In addition, Title 17 of the Brentwood Municipal Code is hereby amended as shown in Exhibit A to this ordinance (attached hereto and incorporated herein), including amending Section 17.030.030 (Definitions), adding Chapter 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units), and amending Article VIII (Planned Development Zoning Regulations) in compliance with State planning law. Revisions to existing and added sections are reflected in strikethrough for deletions and underline for additions.
SECTION 5. Effective Date; Publication Date. This Ordinance takes effect and shall be in force 30 days following its adoption. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption, or (b) have a summary of this ordinance published twice in a newspaper of general circulation, within 15 days after its adoption.
4 SECTION 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.
SECTION 7. Submittal to HCD. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.
THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 11th day of February, 2025, by the following vote:
1 EXHIBIT A TO
CITY COUNCIL ORDINANCE NO. ____
REZONE NO. 24-009
The following definition in Brentwood Municipal Code Section 17.030.030 (Definitions) is amended as follows:
"Accessory dwelling unit or ADU" means an attached or a detached residential dwelling unit, a detached residential dwelling unit, or a conversion of space to a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code.
Brentwood Municipal Code Chapter 17.715 (Accessory Dwelling Units and Junior Accessory Dwelling Units) is hereby added as follows:
17.715. ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS.
17.715.010.
A. Purpose. The purpose of this section is to allow, encourage, and regulate the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 66310 et seq.; to increase the opportunities to provide affordable housing meeting the City's very low, low, and moderate income housing objectives; and to protect property values and the integrity of neighborhoods by adopting design and development standards for units to ensure that they are compatible.
B. ADUs that satisfy the requirements of this Chapter 17.715 are allowed on a legal lot that is zoned RE, R-1-E, R-1, R-2. R-3, COR, CR, PEC, or a PD zone that allows single-family or multifamily dwelling residential use.
C. One JADU that satisfies the requirements of this Chapter 17.715 is allowed on a legal lot that is zoned RE, R-1-E, R-1, or a PD zone that is a single-family residential zone.
17.715.020. Effect of Conforming.
An ADU or JADU that conforms to the standards in this Chapter will not be:
A. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located;
2 B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located;
C. Considered in the application of any local ordinance, policy, or program to limit residential growth;
D. Required to correct a nonconforming zoning condition, as defined in Section 17.715.030 below.
17.715.030. Definitions.
As used in this section, terms are defined as follows:
"Accessory dwelling unit" or "ADU" means an attached residential dwelling unit, a detached residential dwelling unit, or a conversion of space to a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
"Attached" means a building shares a common wall, in whole or in part, with a single-family dwelling or multifamily dwelling.
"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
"Conversion" means converting space within a proposed or existing single-family dwelling, an existing multifamily dwelling, an existing accessory building that was legally constructed, or in the same location and to the same dimensions as an existing accessory building that was legally constructed in accordance with any applicable building permits for use as an accessory dwelling unit. Where an accessory building is converted to an accessory dwelling unit on a parcel containing a single-family dwelling, conversion includes an increase of up to an additional one hundred fifty square feet to accommodate ingress and egress. "Detached" means a building not structurally part of and not sharing a common wall or any other attachment other than utilities with a single-family dwelling or multifamily dwelling.
"Efficiency kitchen" means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Efficiency unit" has the same meaning as defined in Section
3 17958.1 of the California Health and Safety Code.
"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. It is no more than five hundred square feet in size. b. It is contained entirely within an existing or proposed single-family dwelling. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the singlefamily dwelling. c. It includes an exterior entrance separate from the exterior entrance for the single-family dwelling.
d. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family dwelling. e. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single- family dwelling in addition to an exterior entrance that is separate from the main entrance to the single family dwelling.
f. It includes an efficiency kitchen, as defined above. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory building.
"Nonconforming zoning condition" means a "nonconforming facility" as defined in Section 17.610.003(D) and refers to a physical improvement on a property that conformed with zoning when constructed but does not conform with current zoning standards.
"Primary dwelling" means the proposed or existing single-family dwelling or multifamily dwelling on the lot.
"Proposed dwelling" means a dwelling that is the subject of a building permit application and that meets the requirements for permitting. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
"Setback" as used in this section means the distance between the exterior wall of the ADU, which includes any and all appurtenant features, to the property line.
"State exempt ADU" means an ADU that meets the requirements provided in Section 17.715.050(B) below.
4 "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
17.715.040. Approval Process.
An ADU or JADU application must be considered ministerially, without discretionary review or a hearing. The following approvals apply to ADUs and JADUs under this section:
A. Ministerial Approval. An ADU or JADU application must be considered through the building permit process without discretionary review or a hearing.
B. Process and Timing.
1. The city must approve or deny an ADU application using preapproved ADU plans consistent with Government Code Section 65852.27(b) within thirty days from the date that the city receives the completed application.
2. The city must approve or deny an application to create an ADU or JADU within sixty days from the date that the city receives a completed application.
If the city has not approved or denied the completed application within sixty days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay, or b. The application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot. The city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
3. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty-day time period.
17.715.050. General Requirements.
A. Number of ADUs and JADUs Per Lot.
1. Only one ADU shall be permitted on a lot with proposed or existing singlefamily or multifamily dwellings unless all existing and proposed ADUs on the lot are state exempt ADUs. The maximum number of state exempt ADUs permitted on a lot is as set forth in subsection (B) below.
2. Only one JADU may be permitted on a lot and shall only be permitted on a lot with no more than one existing or proposed single-family dwelling.
B. Any ADU that meets satisfies the requirements of one of the following
5 subsections (B)(1)-(4) is a “state exempt ADUs”. State exempt ADUs shall be ministerially permitted on a lot and are not required to meet the additional development and design standards in the underlying zoning district or in subsection (C), (F), or (M) below, unless otherwise specified:
1. One conversion ADU that:
a. is either within the space of a proposed single-family dwelling, within the existing space of an existing single-family dwelling, or within the existing space of an accessory structure, plus up to one hundred fifty additional square feet of the accessory structure if the expansion is limited to accommodating ingress and egress;
b. has exterior access that is independent of that for the single-family dwelling; and
c. has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
2. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least four feet, and the ADU is set back from the primary dwelling at least four feet. b. Maximum size: The total floor area is eight hundred square feet or smaller.
c. Maximum height: The peak height above grade does not exceed the applicable height limit in subsection (E), below.
3. One or more ADUs within portions of existing multifamily dwelling that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five percent of the existing multifamily dwelling units.
4. Detached ADUs up to the number in subsection (4)(a) or (4)(b) below if the peak height of each ADU above grade does not exceed the applicable height limit in subsection (E) and the side- and rear-yard setbacks are each at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. a. On a lot that has a proposed multifamily dwelling, two detached ADUs.
b. On a lot that has an existing multifamily dwelling, the lesser of eight ADUs or the number of existing units in the multifamily dwelling.
6 C. Development Standards. An ADU shall comply with the requirements of this Section, the underlying zoning district, and other provisions of the Brentwood Municipal Code except:
1. If the requirements of the underlying zoning district or other provisions of the Brentwood Municipal Code are inconsistent with the provisions of this Section Chapter 17.715, the standards of this Chapter shall apply.
2. If limits on lot coverage, front yard setback, floor area ratio, open space, and size preclude the development of an eight hundred square foot detached or attached accessory dwelling unit with four-foot side and rear yard setbacks, and if the proposed accessory dwelling unit complies with all other applicable development standards, the applicable standard must be waived by the city.
3. If the ADU or JADU is existing, constructed without permits, and is seeking a permit pursuant to subsection (G)(3) below.
4. The city may not require as a condition of approval the correction of nonconforming zoning conditions.
D. Access. An ADU shall have a separate exterior entrance and exit from the primary dwelling unit.
E. Height.
1. Except as otherwise provided by subsections (E)(2) and (E)(3) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed sixteen feet in height.
2. A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and in such locations, the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen feet in height.
4. An ADU that is attached to the primary dwelling may not exceed twenty-five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection may not exceed two stories.
5. For purposes of this subsection (E), height is measured above existing legal grade to the peak of the structure.
F. Design. Except for state exempt ADUs, the exterior of the ADU shall be designed
7 so that its roof slope, siding materials, and colors are the same as the primary dwelling. Outdoor lights shall be shielded and directed downward.
G. Building and Fire Code.
1. The ADU and JADU must comply with all applicable building and fire code requirements. (BMC Title 15)
2. An existing ADU or JADU, constructed without permits prior to January 1, 2020, may be legalized unless the Chief Building Official or designee makes findings that correcting a building standard violation is necessary to comply with the standards provided in Health and Safety Code Section 17920.3.
3. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or a city code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
4. Prior to January 1, 2030 when the Chief Building Official provides a notice to correct a violation of any building standard, the Chief Building Official shall include in that notice a statement that the owner of the ADU has a right to request a delay must provide a notice if the ADU that was built prior to January 1, 2020 or built when the City had a noncompliant ADU ordinance.
If the ADU was built when the City had a noncompliant ADU ordinance, this chapter must be compliant with state law at the time the request for delay in enforcement is made.
a. The owner of the ADU may submit a written request to the Chief Building Official requesting that correction of any violation of building standards be delayed for five years.
b. The Chief Building Official will grant the application if the Chief Building Official determines that enforcement of the building standard is not necessary to protect health and safety. c. For purposes of this subsection (e), “building standards” refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code.
H. Building Separation. Except for state exempt ADUs, a new detached ADU shall be no closer than four feet from any other building on the lot.
I. Deed Restriction.
1. Prior to issuance of a building permit for a JADU, the property owner shall record with the County Recorder a deed restriction setting forth the following:
8 a. The single-family and the accompanying ADU(s) or JADU are on a single parcel, and the units cannot be sold separately except as provided in Government Code Section 66340 et seq.
b. The JADU is restricted to the approved size and other attributes allowed by this Chapter.
2. For JADUs only, prior to issuance of a building permit, the deed restriction shall require that either the single-family dwelling or the JADU is the bona fide principal dwelling of the legal owner or owners of the parcel, unless the owner is a governmental agency, land trust, or housing organization.
J. Fees.
1. Impact Fees. Development impact fees for an ADU are as outlined in the city's adopted development fee program, as amended from time to time by city council resolution. Impact fees do not include any connection fee or capacity fee charge for water or sewer service.
a. Impact fees are not required for an ADU that is less than seven hundred fifty square feet in total area or a JADU.
b. Impact fees required for ADUs seven hundred fifty square feet and greater shall be charged proportionately in relation to the square footage of the primary dwelling unit.
2. Utility Fees.
a. Conversion ADUs on parcels zoned for single-family use are not required to have a new or separate utility connection directly between the ADU and the utility. ADUs are not considered new residential uses for the purposes of calculating any connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit is constructed with a new single-family dwelling.
b. Other ADUs may not have water and wastewater utility connections as an extension from the primary dwelling unit, except for: (a) ADUs existing water and wastewater connections; and (b) Contra Costa Health Services approved septic systems. Utility services may be extended from the private utility lateral, between the public utility main and the primary dwelling unit or may be a separate connection to the public utility main. Applicants must follow the application procedures and pay all applicable charges, including any applicable security deposit, application fee, service connection charge, meter charge, service line charge, existing facilities charge, and any other charges as set forth in the city's cost allocation plan, except that any connection fee and capacity charge must be proportional to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) value.
9 c. A JADU is not considered a separate or new dwelling unit for the purposes of providing service for water or sewer. No water or sewer requirements may be applied to single-family dwellings containing a JADU unless they apply uniformly to all single-family dwellings in the zone regardless of whether or not they contain a junior accessory dwelling unit.
K. Fire Sprinklers.
1. Fire sprinklers shall be required in ADUs only where they are also required for the primary dwelling unit.
2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
L. Owner Occupancy. JADUs are subject to an owner occupancy requirement.
The legal owner or owners shall reside in either the remaining portion of the single-family dwelling or the JADU. The owner occupancy restriction shall not be required if the owner is another governmental agency, land trust, or housing organization.
M. Parking.
1. ADUs. Required parking shall not exceed one parking space per ADU.
The parking space may be covered, uncovered, off-site, or as tandem parking on a driveway. The parking space must be in compliance with the city's parking ordinance (Section 17.620.007(A)). The parking space is in addition to the parking requirements for the single-family or multifamily dwelling unit, except as provided in subsection b below.
2. Exceptions. Parking standards shall not be imposed for an ADU that meets one or more of the following criteria:
a. The ADU is located within one-half mile walking distance of public transit.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary dwelling, or an existing accessory building conversion.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle located within one block of the ADU.
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (M)(2)(a)–(e) above.
10 c. JADUs. Parking shall not be required for a JADU.
d. Converted or Destroyed Parking Structure.
i. When a parking structure, uncovered parking, or covered parking is converted or destroyed in the construction of an ADU, the lost parking is not required to be replaced. However, replacement parking is required if parking in an attached garage is converted into a JADU.
ii. If the applicant applies for a demolition permit to demolish a detached garage and a building permit to construct a detached ADU, the demolition permit and building permit for the ADU shall be issued at the same time.
N. Rental Term. No ADU or JADU may be rented for a term of less than thirty days.
This prohibition applies regardless of when the ADU or JADU was created.
O. No Separate Conveyance. An ADU or JADU may be rented in accordance with subsection (N) above, but except as otherwise provided in Government Code Sections 66340-66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
P. Utilities. All new utilities for detached ADUs shall be installed underground.
Q. Solar Panels. Solar panels are required when mandated under the California Energy Code.
Brentwood Municipal Code Section 17.110.002 (Permitted uses) is hereby amended to add the following:
J. ADUs subject to Chapter 17.715;
K. JADUs subject to Chapter 17.715.
Subsection (A) of Brentwood Municipal Code Section 17.110.003 (Conditionally permitted uses) is hereby amended to the following:
A. Secondary housing units subject to Section 17.100.005[Reserved]; Brentwood Municipal Code Section 17.120.002 (Permitted uses) is hereby amended to add the following:
C. ADUs subject to Chapter 17.715;
D. JADUs subject to Chapter 17.715.
Brentwood Municipal Code Section 17.130.002 (Permitted uses) is hereby amended to add the following:
11 C. ADUs subject to Chapter 17.715;
D. JADUs subject to Chapter 17.715.
Brentwood Municipal Code Section 17.140.002 (Permitted uses) is hereby amended to add the following:
K. ADUs subject to Chapter 17.715.
Brentwood Municipal Code Section 17.150.002 (Permitted uses) is hereby amended to add the following:
D. ADUs subject to Chapter 17.715.
Brentwood Municipal Code Section 17.230.002 (Permitted uses) is hereby amended as follows:
The following administrative and professional office uses, are permitted in the COR zone:
A. Those administrative and office uses permitted in the CO (commercial office) zone (Section
17.210.002);
B. Similar uses subject to the approval of the zoning administrator.; C. ADUs subject to Chapter 17.715.
Brentwood Municipal Code Section 17.240.002 (Permitted uses) is hereby amended as follows:
The following commercial and office uses are permitted in the CR zone:
A. Commercial uses or services such as beauty shop, barber shop, shoe repair, laundromat, convenience retail uses such as café, bakery, pastry shop, book store, candy or ice cream store, apparel and accessory store, stationery store, drug store or pharmacy, food store and similar establishments;
B. Business and professional offices such as architects, attorneys, accountants, engineers, insurance agency, real estate and similar professional and general business offices; C. Financial institution;
D. Similar uses subject to the approval of the zoning administrator.; E. ADUs subject to Chapter 17.715.
Brentwood Municipal Code Section 17.450.003 (Permitted uses) is hereby amended to add the following:
A. Any and all compatible uses are permitted within the zoning regulations adopted for the specific planned development zone; provided, however, no use shall be authorized which does not conform to the community development plan of the city of Brentwood and to any applicable specific plan.;
B. Pursuant to Chapter 17.715, ADUs are a permitted use in a PD zone that allow singlePage 176 of 276 12 family or multifamily dwelling residential use. JADUs are a permitted use in a PD zone that is a single-family residential zone.
Subsection (A) of Brentwood Municipal Code Section 17.451.003 (Conditionally permitted uses) is hereby amended to the following:
A. Secondary housing units subject to Section 17.100.005 [Reserved]; Subsection (A)(1)(i) of Brentwood Municipal Code Section 17.463.003 (Permitted uses) is hereby amended to the following:
i. Secondary housing units subject to Section 17.100.005 of this title [Reserved]; Subsection (D)(8) of Brentwood Municipal Code Section 17.466.002 (Permitted uses) is hereby amended to the following:
8. Accessory dwelling units in accordance with Chapter 17.100[Reserved]; Subsection (J)(1)(b)(i) of Brentwood Municipal Code Section 17.467.002 (Garin Ranch Specific Plan) is hereby amended to the following:
i. Accessory dwelling units subject to BMC Section 17.100.005[Reserved].
Subsection (J)(2)(b)(iii) of Brentwood Municipal Code Section 17.467.002 (Garin Ranch Specific Plan) is hereby amended to the following:
iii. Accessory facilities or buildings related to the primary use subject to BMC Chapter
17.660[Reserved].
Subsection (J)(3)(b)(i) of Brentwood Municipal Code Section 17.467.002 (Garin Ranch Specific Plan) is hereby amended to the following:
i. Accessory dwelling units subject to BMC Section 17.100.005[Reserved].
Subsection (J)(4)(b)(i) of Brentwood Municipal Code Section 17.467.002 (Garin Ranch Specific Plan) is hereby amended to the following:
i. Accessory dwelling units on single-family lots subject to BMC Section 17.100.005[Reserved].
Subsection (H) of Brentwood Municipal Code Section 17.474.012 (Permitted Uses for Subarea C) is hereby amended as follows:
H. Accessory dwelling units subject to Section 17.100.005 of this title[Reserved].
Subsection (H) of Brentwood Municipal Code Section 17.474.016 (Permitted uses for Subarea D) is hereby amended as follows:
13 H. Accessory dwelling units subject to Section 17.100.005 of this title[Reserved].
Subsection (H) of the ‘Subarea B’ section of Brentwood Municipal Code Section 17.482.002 (Permitted uses for each subarea) is hereby amended as follows:
H. Secondary housing units in accordance with Chapter 17.100.005[Reserved].
Subsection (A) of Brentwood Municipal Code Section 17.483.003 (Conditionally permitted uses) is hereby amended as follows:
A. Secondary housing units subject to Section 17.100.005 of the Brentwood Municipal Code[Reserved];
Subsection (A) of Brentwood Municipal Code Section 17.488.009 (Conditionally permitted uses within subarea D) is hereby amended as follows:
A. Secondary housing units subject to Section 17.100.005 of the Brentwood Municipal Code[Reserved];
Subsection (A) of Brentwood Municipal Code Section 17.488.015 (Conditionally permitted uses within subarea G) is hereby amended as follows:
A. Secondary housing units subject to Section 17.100.005 of the Brentwood Municipal Code[Reserved];
Brentwood Municipal Code Section 17.496.003 (Conditionally permitted uses for each subarea) is hereby amended as follows:
A. Subarea A.
1. Secondary housing units subject to Section 17.100.005 of this title[Reserved];
2. Conditionally permitted uses are those uses identified in Chapter 17.130 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city.
B. Subarea B.
1. Secondary housing units subject to Section 17.100.005 of this title[Reserved];
2. Conditionally permitted uses are those uses identified in Chapter 17.130 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city.
C. Subarea C.
1. Secondary housing units subject to Section 17.100.005 of this title[Reserved];
2. Conditionally permitted uses are those uses identified in Chapter 17.130 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of
14 a conditional use permit by the city;
3. Nursery, childcare, day care center.
D. Subarea D.
1. Secondary housing units subject to Section 17.100.005 of this title[Reserved];
2. Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city.
E. Subarea E.
1. Secondary housing units subject to Section 17.100.005 of this title[Reserved];
2. Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city.
F. Subarea F.
1. Secondary housing units subject to Section 17.100.005 of this title[Reserved];
2. Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city.
G. Subarea G.
1. Conditionally permitted uses are those uses identified in Section 17.130.003 of the zoning ordinance (the R-1, single-family residential zone), which are subject to the granting of a conditional use permit by the city.
Note 23 following Brentwood Municipal Code Section 17.505.008 (Zoning matrix of land uses by subareas for PD-55) is hereby amended as follows:
23. Keeping of domestic animals or pets subject to BMC Chapter 17.670; accessory dwelling units are allowed in residential areas pursuant to BMC Section 17.100.005[Reserved].
Subsection (A)(1) of Brentwood Municipal Code Section 17.515.003 (Conditionally permitted uses for each subarea) is hereby amended as follows:
1. Secondary housing units subject to Section 17.100.005[Reserved]; Subsection (A)(9) of Brentwood Municipal Code Section 17.517.007 (Permitted and conditionally permitted uses and general development standards for subarea F [medium density residential area]) is hereby amended as follows:
15 9. Secondary housing units in accordance with Chapter 17.100.005 of the Brentwood Municipal Code[Reserved].
Subsection (A)(1) of Brentwood Municipal Code Section 17.518.003 (Conditionally permitted uses for each subarea) is hereby amended as follows:
1. Secondary housing units subject to Section 17.100.005 of the Brentwood Municipal Code[Reserved];
Subsection (A) of Brentwood Municipal Code Section 17.521.003 (Conditionally permitted uses) is hereby amended as follows:
A. Secondary housing units subject to Section 17.100.005[Reserved];
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EXCERPT FROM ADU ORDINANCE
NEW CHAPTER 17.715 IN TRACK CHANGES FORMAT
§ 17.100.00517.715. Accessory dwelling units and junior accessory dwelling units.
17.715.010.
A. Purpose. The purpose of this section is to allow, encourage, and regulate the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.2266310 et seq.; to increase the opportunities to provide affordable housing meeting the City's very low, low, and moderate income housing objectives; and to protect property values and the integrity of neighborhoods by adopting design and development standards for units to ensure that they are compatible.
B. ADUs that satisfy the requirements of this Chapter 17.715 are allowed on a legal lot that is zoned RE, R-1-E, R-1, R-2. R-3, COR, CR, PEC, or a PD zone that allows single-family or multifamily dwelling residential use.
C. One JADU that satisfies the requirements of this Chapter 17.715 is allowed on a legal lot that is zoned RE, R-1-E, R-1, or a PD zone that is a single-family residential zone.
17.715.020. Effect of Conforming. An ADU or JADU that conforms to the standards in this sectionChapter will not be:
A. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located;
B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located;
C. Considered in the application of any local ordinance, policy, or program to limit residential growth;
D. Required to correct a nonconforming zoning condition, as defined in subsection (C)(10)Section 17.715.030 below.
17.715.030. Definitions. As used in this section, terms are defined as follows:
"Accessory dwelling unit" or "ADU" means an attached orresidential dwelling unit, a detached residential dwelling unit, or a conversion of space to a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling.
It shall include permanent provisions for living, sleeping, eating, cooking, and
2 2029\02\3793969.5
sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
"Attached" means a building shares a common wall, in whole or in part, with a single-family dwelling or multifamily dwelling.
"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
"Conversion" means converting space within a proposed or existing single-family dwelling, an existing multifamily dwelling, an existing accessory building that was legally constructed, or in the same location and to the same dimensions as an existing accessory building that was legally constructed in accordance with any applicable building permits for use as an accessory dwelling unit. Where an accessory building is converted to an accessory dwelling unit on a parcel containing a single-family dwelling, conversion includes an increase of up to an additional one hundred fifty square feet to accommodate ingress and egress. "Detached" means a building not structurally part of and not sharing a common wall or any other attachment other than utilities with a single-family dwelling or multifamily dwelling.
"Efficiency kitchen" means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Efficiency unit" has the same meaning as defined in Section 17958.1 of the California Health and Safety Code.
"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. It is no more than five hundred square feet in size. b. It is contained entirely within an existing or proposed single-family structuredwelling. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.dwelling.
c. It includes an exterior entrance separate from the exterior entrance
3 2029\02\3793969.5
for the single-family dwelling.
c.d. c.It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family
structuredwelling.
d.e. d.If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single- family structuredwelling in addition to an exterior entrance that is separate from the main entrance to the primarysingle family dwelling.
e.f. It includes an efficiency kitchen, as defined above. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory building. "Nonconforming zoning condition" means a "nonconforming facility" as defined in Section 17.610.003(D) and refers to a physical improvement on a property that conformed with zoning when constructed but does not conform with current zoning standards.
"Primary dwelling" means the proposed or existing single-family dwelling or the existing multifamily dwelling on the lot.
"Proposed dwelling" means a dwelling that is the subject of a building permit application and that meets the requirements for permitting. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
"Setback" as used in this section means the distance between the exterior wall of the ADU, which includes any and all appurtenant features, to the property line.
"State exempt ADU" means an ADU that meets the requirements provided in Section 17.715.050(B) below.
"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
17.715.040. Approvals.Approval Process. An ADU or JADU application must be considered ministerially, without discretionary review or a hearing. The following approvals apply to ADUs and JADUs under this section:
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Ministerial Approval. An ADU or JADU is subject only to ministerial reviewapplication must be considered through the building permit process if it meets the following conditions:
A. without discretionary review or a hearing.
B. Process and Timing.
1. The city must approve or deny an ADU application using preapproved ADU plans consistent with Government Code Section 65852.27(b) within thirty days from the date that the city receives the completed application.
2. The city must approve or deny an application to create an ADU or JADU within sixty days from the date that the city receives a completed application.
If the city has not approved or denied the completed application within sixty days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay, or b. When anThe application to create an ADU orJADU issubmitted with a permit application to create a new single-family or multifamily dwelling on the lot,. t The city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
3. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty-day time period.
17.715.050. General Requirements.
A. Number of ADUs and JADUs Per Lot.
1. Parcels Permitting Single-Family Dwellings.Only one ADU shall be permitted on a lot with proposed or existing single-family or multifamily dwellings unless all existing and proposed ADUs on the lot are state exempt ADUs. One ADU as described in this The maximum number of state exempt ADUs permitted on a lot is as set forth in subsection (D)(1) andB) below.
2. Only one JADU aremay be permitted on a lot and shall only be permitted on a lot with a proposed orno more than one existing or proposed single-family dwelling. on it, where the ADU or JADU:
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B. Any ADU that meets satisfies the requirements of one of the following subsections (B)(1)-(4) is a “state exempt ADUs”. State exempt ADUs shall be ministerially permitted on a lot and are not required to meet the additional development and design standards in the underlying zoning district or in subsection (C), or (F), or (M) below, unless otherwise specified:
1. One conversion ADU that:
a. Isis either: within the space of a proposed single-family dwelling;, within the existing space of an existing single-family dwelling;, or (in the case of an ADU only) within the existing space of an accessory structure, plus up to one hundred fifty additional square feet of the accessory structure if the expansion is limited to accommodating ingress and egress; and
b. Hashas exterior access that is independent of that for the singlefamily dwelling; and c. Hashasside and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
2. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1) above) if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least four feet, and the ADU is set back from the primary dwelling at least four feet. b. Maximum size: The total floor area is eight hundred square feet or smaller.
c. Maximum height: The peak height above grade does not exceed the applicable height limit in subsection (E)(2), below.
3. Parcels Permitting Multifamily Dwellings. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms,
4.3. passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (D)(1), atAt least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five percent of the existing multifamily dwelling units.
Limited Detached on Multifamily Lot.ADUs up to the number in subsection (4)(a) or (4)(b) below if the peak height of each ADU above grade does not exceed the applicable height limit in subsection (E) and the No more than two
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detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
5.4.i.The side- and rear-yard setbacks are each at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
The maximum size of a detached or attached ADU subject to this subsection (D)(2) is eight hundred fifty square feet for a studio or one- bedroom unit, and one thousand square feet for a unit with two or more bedrooms. a. On a lot that has a proposed multifamily dwelling, two detached ADUs.
a.b.Notwithstanding the foregoing, an attached ADU that is created onOn a lot withthat has an existing primarymultifamily dwelling, is further limited to fifty percent of the floor area of the existing primary dwelling.the lesser of eight ADUs or the number of existing units in the multifamily dwelling.
C. Development Standards. An ADU shall comply with the requirements of this Section, the underlying zoning district, and other provisions of the Brentwood Municipal Code except:
1. If the requirements of the underlying zoning district or other provisions of the Brentwood Municipal Code are inconsistent with the provisions of this Section Chapter 17.715, the standards of this Chapter shall apply.
6.2.Application of other development standards in subsection E below, may further limit the size of the ADU, but no application of the percent-based size limit described above or any front setback, lot coverage limit, or open-space requirement may require the ADU to be less thanIf limits on lot coverage, front yard setback, floor area ratio, open space, and size preclude the development of an eight hundred square feet.foot detached or attached accessory dwelling unit with four-foot side and rear yard setbacks, and if the proposed accessory dwelling unit complies with all other applicable development standards, the applicable standard must be waived by the city.
If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty-day time period established by subsection (D)(3)(b) above.
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3. If the ADU or JADU is existing, constructed without permits, and is seeking a permit pursuant to subsection (G)(3) below.
7.4.General RequirementsThe city may not require as a condition of approval the correction of nonconforming zoning conditions.
B.D.Access. An ADU shall have a separate exterior entrance and exit from the primary dwelling unit.
C.E. Height.
1. Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c3) below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed sixteen feet in height.
2. A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and in such locations, the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen feet in height.
4. An ADU that is attached to the primary dwelling may not exceed twenty-five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection may not exceed two stories.
5. For purposes of this subsection (E)(2), height is measured above existing legal grade to the peak of the structure.
D.F. Design. TheExcept for state exempt ADUs, the exterior of the ADU shall be designed so that its roof slope, siding materials, and colors are the same as the primary dwelling. Outdoor lights shall be shielded and directed downward.
E.G. Building and Fire Code.
1. The ADU and JADU must comply with all applicable building and fire code requirements. (BMC Title 15)
2. The ADU must have a permanent foundation.
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3.2.An existing ADU or JADU, constructed without permits, existing prior to January 1, 2020 or at theany time of adoption of this ordinance, that meets the requirements of this sectionafter January 1, 2020 during which this Chapter 17.715 was not compliant with Government Code Sections 66310 et seq., may be legalized if the property owner modifies the ADU or JADU to address any deficiencies identified through a life safety inspection conducted byunless the Chief Building Official or designee. makes findings that correcting a building standard violation is necessary to comply with the standards provided in An owner may request a delay in enforcement under Government Code Section 65852.2(n) and Health and Safety Code Section 17980.1217920.3. This Section must be compliant with Government Code Sections 66310 et seq. at the time the applicant makes the request.
4.3.No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or a city code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
4. Prior to January 1, 2030 when the Chief Building Official provides a notice to correct a violation of any building standard, the Chief Building Official shall include in that notice a statement that the owner of the ADU has a right to request a delay must provide a notice if the ADU that was built prior to January 1, 2020 or built when the City had a noncompliant ADU ordinance.
If the ADU was built when the City had a noncompliant ADU ordinance, this chapter must be compliant with state law at the time the request for delay in enforcement is made.
a. The owner of the ADU may submit a written request to the Chief Building Official requesting that correction of any violation of building standards be delayed for five years.
b. The Chief Building Official will grant the application if the Chief Building Official determines that enforcement of the building standard is not necessary to protect health and safety. c. For purposes of this subsection (e), “building standards” refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code.
F.H. Building Separation. AExcept for state exempt ADUs, a new detached
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ADU shall be no closer than four feet from any other building on the lot with the exception of subsection (D)(1)(b) of this section.
G.I. Deed Restriction.
1. Prior to issuance of a building permit for an ADU ora JADU, the property owner shall record with the County Recorder a deed restriction setting forth the following:
a. The single-family or multifamily dwelling and the accompanying ADU(s) or JADU are on a single parcel, and the units cannot be sold separately except as provided in Government Code Section 66340 et seq.
b. The ADU(s) or JADU is restricted to the approved size and other attributes allowed by this section.Chapter.
2. For JADUs only, prior to issuance of a building permit, the deed restriction shall require that either the single-family dwelling or the JADU is the bona fide principal dwelling of the legal owner or owners of the parcel, unless the owner is a governmental agency, land trust, or housing organization.
H.J. Fees.
1. Impact Fees. Development impact fees for an ADU are as outlined in the city's adopted development fee program, as amended from time to time by city council resolution. Impact fees do not include any connection fee or capacity fee charge for water or sewer service.
a. Impact fees are not required for an ADU or JADU that is less than seven hundred fifty square feet in total area or a JADU. b. Impact fees required for unitsADUs seven hundred fifty square feet and greater shall be charged proportionately in relation to the square footage of the primary dwelling unit.
2. Utility Fees.
a. Converted ADUs and JADUsConversion ADUs on parcels zoned for single-family use are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a ADUs are not considered new residential uses for the purposes of calculating any connection feefees or capacity charge requiredcharges for utilities, including water and sewer service, unless the ADU or JADUaccessory dwelling unit is constructed concurrently with a new single-family dwelling.
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b. Other ADUs may not have water and wastewater utility connections as an extension from the primary dwelling unit, except for: (a) ADUs existing water and wastewater connections; and (b) Contra Costa Health Services approved septic systems. Utility services may be extended from the private utility lateral, between the public utility main and the primary dwelling unit, or may be a separate connection to the public utility main. Applicants must follow the application procedures and pay all applicable charges, including any applicable security deposit, application fee, service connection charge, meter charge, service line charge, existing facilities charge, and any other charges as set forth in the city's cost allocation plan, except that any connection fee and capacity charge must be proportional to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) value.
c. A JADU is not considered a separate or new dwelling unit for the purposes of providing service for water or sewer. No water or sewer requirements may be applied to single-family dwellings containing a JADU unless they apply uniformly to all single-family dwellings in the zone regardless of whether or not they contain a junior accessory dwelling unit.
I.K. Fire Sprinklers.
1. Fire sprinklers shall be required in ADUs only where they are also required for the primary dwelling unit.
2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
J.L.Owner Occupancy. JADUs are subject to an owner occupancy requirement.
The legal owner or owners shall reside in either the remaining portion of the single-family dwelling, the newly created JADU, or, if applicable, or the ADUJADU. The owner occupancy restriction shall not be required if the owner is another governmental agency, land trust, or housing organization.
K.M. Parking.
1. ADUs. Required parking shall not exceed one parking space per ADU.
The parking space may be covered, uncovered, off-site, or as tandem parking on a driveway. The parking space must be in compliance with the city's parking ordinance (Section 17.620.007(A)). The parking space is in addition to the parking requirements for the single-family or multifamily dwelling unit, except as provided in subsection b below.
2. Exceptions. Parking standards shall not be imposed for an ADU that meets
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one or more of the following criteria:
a. The ADU is located within one-half mile walking distance of public transit.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary dwelling, or an existing accessory building conversion.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle located within one block of the ADU.
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (EM)(122)(b)(ia)–(ve) above. c. JADUs. Parking shall not be required for a JADU.
d. Converted or Destroyed Parking Structure.
i. When a parking structure, uncovered parking, or covered parking is converted or destroyed in the construction of an ADU, the lost parking is not required to be replaced. However, replacement parking is required if parking in an attached garage is converted into a JADU.
ii. If the applicant applies for a demolition permit to demolish a detached garage and a building permit to construct a detached ADU, the demolition permit and building permit for the ADU shall be issued at the same time.
L.N. Rental Term. No ADU or JADU may be rented for a term of less than thirty days. This prohibition applies regardless of when the ADU or JADU was created.
M.O. No Separate Conveyance. An ADU or JADU may be rented in accordance with subsection (E)(13N) above, but except as otherwise provided in Government Code Section 65852.26Sections 66340-66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
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N.P. Utilities. All new utilities for detached ADUs shall be installed underground.
O.Q.Solar Panels. Solar panels are required when mandated under the California Energy Code.
CITY COUNCIL AGENDA ITEM NO. H.1
02/11/2025
SUBJECT: Approve a successor Memorandum of Understanding with the Brentwood Managers and Confidential Employees Association for the period of July 1, 2024 through June 30, 2027; Approving the Pay Schedule and Adopt Appropriations Amendments to the 2024/25 – 2025/26 Operating Budget
DEPARTMENT: Human Resources
STAFF: Sukari Beshears, Director of Human Resources/Risk Manager
TITLE/RECOMMENDATION
Adopt a Resolution: 1) Approving and Authorizing the City Manager to execute a successor Memorandum of Understanding (MOU) between the City of Brentwood and the Brentwood Managers and Confidential Employees Association for the period of July 1, 2024 through June 30, 2027; 2) Approving the Pay Schedule in accordance with the California Code of Regulations, Title 2, Section 570.5 and Authorizing the Director of Human Resources/Risk Manager to make ministerial revisions to the Pay Schedule to reflect the changes; and 3) Adopting Appropriations Amendments to the 2024/25 – 2025/26 Operating Budget.
The proposed actions will ensure there is a current agreement between the City of Brentwood and Brentwood Managers and Confidential Employees Association regarding wages, hours, and other terms and conditions of employment.
FISCAL IMPACT
Personnel costs are by far the largest category of General Fund spending, and with a budget of $49.2 million in FY 2024/25, comprise nearly 2/3 of General Fund appropriations.
CITY COUNCIL AGENDA ITEM NO. H.1
02/11/2025
The additional Operating Budget expenditure increase required for this item is as follows:
The General Fund two-year projection presented during the Mid-Year Operating Budget review in January factored in these expenditure increases. As such, approval of this item will not impact staff’s General Fund results projection.
BACKGROUND
The City’s interest is to be fair and equitable to employees and to maintain competitive salaries and benefits. The City will also continue to chart a fiscally sustainable path into the future for its employees, and the citizens it serves, by maintaining reserves and avoiding increases to unfunded obligations.
City representatives negotiated a tentative agreement with the Brentwood Managers and Confidential Employees Association (BMCEA). The representatives commenced negotiations with BMCEA on January 30, 2024. During the negotiation process, City representatives regularly shared and communicated the City’s interests. The following summarizes the proposed MOU for BMCEA.
BMCEA represents approximately nineteen (19) full-time employees. The MOU approved by the City Council in 2021 covered the period of July 1, 2021 through June 30, 2024. On October 28, 2024, after several negotiation sessions, the City passed a Last Best and Final Offer (LBFO) to BMCEA for a successor MOU. A copy of the proposed successor BMCEA MOU is included as Exhibit B to the attached Resolution.
The following is a list of the substantive differences between the BMCEA MOU, which expired on June 30, 2024, and the proposed new BMCEA MOU. Contract Term – Three (3) years effective July 1, 2024 through June 30, 2027 Salary Adjustments – Over the three (3) year–term effective as follows:
o July 1, 2024: COLA 4% + Equity (see table on the following page) FY 2024/25 FY 2025/26
Fund Budget Increase Budget Increase
General Fund $ 142,171 $ 125,242
Other Funds 119,424 107,624
Total $ 261,595 $ 232,866
CITY COUNCIL AGENDA ITEM NO. H.1
02/11/2025
Classification Title Equity
Accounting Manager 8.17%
City Clerk 3.36%
Development Services Manager 4.66%
Engineering Manager 3.93%
Fleet/Facilities Maintenance Manager 5.09%
Human Resources Manager 3.36%
Park/Maintenance Manager 3.01%
Recreation Manager 17.48%
Solid Waste Manager 3.67%
Streets Manager 2.53%
Wastewater Operations Manager 13.41%
Water Operations Manager 7.95%
o July 1, 2025: COLA 3%
o July 1, 2026: COLA 3%
One-Time Payment – $2,000 for those actively employed by the City on the date of adoption by City Council and actively employed by the City on the date of payment.
BMCEA ratified the City’s LBFO on December 20, 2024.
Staff recommends that the City Council approve the successor MOU, as well as changes to the Pay Schedule for the BMCEA employees, effective July 1, 2024.
Employees must have regular status on the date of adoption to be eligible to receive the salary increase and benefit changes as outlined in the proposed successor MOU.
Staff also recommends that City Council adopt Appropriations Amendments to the 2024/25 -2025/26 Operating Budget.
This staff report and related attachments have been reviewed by the City Attorney and outside legal counsel that specializes in employment law.
CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 6: Classification and Compensation
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
CITY COUNCIL AGENDA ITEM NO. H.1
02/11/2025
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
Staff does not recommend any alternative options to ensure that the City of Brentwood has a current agreement in place with BMCEA regarding wages, hours, and other terms and conditions of employment.
ATTACHMENT(S)
1. Previous Action (if applicable)
2. Resolution
3. Exhibit A – Operating Budget Appropriations Amendments 2024/25-2025/26
4. Exhibit B – Brentwood Managers and Confidential Employees Association MOU
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 July 27, 2021, the City Council adopted Resolution 2021-90, approving and authorizing the City Manager to execute a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Managers and Confidential Employees Association for the period of July 1, 2021 through June 30, 2024.
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD: 1) APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A SUCCESSOR MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BRENTWOOD AND
THE BRENTWOOD MANAGERS AND CONFIDENTIAL EMPLOYEES
ASSOCIATION FOR A PERIOD OF JULY 1, 2024 THROUGH JUNE
30, 2027; 2) APPROVING THE PAY SCHEDULE IN ACCORDANCE
WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION
570.5 AND AUTHORIZING THE DIRECTOR OF HUMAN
RESOURCES/RISK MANAGER TO MAKE MINISTERIAL
REVISIONS TO THE PAY SCHEDULE TO REFLECT THE CHANGES;
AND 3) ADOPTING APPROPRIATIONS AMENDMENTS TO THE
2024/25 – 2025/26 OPERATING BUDGET
WHEREAS, negotiating teams from the City of Brentwood and the Brentwood Managers and Confidential Employees Association have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment; and WHEREAS, the Memorandum of Understanding (MOU) document attached as Exhibit B hereto and incorporated herein is entered into pursuant to the MeyersMilias-Brown Act (California Government Code Sections 3500-3510) and has been jointly prepared by the aforementioned entities; and
WHEREAS, the MOU document includes an agreement between the aforementioned entities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows:
1. Approve and authorize the City Manager to execute a successor Memorandum of Understanding between the City of Brentwood and the Brentwood Managers and Confidential Employees Association for the period of July 1, 2024 through June 30, 2027 (Exhibit B).
2. Approve the Pay Schedule in accordance with the California Code of Regulations, Title 2, Section 570.5 and authorize the Director of Human Resources/Risk Manager to make ministerial revisions to the Pay Schedule as approved by Council in the Brentwood Managers and Confidential Employees Association MOU.
3. Adopt Appropriations Amendments to the 2024/25 and 2025/26 General Operating Budget as detailed in Exhibit A, attached hereto and incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of February 2025 by the following vote:
Fund FY 2024/25 FY 2025/26
Budget Increase Budget Increase
General Fund 142,171 $ $ 125,242 Citywide Park District 6,707 5,594 Housing 1,064 602 Solid Waste Enterprise 17,485 15,417 Water Enterprise 32,579 30,054 Wastewater Enterprise 43,633 41,387 Information Systems 4,244 2,406 Facilities Maintenance Services 10,282 9,122 Fleet Services 3,430 3,042 Total 261,595 $ $ 232,866 Exhibit A
1 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BRENTWOOD
AND
BRENTWOOD MANAGERS AND CONFIDENTIAL EMPLOYEES’
ASSOCIATION
July 1, 2020 2024 – June 30, 20242027
Approved:
Resolution No.
2 Table of Contents
SECTION 1 Recognition and Representation ........................................................ 4 SECTION 2 Association Rights.............................................................................. 4 SECTION 3 Attendance at Meetings by Employees .............................................. 5 SECTION 4 Employer’s Rights and Responsibilities.............................................. 5 SECTION 5 No Discrimination ............................................................................... 6 SECTION 6 Salaries .............................................................................................. 6 SECTION 7 Hours of Work and Flexibility of Schedule.......................................... 6 SECTION 8 Bilingual Premium Pay ....................................................................... 7 SECTION 9 Holidays.............................................................................................. 7 SECTION 10 Vacation ............................................................................................. 7 SECTION 11 Longevity Incentive Plan..................................................................... 8 SECTION 12 Personal Time Off ............................................................................. 8 SECTION 13 Sick Leave.......................................................................................... 9 SECTION 14 Health Insurance ................................................................................ 9 SECTION 15 Dental Insurance ..............................................................................11 SECTION 16 Vision Insurance...............................................................................11 SECTION 17 Flexible Benefit Plan......................................................................... 11 SECTION 18 Life Insurance................................................................................... 11 SECTION 19 Disability Insurance .......................................................................... 11 SECTION 20 Retirement Plan................................................................................12 SECTION 21 Deferred Compensation ...................................................................13 SECTION 22 Severability of Provisions ................................................................. 13 SECTION 23 Scope of Agreement......................................................................... 13 SECTION 24 Duration............................................................................................14
3 2020 2024 – 2024 2027 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BRENTWOOD AND
BRENTWOOD MANAGERS AND CONFIDENTIAL EMPLOYEES’ ASSOCIATION The Brentwood Managers and Confidential Employees’ Association (BMCEA) and representatives of the Brentwood City Council have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in the Association. Throughout the Meet and Confer process, both parties have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding (MOU) is entered into pursuant to the Meyers-MiliasBrown Act (Government Codes Sections 3500-3510) and has been jointly prepared by both parties.
This MOU shall be presented to the Brentwood City Council as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 2020 2024 and ending June 30, 20242027.
4 SECTION 1 Recognition and Representation
1.1 Association Recognition
The Brentwood Managers and Confidential Employees’ Association, (“Association”) is the recognized employee organization for employees occupying regular positions as detailed in attachment “A”.
1.2 City Recognition
The City Manager, or any person or organization duly authorized by the Brentwood City Council (“City”), is the representative of the City in employer-employee relations as provided in Council/Administrative Policy No. 20-17, Employer-Employee Relations Resolution adopted by the City Council on April 12, 2005, revised on February 28, 2012.
SECTION 2 Association Rights
2.1 The Association may use space on available bulletin boards for communications having to do with official Association business, such as times and places of meetings, provided such use does not interfere with the needs of the City. Additionally, the Association shall be allowed reasonable use of the City’s e-mail system for communications related to the completion of the negotiations process. Such use will be as provided in Council/Administrative Policy No. 10-10, Policy and Procedures for City Information Systems and Communications.
2.2 Any representative of the Association shall give notice to and request permission from their Department Director or their designated representative when desiring to contact Association members on City facilities during the duty period of the employees, providing that solicitation for membership or other internal Association business shall be conducted during the non-duty hours of all employees. Pre-arrangement for routine contact must be made with the individual Department Director.
2.3 City buildings and other facilities may be made available for use by employees, the Association, or their representatives in accordance with such administrative procedures as may be established by the City Manager or Department Directors concerned.
2.4 Upon certification from the Association that it has and will maintain individual employee authorization for dues deductions, the City shall deduct Association dues from the members’ second payroll check of each month. A check for the deduction will be issued monthly, payable to the Brentwood Managers and Confidential Employees’ Association, and will be delivered via inter-office mail to the Association Treasurer (or other member designated in writing by the Association President).
The Association shall indemnify and hold harmless the City, its officers and employees, from and against all loss, damages, costs, expenses, claims, attorney’s fees, demands,
5 actions, suits and judgments and any other proceedings arising out of any collection of the dues described above.
SECTION 3 Attendance at Meetings by Employees
City employees who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation or grievance are being considered.
The use of official time for this purpose shall be reasonable and shall not interfere with the employees’ performance of duties or delivery of City services as determined by the City. Such employee representatives shall request time off from their respective supervisor and coordinate work schedules. With mutual agreement, the number of employees excused for such purposes shall not exceed three (3) at any given time.
SECTION 4 Employer’s Rights and Responsibilities
The City, through its City Manager, Department Directors and Council/Administrative Policy No. 20-17, Employer-Employee Relations Resolution, retains solely and exclusively, all the rights, powers and authority to operate and manage its operations. The rights reserved to the City shall include, but are not limited to the following:
To manage and direct its business and personnel; to manage, control and determine the mission of its departments, building facilities and operations; to create, change, combine or abolish jobs, departments and facilities in whole or in part; to subcontract or discontinue work for economic or operational reasons; to direct the workforce; to increase or decrease the workforce and determine the number of employees needed; to hire, transfer, promote and maintain work standards, schedules of operation and reasonable workload; to specify or assign work requirements and require overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violation thereof; to determine the type and scope of work to be performed and the services to be provided; to establish salaries of new classifications; to determine the methods, processes, means and places of providing services and to take whatever action necessary to prepare for and operate in an emergency.
Nothing in this section shall be construed to limit, amend, decrease, revoke or otherwise modify the rights vested in the City by any law regulating, authorizing or empowering the City to act or refrain from acting.
Those managerial functions, prerogatives and policymaking rights, whether listed above or not, which the City has not expressly modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to a grievance procedure.
SECTION 5 No Discrimination
6 The City and the Association agree that there shall be no discrimination of any kind due to race, creed, color, religion, age, national origin, medical condition, pregnancy, marital status, disability, sex, sexual orientation, gender identity, gender expression, political affiliation, legitimate Association activity, or any other classification or category protected by law, against any employee.
SECTION 6 Salaries
Effective July 1, 2020 2024 through June 30, 20242027, salary ranges for all employees in the Association will be set forth in Attachment “A” which is attached hereto and made a part hereof. Salary increases will be granted as follows:
Effective July 1, 2021 2024 all ranges shall be increased by 3.25%4.00%.
Effective July 1, 2022 2025 all ranges shall be increased by 3.25%3.00%.
Effective July 1, 2023 2026 all ranges shall be increased by 3.25%3.00%.
Effective July 1, 2024 employees in the classifications listed in the table below will receive the following one time equity adjustments:
Classification Title Equity
Accounting Manager 8.17%
City Clerk 3.36%
Development Services Manager 4.66%
Engineering Manager 3.93%
Fleet/Facilities Maintenance Manager 5.09%
Human Resources Manager 3.36%
Park/Maintenance Manager 3.01%
Recreation Manager 17.48%
Solid Waste Manager 3.67%
Streets Manager 2.53%
Wastewater Operations Manager 13.41%
Water Operations Manager 7.95%
6.1 Range Placement Implementation
6.1.1 Classifications with incumbents whose existing pay ranges exceed the new pay ranges for the classification as of the date of Council adoption of this MOU, or prospective City employees who are in receipt of conditional offers of employment as of the date of Council adoption of this MOU and are subsequently employed by the City within thirty (30) calendar days of adoption of this MOU, will be denoted by an asterisk (*) in the “Appendix A, Pay Schedules Managers and Confidential”.
7 6.1.2 Incumbents in (*) classifications shall continue to be eligible for merit increases and general wage increases until such time as they vacate the (*) classification.
6.1.3 Classifications designated with an (*) shall be “Closed” classifications. There shall be no hiring into, transfers into, promotions into, or demotions into these (*) classifications.
6.1.4 If an incumbent in a (*) classification is promoted, the salary placement for the incumbent into the promotional classification will be per City policy, however in no case shall the incumbent be placed higher than top step of the promotional classification’s salary wage range.
6.1.5 Once the (*) classification is vacated it shall be abolished. The abolished classification will convert to the regular classification at the then current applicable salary wage range listed in the Appendix A Pay Schedules;
6.1.6 New employees provided conditional offers of employment and hired by the City after adoption shall be placed in the City’s current respective applicable salary wage range listed in the “Appendix A Pay Schedules” pursuant to City policy.
6.2 One-Time Payment
The City shall provide a one-time payment of $2,000 to all unit members who are: 1) actively employed by the City on the date of Council adoption of this MOU; and, 2) actively employed by the City on the date of payment in 2025. Said one-time payment to be paid to eligible employees no later than the second full pay period after Council adoption of this MOU. The one-time payment is non-pensionable and subject to all applicable withholdings.The City will meet with the Association prior to initiating a salary survey to confirm components. City to complete a salary survey by January 31, 2024.
6.13 Reopeners
The contract will not re-open unless mutually agreed to in writing by authorized representatives of the City and the Association.
SECTION 7 Hours of Work and Flexibility of Schedule
7.1 Standard Workday
The standard workday for most non-sworn employees is eight (8) hours per day.
However, the 8-hour schedule is intended to be flexible in nature with pre-approval of the Department Director and consistent with wage and hour legal requirements, with the employees having the option of starting before 8:00 a.m., working after 5:00 p.m., taking a half-hour non-paid duty-free lunch break, or any combination of the above or other option.
8 The City Manager is authorized to designate other, alternative, work periods and working hours for employees when, in their opinion, the best interest of the City may be served by such adjustment of the standard work periods and hours. The procedure for making adjustments in the standard work period and hours shall be consistent with any applicable legal obligations.
SECTION 8 Bilingual Premium Pay
The City shall pay $25 per bimonthly pay period to individuals that are fluent in a foreign language or American Sign Language (ASL) who are routinely and consistently assigned to positions requiring communication skills in languages other than English. The determination of the need of the community for employees fluent in a language shall be determined by the City Manager or designee. The determination of the employee's fluency shall be by a mutually agreed upon procedure. The Parties agree that to the extent permitted by law, bilingual premium pay is special compensation and shall be reported as such pursuant to the Title 2 CCR Sections 571(a)(4) and 571.1 (b)(3).
SECTION 9 Holidays
As provided in the Personnel Rules and Regulations, Rule 10, full-time and part-time regular and probationary employees receive holiday pay. Holiday pay for each observed City holiday is eight (8) hours/credits for each holiday listed below, including floating holidays (personal days). In the case of part-time regular employees, holiday pay for each observed City holiday will be pro-rated based on the employee’s number of regularly scheduled work week hours. In order for an employee to receive compensation for a holiday, the employee must be in a pay status (working, vacation, sick leave, worker’s compensation, scheduled day off) the day prior to and the day following the holiday.
Holidays will be observed by the City as follows:
1) January 1 (New Year’s Day) 8) Veteran’s Day (Observed) 2) Martin Luther King Jr.’s Birthday 9) Thanksgiving Day (Observed) 10) The Friday following Thanksgiving Day
3) Washington’s Birthday (Observed) 11) December 24
4) Memorial Day 12) December 25
5) June 19, Juneteenth 13) December 31
6) July 4, Independence Day 14) Two Floating Holidays (Personal Days) 7) Labor Day based upon Employment on January 1st
SECTION 10 Vacation
10.1 Vacation Accrual for New Employees
No employee who has served less than six months shall be eligible to use their vacation credits regardless of their accrual during the initial six months of employment. However,
9 upon completion of six months of service, the employee will then be eligible to use accrued vacation hours.
10.2 Vacation Accrual Tables
Employees are subject to the following vacation accrual schedule:
Years Employed Monthly Accrual
0 - 5 years 10.67 hours (16 days annual)
5 – 10 years 14.00 hours (21 days annual)
10 years+ 17.33 hours (26 days annual)
Vacation accrual shall begin with the first hour of work. Vacation shall accrue on the basis of regular hours on payroll status and shall not accrue to overtime worked.
Vacation accrual is capped at no more than 18 times an employee’s monthly vacation accrual at any time. Upon reaching the vacation accrual cap the employee will cease to accrue vacation until the balance is below the accrual cap.
Regular employees who work fifty percent (50%) of full-time or more shall accrue vacation credits in proportion to their time worked.
SECTION 11 Longevity Incentive Plan
11.1 Longevity Earned
The City recognizes employees that make a commitment to continue their employment long-term. After each five-year period of continuous, full-time employment, a regular employee shall receive forty (40) hours of bonus vacation time posted to their vacation accrual balance, up to the vacation accrual cap.
11.2 Non-Recurring Leave
The bonus week of vacation shall not increase the employee’s vacation accrual rate.
The forty (40) hours of vacation is a one (1) time bonus for the year in which it is earned through the employee’s length of service.
SECTION 12 Personal Time Off
Effective July 1, 2021, and each subsequent year of the agreement, all members covered by this MOU are eligible to use up to eighty (80) hours of paid time off for personal leave. This time shall be placed on the employees books effective every July 1, commencing July 1, 2021.
The employee can use this time off all at once or in as little as one (1) hour increments. These hours shall have no cash value, shall not be eligible for payment upon termination of employment, and shall not be transferable from one year to the next. Each employee is eligible for the full eighty (80) hours of paid time off regardless of the duration of their employment.
10 SECTION 13 Sick Leave
Regular and probationary employees earn sick leave at the rate of eight (8) hours per month.
Sick leave accrues on the basis of hours worked, therefore regular and probationary employees who work fifty percent (50%) of full-time or more shall accrue sick leave credits in proportion to their time worked. Unused sick leave shall accumulate from year to year. Sick leave shall be used only in the case of necessity of actual sickness or disability. Sick leave may not be used before it is earned. Sick leave may be used for medical and dental appointments. See Personnel Rules/Regulations, Rule 10.3 for more details that apply to the accrual and use of sick leave.
SECTION 14 Health Insurance
14.1 City Contribution
The City shall provide medical coverage for employees through the California Public Employees’ Retirement System (“CalPERS”) Health Benefits Plan. The maximum monthly medical premium paid by the City for employee’s medical coverage shall be as follows:
Effective as soon as administratively possible but not later than the start of the second full month after Council adoption the City shall provide the following contributions for full time employees:
Employee only: 100% of the premium, regardless of plan.
Employee plus 1 dependent: an amount equal to the Region 1 Kaiser Employee + one dependent rate.
Employee plus 2 or more dependents: an amount equal to 85% of the Region 1 Kaiser Family rate.
The maximum monthly medical premium described above includes the Public Employees’ Medical and Hospital Care Act (“PEMHCA”) minimum monthly contribution (currently $143 158 per month).
14.2 Employee Contribution
The employees shall pay any excess premium costs through a pre-tax payroll deduction of the employee chosen plan, unless the IRS tax code changes.
14.3 Retiree Medical Coverage
Retiree medical is available through the CalPERS Health Benefits Plan. Employees must be vested with CalPERS and retire from the City of Brentwood within the timeline set by CalPERS to be eligible to receive the retiree medical benefit.
For employees retired prior to July 1, 2012:
11 The City’s monthly contribution rate shall equal the Kaiser employee plus one dependent rate. This amount includes the PEMHCA minimum.
For employees hired prior to July 1, 2012 and not yet retired by that date:
The maximum premium amount paid by the City for an employee retiring on or after July 1, 2012 shall be $1,326.63 until such time that the Kaiser employee only rate exceeds this amount. At that time, the maximum medical premium amount paid by the City shall equal the Kaiser employee only rate. At no time shall the maximum medical premium amount paid by the City be less than the Kaiser employee only rate. This maximum premium amount includes the PEMHCA minimum amount.
For employees hired on or after July 1, 2012:
The maximum premium amount paid by the City for an employee retiring on or after July 1, 2012 shall be equal to the PEMHCA minimum amount. Retirees shall be responsible for payment of any excess premium costs due CalPERS. The payment method of excess premium will be prescribed by CalPERS. The City shall increase the maximum medical premium amount to match the PEMHCA minimum amount in compliance with the required PEMHCA minimum amount.
14.4 Cash In-Lieu of Medical Coverage
Employees that provide proof of alternative minimum essential medical coverage for the employee and the employee’s taxable family (individuals for whom the employee expects to claim a personal exemption deduction), may elect to receive “cash in-lieu” of medical coverage after they provide annual proof of such medical coverage to the Human Resources Department. Individual coverage and individual coverage from Covered California does not qualify as alternative minimum essential coverage for this section.
For those employees who received the “cash in-lieu” amount on or before May 1 2014, and retained the benefit, the maximum benefit amount will be $668.63.
The “cash in-lieu” benefit amount shall be $300 per month for: a) employees hired after May 1, 2014; or, existing employees who discontinue the City’s medical coverage and opt for “cash in-lieu” of medical coverage at a later date as long as they meet the requirements as described above.
SECTION 15 Dental Insurance
The City shall pay the premium for dental coverage for all full-time personnel and their family.
In the event that during the period of the MOU, the premiums required to maintain the current level of dental benefits are increased, the City shall pay such increased premium amounts.
Effective with Plan Year 2022, the City shall contract with their dental insurance provider for an enhanced benefit package. Any employee who enrolls in the enhanced dental benefit package shall be responsible for the difference in the premium between the basic and enhanced benefit.
12 SECTION 16 Vision Insurance
The City shall pay the premium for vision coverage through Vision Services Plan (VSP) that provides vision care services through participating providers. This applies to all full-time personnel and their family. In the event that during the period of the MOU, the premiums required to maintain the current level of vision benefits are increased, the City shall pay such increased premium amounts.
SECTION 17 Flexible Benefit Plan
Employees in this bargaining unit may voluntarily participate in the Flexible Benefit Plan. The plan allows employees to receive nontaxable benefits in exchange for a reduction in taxable compensation.
SECTION 18 Life Insurance
The City shall pay the premium for term life insurance and accidental death & dismemberment coverage for all members of this bargaining unit. The coverage provides for one and one-half times the employee’s annual salary to a maximum of one-hundred and fifty-thousand dollars ($150,000).
SECTION 19 Disability Insurance
The City shall contribute one hundred percent (100%) of premiums for Disability Insurance with a twenty-nine (29) day waiting period. Employees may use accrued vacation, sick leave or compensatory time off pay during the twenty-nine (29) day waiting period until the Disability benefit begins. Once the employee becomes eligible for the Disability benefit, other time off benefits may be utilized as allowed by the policy.
SECTION 20 Retirement Plan
The City contracts with CalPERS to provide pension benefits for employees.
20.1 Tier 1 –
Employees hired on or before September 30, 2010 shall be members of the CalPERS Miscellaneous Employees’ Retirement Plan 2.7% at age 55 and receive the following Optional Benefits:
Section 20042 One-Year Final Compensation.
Section 20965 Credit for Unused Sick Leave.
Section 21024 Military Service Credit as Public Service, Statutes of 1976.
Employees electing this option are fully responsible for any costs associated with the election of this benefit.
13 Section 21335 5% Cost-of-Living Allowance, base year 2001, for miscellaneous members and local police members only.
Section 21573 Third Level of 1959 Survivor Benefits.
All benefits included in the City retirement plan under CalPERS effective September 30, 2010 shall be maintained during the life of the contract.
20.1.1 Bargaining unit members hired as of September 30, 2010 will contribute the entire eight percent (8%) of the Employee Contribution towards retirement.
20.2 Tier 2 –
Employees hired on or after October 1, 2010, shall be members of the CalPERS Miscellaneous Employees’ Retirement Plan 2% at age 60 and receive the following Optional Benefits:
Section 20965 Credit for Unused Sick Leave.
Section 21024 Military Service Credit as Public Service, Statutes of 1976.
Employees electing this option are fully responsible for any costs associated with the election of this benefit.
Section 21573 Third Level of 1959 Survivor Benefits.
The retirement benefit will be calculated on a consecutive thirty-six (36) month period and the Cost of Living Allowance will be the base amount provided by CalPERS.
20.2.1 Bargaining Unit members hired after September 30, 2010 will pay the entire seven percent (7%) Employee Contribution each month for all wages that are CalPERS reportable.
20.3 New Members –
Employees hired on or after January 1, 2013, who are “new members” as that term is defined in the Public Employees’ Pension Reform Act (PEPRA) shall be members of the CalPERS Miscellaneous Employees’ Retirement Plan 2% at age 62 retirement formula. Final compensation is based on a 36-month final compensation period, and employees will contribute at least 50 percent of the total normal cost rate for their retirement plan.
Optional benefits that are already in place under the City’s CalPERS contract and contract amendments will apply to new members unless those optional benefits are inconsistent with the PEPRA, such as the 12-month final compensation period.
SECTION 21 Deferred Compensation and Retiree Health Savings Account
21.1 Deferred Compensation
14 The City contracts with 457 Deferred Compensation Plan providers. The City contributes an amount equal to three percent (3%) of each employee’s salary into a 457 Deferred Compensation Plan provided by the City. In addition, employees may elect to contribute and additional fifty-five dollars ($55.00) per pay period to the 457 Plan and the City will match the contribution, totaling a one-hundred ten dollar ($110.00) monthly contribution. Contributions to the 457 Deferred Compensation Plans are subject to the annual IRS contribution limits.
21.2 Retiree Health Savings Account
The City maintains a VantageCare retiree health savings account with MissionSquare Retirement (or other mutually agreeable retiree health savings account) for all employees in the bargaining unit hired on or after July 1, 2012. The City shall contribute fifty dollars ($50) per pay period on behalf of each qualified employee to the plan. City contributions shall immediately vest to the qualified employee. The City shall pay the accounting fee as charged by the plan.
Employees may withdraw from the plan upon separation from City employment, consistent with the terms of the plan.
SECTION 22 Severability of Provisions
If any provision of this MOU should be found to be invalid, unlawful or unenforceable by reason of any existing or subsequently enacted legislation or voter initiative or by judicial authority, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU.
In the event of invalidation of any provision, the City and this bargaining unit agree to meet within thirty (30) days for the purpose of meeting and conferring with respect to such invalidation.
SECTION 23 Scope of Agreement
Except as otherwise specifically provided herein, the parties agree that this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring.
Neither party shall, during the term of this MOU, demand any change therein nor shall either party be required to negotiate with respect to any matter; provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. Such agreement shall be in writing and is subject to approval by the City Council.
SECTION 24 Duration
This MOU shall be effective July 1, 2020 2024 except for those provisions of the MOU which have been assigned other effective dates as set forth above. The MOU shall remain in full force and effect through and including the thirtieth (30th) day of June, 2024 2027 and shall continue thereafter from year to year unless at least sixty (60) days prior to the first (1st) day of July, 2024 2027 or to the first (1st) day of July of any subsequent year, either party shall file written notice with the other of its desire to amend, modify or terminate this MOU.
15 IN WITNESS WHEREOF the parties have executed this MOU this ___day of ________, 20212025.
BRENTWOOD MANAGERS AND CONFIDENTIAL
EMPLOYEES’ ASSOCIATION CITY OF BRENTWOOD
Tim Nielsen, Representative Tim Y. Ogden, City Manager
Sonia Agostini, Representative
Pay Schedule
Managers and Confidential
Hourly
Rate
Monthly
Salary
Accounting Manager A 58.09$ $ 10,068.72
B 60.99$ $ 10,572.15
C 64.04$ $ 11,100.76
D 67.24$ $ 11,655.80
E 70.61$ $ 12,238.59
Chief Building Official A 71.50$ $ 12,392.91
B 75.07$ $ 13,012.55
C 78.83$ $ 13,663.18
D 82.77$ $ 14,346.34
E 86.91$ $ 15,063.66
Chief Financial Operations Officer A 63.89$ $ 11,074.34 B 67.08$ $ 11,628.05
C 70.44$ $ 12,209.46
D 73.96$ $ 12,819.93
E 77.66$ $ 13,460.93
Chief Information Systems Officer A 71.38$ $ 12,372.05
B 74.95$ $ 12,990.65
C 78.69$ $ 13,640.18
D 82.63$ $ 14,322.19
E 86.76$ $ 15,038.30
City Clerk A 62.31$ $ 10,801.03
B 65.43$ $ 11,341.08
C 68.70$ $ 11,908.13
D 72.14$ $ 12,503.54
E 75.74$ $ 13,128.71
Development Services Manager A 64.65$ $ 11,206.57
B 67.89$ $ 11,766.90
C 71.28$ $ 12,355.24
D 74.84$ $ 12,973.01
E 78.59$ $ 13,621.66
Effective 7/1/2021
(3.25% salary increase)
Managers and Confidential
7/1/2021 1 of 4
Attachment A
Pay Schedule
Managers and Confidential
Hourly
Rate
Monthly
Salary
Effective 7/1/2021
(3.25% salary increase)
Economic Development Manager A 71.50$ $ 12,392.91
B 75.07$ $ 13,012.55
C 78.83$ $ 13,663.18
D 82.77$ $ 14,346.34
E 86.91$ $ 15,063.66
Economic Development/Planning Manager A 71.50$ $ 12,392.91 B 75.07$ $ 13,012.55
C 78.83$ $ 13,663.18
D 82.77$ $ 14,346.34
E 86.91$ $ 15,063.66
Engineering Manager A 70.11$ $ 12,152.98
B 73.62$ $ 12,760.63
C 77.30$ $ 13,398.66
D 81.16$ $ 14,068.59
E 85.22$ $ 14,772.02
Fleet/Facilities Maintenance Manager A 56.91$ $ 9,864.26 B 59.75$ $ 10,357.47
C 62.74$ $ 10,875.34
D 65.88$ $ 11,419.11
E 69.17$ $ 11,990.06
Human Resources Manager A 62.31$ $ 10,801.03
B 65.43$ $ 11,341.08
C 68.70$ $ 11,908.13
D 72.14$ $ 12,503.54
E 75.74$ $ 13,128.71
Park Maintenance Manager A 59.51$ $ 10,314.91
B 62.48$ $ 10,830.65
C 65.61$ $ 11,372.18
D 68.89$ $ 11,940.79
E 72.33$ $ 12,537.83
Managers and Confidential
7/1/2021 2 of 4
Attachment A
Pay Schedule
Managers and Confidential
Hourly
Rate
Monthly
Salary
Effective 7/1/2021
(3.25% salary increase)
Planning Manager A 71.50$ $ 12,392.91
B 75.07$ $ 13,012.55
C 78.83$ $ 13,663.18
D 82.77$ $ 14,346.34
E 86.91$ $ 15,063.66
Purchasing Manager A 45.92$ $ 7,959.42
B 48.22$ $ 8,357.39
C 50.63$ $ 8,775.26
D 53.16$ $ 9,214.02
E 55.82$ $ 9,674.72
Records Manager A 42.03$ $ 7,285.53
B 44.13$ $ 7,649.80
C 46.34$ $ 8,032.30
D 48.66$ $ 8,433.91
E 51.09$ $ 8,855.61
Recreation Manager A 52.18$ $ 9,044.32
B 54.79$ $ 9,496.54
C 57.53$ $ 9,971.36
D 60.40$ $ 10,469.93
E 63.42$ $ 10,993.43
Solid Waste Manager A 57.69$ $ 9,999.87
B 60.58$ $ 10,499.86
C 63.60$ $ 11,024.85
D 66.79$ $ 11,576.10
E 70.12$ $ 12,154.90
Streets Manager A 56.91$ $ 9,864.26
B 59.75$ $ 10,357.47
C 62.74$ $ 10,875.34
D 65.88$ $ 11,419.11
E 69.17$ $ 11,990.06
Managers and Confidential
7/1/2021 3 of 4
Attachment A
Pay Schedule
Managers and Confidential
Hourly
Rate
Monthly
Salary
Effective 7/1/2021
(3.25% salary increase)
Wastewater Operations Manager A 58.21$ $ 10,089.58
B 61.12$ $ 10,594.06
C 64.18$ $ 11,123.76
D 67.38$ $ 11,679.95
E 70.75$ $ 12,263.95
Water Operations Manager A 58.21$ $ 10,089.58
B 61.12$ $ 10,594.06
C 64.18$ $ 11,123.76
D 67.38$ $ 11,679.95
E 70.75$ $ 12,263.95
Managers and Confidential
7/1/2021 4 of 4
Attachment A
1 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BRENTWOOD
AND
BRENTWOOD MANAGERS AND CONFIDENTIAL EMPLOYEES’
ASSOCIATION
July 1, 2024 – June 30, 2027
Approved:
Resolution No.
2 Table of Contents
SECTION 1 Recognition and Representation ........................................................ 4 SECTION 2 Association Rights.............................................................................. 4 SECTION 3 Attendance at Meetings by Employees .............................................. 5 SECTION 4 Employer’s Rights and Responsibilities.............................................. 5 SECTION 5 No Discrimination ............................................................................... 6 SECTION 6 Salaries .............................................................................................. 6 SECTION 7 Hours of Work and Flexibility of Schedule.......................................... 7 SECTION 8 Bilingual Premium Pay ....................................................................... 8 SECTION 9 Holidays.............................................................................................. 8 SECTION 10 Vacation ............................................................................................. 9 SECTION 11 Longevity Incentive Plan..................................................................... 9 SECTION 12 Personal Time Off ...........................................................................10 SECTION 13 Sick Leave........................................................................................10 SECTION 14 Health Insurance ..............................................................................10 SECTION 15 Dental Insurance ..............................................................................12 SECTION 16 Vision Insurance...............................................................................12 SECTION 17 Flexible Benefit Plan......................................................................... 12 SECTION 18 Life Insurance................................................................................... 12 SECTION 19 Disability Insurance .......................................................................... 12 SECTION 20 Retirement Plan................................................................................13 SECTION 21 Deferred Compensation ...................................................................14 SECTION 22 Severability of Provisions ................................................................. 14 SECTION 23 Scope of Agreement......................................................................... 15 SECTION 24 Duration............................................................................................15
3 2024 – 2027 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BRENTWOOD AND
BRENTWOOD MANAGERS AND CONFIDENTIAL EMPLOYEES’ ASSOCIATION The Brentwood Managers and Confidential Employees’ Association (BMCEA) and representatives of the Brentwood City Council have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in the Association. Throughout the Meet and Confer process, both parties have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding (MOU) is entered into pursuant to the Meyers-MiliasBrown Act (Government Codes Sections 3500-3510) and has been jointly prepared by both parties.
This MOU shall be presented to the Brentwood City Council as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 2024 and ending June 30, 2027.
4 SECTION 1 Recognition and Representation
1.1 Association Recognition
The Brentwood Managers and Confidential Employees’ Association, (“Association”) is the recognized employee organization for employees occupying regular positions as detailed in attachment “A”.
1.2 City Recognition
The City Manager, or any person or organization duly authorized by the Brentwood City Council (“City”), is the representative of the City in employer-employee relations as provided in Council/Administrative Policy No. 20-17, Employer-Employee Relations Resolution adopted by the City Council on April 12, 2005, revised on February 28, 2012.
SECTION 2 Association Rights
2.1 The Association may use space on available bulletin boards for communications having to do with official Association business, such as times and places of meetings, provided such use does not interfere with the needs of the City. Additionally, the Association shall be allowed reasonable use of the City’s e-mail system for communications related to the completion of the negotiations process. Such use will be as provided in Council/Administrative Policy No. 10-10, Policy and Procedures for City Information Systems and Communications.
2.2 Any representative of the Association shall give notice to and request permission from their Department Director or their designated representative when desiring to contact Association members on City facilities during the duty period of the employees, providing that solicitation for membership or other internal Association business shall be conducted during the non-duty hours of all employees. Pre-arrangement for routine contact must be made with the individual Department Director.
2.3 City buildings and other facilities may be made available for use by employees, the Association, or their representatives in accordance with such administrative procedures as may be established by the City Manager or Department Directors concerned.
2.4 Upon certification from the Association that it has and will maintain individual employee authorization for dues deductions, the City shall deduct Association dues from the members’ second payroll check of each month. A check for the deduction will be issued monthly, payable to the Brentwood Managers and Confidential Employees’ Association, and will be delivered via inter-office mail to the Association Treasurer (or other member designated in writing by the Association President).
5 The Association shall indemnify and hold harmless the City, its officers and employees, from and against all loss, damages, costs, expenses, claims, attorney’s fees, demands, actions, suits and judgments and any other proceedings arising out of any collection of the dues described above.
SECTION 3 Attendance at Meetings by Employees
City employees who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation or grievance are being considered.
The use of official time for this purpose shall be reasonable and shall not interfere with the employees’ performance of duties or delivery of City services as determined by the City. Such employee representatives shall request time off from their respective supervisor and coordinate work schedules. With mutual agreement, the number of employees excused for such purposes shall not exceed three (3) at any given time.
SECTION 4 Employer’s Rights and Responsibilities
The City, through its City Manager, Department Directors and Council/Administrative Policy No. 20-17, Employer-Employee Relations Resolution, retains solely and exclusively, all the rights, powers and authority to operate and manage its operations. The rights reserved to the City shall include, but are not limited to the following:
To manage and direct its business and personnel; to manage, control and determine the mission of its departments, building facilities and operations; to create, change, combine or abolish jobs, departments and facilities in whole or in part; to subcontract or discontinue work for economic or operational reasons; to direct the workforce; to increase or decrease the workforce and determine the number of employees needed; to hire, transfer, promote and maintain work standards, schedules of operation and reasonable workload; to specify or assign work requirements and require overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violation thereof; to determine the type and scope of work to be performed and the services to be provided; to establish salaries of new classifications; to determine the methods, processes, means and places of providing services and to take whatever action necessary to prepare for and operate in an emergency.
Nothing in this section shall be construed to limit, amend, decrease, revoke or otherwise modify the rights vested in the City by any law regulating, authorizing or empowering the City to act or refrain from acting.
Those managerial functions, prerogatives and policymaking rights, whether listed above or not, which the City has not expressly modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to a grievance procedure.
6 SECTION 5 No Discrimination
The City and the Association agree that there shall be no discrimination of any kind due to race, creed, color, religion, age, national origin, medical condition, pregnancy, marital status, disability, sex, sexual orientation, gender identity, gender expression, political affiliation, legitimate Association activity, or any other classification or category protected by law, against any employee.
SECTION 6 Salaries
Effective July 1, 2024 through June 30, 2027, salary ranges for all employees in the Association will be set forth in Attachment “A” which is attached hereto and made a part hereof. Salary increases will be granted as follows:
Effective July 1, 2024 all ranges shall be increased by 4.00%.
Effective July 1, 2025 all ranges shall be increased by 3.00%.
Effective July 1, 2026 all ranges shall be increased by 3.00%.
Effective July 1, 2024 employees in the classifications listed in the table below will receive the following one-time equity adjustments:
Classification Title Equity
Accounting Manager 8.17%
City Clerk 3.36%
Development Services Manager 4.66%
Engineering Manager 3.93%
Fleet/Facilities Maintenance Manager 5.09%
Human Resources Manager 3.36%
Park/Maintenance Manager 3.01%
Recreation Manager 17.48%
Solid Waste Manager 3.67%
Streets Manager 2.53%
Wastewater Operations Manager 13.41%
Water Operations Manager 7.95%
6.1 Range Placement Implementation
6.1.1 Classifications with incumbents whose existing pay ranges exceed the new pay ranges for the classification as of the date of Council adoption of this MOU, or prospective City employees who are in receipt of conditional offers of employment as of the date of Council adoption of this MOU and are subsequently employed by the City within thirty (30) calendar days of adoption of this MOU, will be denoted by an asterisk (*) in the “Appendix A, Pay Schedules Managers and Confidential”.
7 6.1.2 Incumbents in (*) classifications shall continue to be eligible for merit increases and general wage increases until such time as they vacate the (*) classification.
6.1.3 Classifications designated with an (*) shall be “Closed” classifications. There shall be no hiring into, transfers into, promotions into, or demotions into these (*) classifications.
6.1.4 If an incumbent in a (*) classification is promoted, the salary placement for the incumbent into the promotional classification will be per City policy, however in no case shall the incumbent be placed higher than top step of the promotional classification’s salary wage range.
6.1.5 Once the (*) classification is vacated it shall be abolished. The abolished classification will convert to the regular classification at the then current applicable salary wage range listed in the Appendix A Pay Schedules;
6.1.6 New employees provided conditional offers of employment and hired by the City after adoption shall be placed in the City’s current respective applicable salary wage range listed in the “Appendix A Pay Schedules” pursuant to City policy.
6.2 One-Time Payment
The City shall provide a one-time payment of $2,000 to all unit members who are: 1) actively employed by the City on the date of Council adoption of this MOU; and, 2) actively employed by the City on the date of payment in 2025. Said one-time payment to be paid to eligible employees no later than the second full pay period after Council adoption of this MOU. The one-time payment is non-pensionable and subject to all applicable withholdings.6.3 Reopeners
The contract will not re-open unless mutually agreed to in writing by authorized representatives of the City and the Association.
SECTION 7 Hours of Work and Flexibility of Schedule
7.1 Standard Workday
The standard workday for most non-sworn employees is eight (8) hours per day.
However, the 8-hour schedule is intended to be flexible in nature with pre-approval of the Department Director and consistent with wage and hour legal requirements, with the employees having the option of starting before 8:00 a.m., working after 5:00 p.m., taking a half-hour non-paid duty-free lunch break, or any combination of the above or other option.
8 The City Manager is authorized to designate other, alternative, work periods and working hours for employees when, in their opinion, the best interest of the City may be served by such adjustment of the standard work periods and hours. The procedure for making adjustments in the standard work period and hours shall be consistent with any applicable legal obligations.
SECTION 8 Bilingual Premium Pay
The City shall pay $25 per bimonthly pay period to individuals that are fluent in a foreign language or American Sign Language (ASL) who are routinely and consistently assigned to positions requiring communication skills in languages other than English. The determination of the need of the community for employees fluent in a language shall be determined by the City Manager or designee. The determination of the employee's fluency shall be by a mutually agreed upon procedure. The Parties agree that to the extent permitted by law, bilingual premium pay is special compensation and shall be reported as such pursuant to the Title 2 CCR Sections 571(a)(4) and 571.1 (b)(3).
SECTION 9 Holidays
As provided in the Personnel Rules and Regulations, Rule 10, full-time and part-time regular and probationary employees receive holiday pay. Holiday pay for each observed City holiday is eight (8) hours/credits for each holiday listed below, including floating holidays (personal days). In the case of part-time regular employees, holiday pay for each observed City holiday will be pro-rated based on the employee’s number of regularly scheduled work week hours. In order for an employee to receive compensation for a holiday, the employee must be in a pay status (working, vacation, sick leave, worker’s compensation, scheduled day off) the day prior to and the day following the holiday.
Holidays will be observed by the City as follows:
1) January 1 (New Year’s Day) 8) Veteran’s Day (Observed) 2) Martin Luther King Jr.’s Birthday 9) Thanksgiving Day (Observed) 10) The Friday following Thanksgiving Day
3) Washington’s Birthday (Observed) 11) December 24
4) Memorial Day 12) December 25
5) June 19, Juneteenth 13) December 31
6) July 4, Independence Day 14) Two Floating Holidays (Personal Days) 7) Labor Day based upon Employment on January 1st
9 SECTION 10 Vacation
10.1 Vacation Accrual for New Employees
No employee who has served less than six months shall be eligible to use their vacation credits regardless of their accrual during the initial six months of employment. However, upon completion of six months of service, the employee will then be eligible to use accrued vacation hours.
10.2 Vacation Accrual Tables
Employees are subject to the following vacation accrual schedule:
Years Employed Monthly Accrual
0 - 5 years 10.67 hours (16 days annual)
5 – 10 years 14.00 hours (21 days annual)
10 years+ 17.33 hours (26 days annual)
Vacation accrual shall begin with the first hour of work. Vacation shall accrue on the basis of regular hours on payroll status and shall not accrue to overtime worked.
Vacation accrual is capped at no more than 18 times an employee’s monthly vacation accrual at any time. Upon reaching the vacation accrual cap the employee will cease to accrue vacation until the balance is below the accrual cap.
Regular employees who work fifty percent (50%) of full-time or more shall accrue vacation credits in proportion to their time worked.
SECTION 11 Longevity Incentive Plan
11.1 Longevity Earned
The City recognizes employees that make a commitment to continue their employment long-term. After each five-year period of continuous, full-time employment, a regular employee shall receive forty (40) hours of bonus vacation time posted to their vacation accrual balance, up to the vacation accrual cap.
11.2 Non-Recurring Leave
The bonus week of vacation shall not increase the employee’s vacation accrual rate.
The forty (40) hours of vacation is a one (1) time bonus for the year in which it is earned through the employee’s length of service.
10 SECTION 12 Personal Time Off
Effective July 1, 2021, and each subsequent year of the agreement, all members covered by this MOU are eligible to use up to eighty (80) hours of paid time off for personal leave. This time shall be placed on the employees books effective every July 1, commencing July 1, 2021.
The employee can use this time off all at once or in as little as one (1) hour increments. These hours shall have no cash value, shall not be eligible for payment upon termination of employment, and shall not be transferable from one year to the next. Each employee is eligible for the full eighty (80) hours of paid time off regardless of the duration of their employment.
SECTION 13 Sick Leave
Regular and probationary employees earn sick leave at the rate of eight (8) hours per month.
Sick leave accrues on the basis of hours worked, therefore regular and probationary employees who work fifty percent (50%) of full-time or more shall accrue sick leave credits in proportion to their time worked. Unused sick leave shall accumulate from year to year. Sick leave shall be used only in the case of necessity of actual sickness or disability. Sick leave may not be used before it is earned. Sick leave may be used for medical and dental appointments. See Personnel Rules/Regulations, Rule 10.3 for more details that apply to the accrual and use of sick leave.
SECTION 14 Health Insurance
14.1 City Contribution
The City shall provide medical coverage for employees through the California Public Employees’ Retirement System (“CalPERS”) Health Benefits Plan. The maximum monthly medical premium paid by the City for employee’s medical coverage shall be as follows:
Effective as soon as administratively possible but not later than the start of the second full month after Council adoption the City shall provide the following contributions for full time employees:
Employee only: 100% of the premium, regardless of plan.
Employee plus 1 dependent: an amount equal to the Region 1 Kaiser Employee + one dependent rate.
Employee plus 2 or more dependents: an amount equal to 85% of the Region 1 Kaiser Family rate.
The maximum monthly medical premium described above includes the Public Employees’ Medical and Hospital Care Act (“PEMHCA”) minimum monthly contribution (currently $158 per month).
11 14.2 Employee Contribution
The employees shall pay any excess premium costs through a pre-tax payroll deduction of the employee chosen plan, unless the IRS tax code changes.
14.3 Retiree Medical Coverage
Retiree medical is available through the CalPERS Health Benefits Plan. Employees must be vested with CalPERS and retire from the City of Brentwood within the timeline set by CalPERS to be eligible to receive the retiree medical benefit.
For employees retired prior to July 1, 2012:
The City’s monthly contribution rate shall equal the Kaiser employee plus one dependent rate. This amount includes the PEMHCA minimum.
For employees hired prior to July 1, 2012 and not yet retired by that date:
The maximum premium amount paid by the City for an employee retiring on or after July 1, 2012 shall be $1,326.63 until such time that the Kaiser employee only rate exceeds this amount. At that time, the maximum medical premium amount paid by the City shall equal the Kaiser employee only rate. At no time shall the maximum medical premium amount paid by the City be less than the Kaiser employee only rate. This maximum premium amount includes the PEMHCA minimum amount.
For employees hired on or after July 1, 2012:
The maximum premium amount paid by the City for an employee retiring on or after July 1, 2012 shall be equal to the PEMHCA minimum amount. Retirees shall be responsible for payment of any excess premium costs due CalPERS. The payment method of excess premium will be prescribed by CalPERS. The City shall increase the maximum medical premium amount to match the PEMHCA minimum amount in compliance with the required PEMHCA minimum amount.
14.4 Cash In-Lieu of Medical Coverage
Employees that provide proof of alternative minimum essential medical coverage for the employee and the employee’s taxable family (individuals for whom the employee expects to claim a personal exemption deduction), may elect to receive “cash in-lieu” of medical coverage after they provide annual proof of such medical coverage to the Human Resources Department. Individual coverage and individual coverage from Covered California does not qualify as alternative minimum essential coverage for this section.
For those employees who received the “cash in-lieu” amount on or before May 1 2014, and retained the benefit, the maximum benefit amount will be $668.63.
12 The “cash in-lieu” benefit amount shall be $300 per month for: a) employees hired after May 1, 2014; or, existing employees who discontinue the City’s medical coverage and opt for “cash in-lieu” of medical coverage at a later date as long as they meet the requirements as described above.
SECTION 15 Dental Insurance
The City shall pay the premium for dental coverage for all full-time personnel and their family.
In the event that during the period of the MOU, the premiums required to maintain the current level of dental benefits are increased, the City shall pay such increased premium amounts.
Effective with Plan Year 2022, the City shall contract with their dental insurance provider for an enhanced benefit package. Any employee who enrolls in the enhanced dental benefit package shall be responsible for the difference in the premium between the basic and enhanced benefit.
SECTION 16 Vision Insurance
The City shall pay the premium for vision coverage through Vision Services Plan (VSP) that provides vision care services through participating providers. This applies to all full-time personnel and their family. In the event that during the period of the MOU, the premiums required to maintain the current level of vision benefits are increased, the City shall pay such increased premium amounts.
SECTION 17 Flexible Benefit Plan
Employees in this bargaining unit may voluntarily participate in the Flexible Benefit Plan. The plan allows employees to receive nontaxable benefits in exchange for a reduction in taxable compensation.
SECTION 18 Life Insurance
The City shall pay the premium for term life insurance and accidental death & dismemberment coverage for all members of this bargaining unit. The coverage provides for one and one-half times the employee’s annual salary to a maximum of one-hundred and fifty-thousand dollars ($150,000).
SECTION 19 Disability Insurance
The City shall contribute one hundred percent (100%) of premiums for Disability Insurance with a twenty-nine (29) day waiting period. Employees may use accrued vacation, sick leave or compensatory time off pay during the twenty-nine (29) day waiting period until the Disability benefit begins. Once the employee becomes eligible for the Disability benefit, other time off benefits may be utilized as allowed by the policy.
13 SECTION 20 Retirement Plan
The City contracts with CalPERS to provide pension benefits for employees.
20.1 Tier 1
Employees hired on or before September 30, 2010 shall be members of the CalPERS Miscellaneous Employees’ Retirement Plan 2.7% at age 55 and receive the following Optional Benefits:
Section 20042 One-Year Final Compensation.
Section 20965 Credit for Unused Sick Leave.
Section 21024 Military Service Credit as Public Service, Statutes of 1976.
Employees electing this option are fully responsible for any costs associated with the election of this benefit.
Section 21335 5% Cost-of-Living Allowance, base year 2001, for miscellaneous members and local police members only.
Section 21573 Third Level of 1959 Survivor Benefits.
All benefits included in the City retirement plan under CalPERS effective September 30, 2010 shall be maintained during the life of the contract.
20.1.1 Bargaining unit members hired as of September 30, 2010 will contribute the entire eight percent (8%) of the Employee Contribution towards retirement.
20.2 Tier 2
Employees hired on or after October 1, 2010, shall be members of the CalPERS Miscellaneous Employees’ Retirement Plan 2% at age 60 and receive the following Optional Benefits:
Section 20965 Credit for Unused Sick Leave.
Section 21024 Military Service Credit as Public Service, Statutes of 1976.
Employees electing this option are fully responsible for any costs associated with the election of this benefit.
Section 21573 Third Level of 1959 Survivor Benefits.
The retirement benefit will be calculated on a consecutive thirty-six (36) month period and the Cost of Living Allowance will be the base amount provided by CalPERS.
20.2.1 Bargaining Unit members hired after September 30, 2010 will pay the entire seven percent (7%) Employee Contribution each month for all wages that are CalPERS reportable.
14 20.3 New Members
Employees hired on or after January 1, 2013, who are “new members” as that term is defined in the Public Employees’ Pension Reform Act (PEPRA) shall be members of the CalPERS Miscellaneous Employees’ Retirement Plan 2% at age 62 retirement formula. Final compensation is based on a 36-month final compensation period, and employees will contribute at least 50 percent of the total normal cost rate for their retirement plan.
Optional benefits that are already in place under the City’s CalPERS contract and contract amendments will apply to new members unless those optional benefits are inconsistent with the PEPRA, such as the 12-month final compensation period.
SECTION 21 Deferred Compensation and Retiree Health Savings Account
21.1 Deferred Compensation
The City contracts with 457 Deferred Compensation Plan providers. The City contributes an amount equal to three percent (3%) of each employee’s salary into a 457 Deferred Compensation Plan provided by the City. In addition, employees may elect to contribute and additional fifty-five dollars ($55.00) per pay period to the 457 Plan and the City will match the contribution, totaling a one-hundred ten dollar ($110.00) monthly contribution. Contributions to the 457 Deferred Compensation Plans are subject to the annual IRS contribution limits.
21.2 Retiree Health Savings Account
The City maintains a VantageCare retiree health savings account with MissionSquare Retirement (or other mutually agreeable retiree health savings account) for all employees in the bargaining unit hired on or after July 1, 2012. The City shall contribute fifty dollars ($50) per pay period on behalf of each qualified employee to the plan. City contributions shall immediately vest to the qualified employee. The City shall pay the accounting fee as charged by the plan.
Employees may withdraw from the plan upon separation from City employment, consistent with the terms of the plan.
SECTION 22 Severability of Provisions
If any provision of this MOU should be found to be invalid, unlawful or unenforceable by reason of any existing or subsequently enacted legislation or voter initiative or by judicial authority, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU.
In the event of invalidation of any provision, the City and this bargaining unit agree to meet within thirty (30) days for the purpose of meeting and conferring with respect to such invalidation.
15 SECTION 23 Scope of Agreement
Except as otherwise specifically provided herein, the parties agree that this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring.
Neither party shall, during the term of this MOU, demand any change therein nor shall either party be required to negotiate with respect to any matter; provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. Such agreement shall be in writing and is subject to approval by the City Council.
SECTION 24 Duration
This MOU shall be effective July 1, 2024 except for those provisions of the MOU which have been assigned other effective dates as set forth above. The MOU shall remain in full force and effect through and including the thirtieth (30th) day of June, 2027 and shall continue thereafter from year to year unless at least sixty (60) days prior to the first (1st) day of July, 2027 or to the first (1st) day of July of any subsequent year, either party shall file written notice with the other of its desire to amend, modify or terminate this MOU.
IN WITNESS WHEREOF the parties have executed this MOU this ___day of ________, 2025.
BRENTWOOD MANAGERS AND CONFIDENTIAL
EMPLOYEES’ ASSOCIATION CITY OF BRENTWOOD
Tim Nielsen, Representative Tim Y. Ogden, City Manager
Sonia Agostini, Representative
Pay Schedule
Managers and Confidential
Attachment A
Managers and Confidential
7/1/2024 1 of 3
Monthly
Salary
Accounting Manager A $ 12,075.09
Equity Adjustment - 8.17% B $ 12,678.84
C $ 13,312.78
D $ 13,978.42
E $ 14,677.34
Chief Building Official* A $ 13,740.00
Incumbent as of 2/11/2025 B $ 14,427.00
No Equity Adjustment C $ 15,148.35
D $ 15,905.77
E $ 16,701.06
Chief Building Official A $ 13,661.86
New Incumbent hired/assigned/promoted after 2/11/2025 B $ 14,344.95 No Equity Adjustment C $ 15,062.20
D $ 15,815.31
E $ 16,606.08
Chief Financial Operations Officer
Chief Information Systems Officer* A $ 13,716.87
Incumbent as of 2/11/2025 B $ 14,402.71
No Equity Adjustment C $ 15,122.85
D $ 15,878.99
E $ 16,672.94
Chief Information Systems Officer A $ 13,328.64
New Incumbent hired/assigned/promoted after 2/11/2025 B $ 13,995.07 No Equity Adjustment C $ 14,694.82
D $ 15,429.56
E $ 16,201.04
City Clerk A $ 12,376.97
Equity Adjustment - 3.36% B $ 12,995.82
C $ 13,645.61
D $ 14,327.89
E $ 15,044.28
Development Services Manager A $ 13,003.55
Equity Adjustment - 4.66% B $ 13,653.73
C $ 14,336.42
D $ 15,053.24
E $ 15,805.90
Classification will be abolished - 2025 Class & Comp Report Results Effective 7/1/2024
(4% salary increase + Equity
Adjustment, if applicable)
Pay Schedule
Managers and Confidential
Attachment A
Managers and Confidential
7/1/2024 2 of 3
Monthly
Salary
Effective 7/1/2024
(4% salary increase + Equity
Adjustment, if applicable)
Economic Development Manager* A $ 13,740.00
Incumbent as of 2/11/2025 B $ 14,427.00
No Equity Adjustment C $ 15,148.35
D $ 15,905.77
E $ 16,701.06
Economic Development Manager A $ 13,003.55
New Incumbent hired/assigned/promoted after 2/11/2025 B $ 13,653.73 No Equity Adjustment C $ 14,336.42
D $ 15,053.24
E $ 15,805.90
Economic Development/Planning Manager
Engineering Manager A $ 14,003.40
Equity Adjustment - 3.93% B $ 14,703.57
C $ 15,438.75
D $ 16,210.69
E $ 17,021.22
Fleet/Facilities Maintenance Manager A $ 11,493.24
Equity Adjustment - 5.09% B $ 12,067.90
C $ 12,671.30
D $ 13,304.87
E $ 13,970.11
Human Resources Manager A $ 12,376.97
Equity Adjustment - 3.36% B $ 12,995.82
C $ 13,645.61
D $ 14,327.89
E $ 15,044.28
Park Maintenance Manager A $ 11,780.57
Equity Adjustment - 3.01% B $ 12,369.60
C $ 12,988.08
D $ 13,637.48
E $ 14,319.35
Planning Manager* A $ 13,740.00
Incumbent as of 2/11/2025 B $ 14,427.00
No Equity Adjustment C $ 15,148.35
D $ 15,905.77
E $ 16,701.06
Classification will be abolished - 2025 Class & Comp Report Results
Pay Schedule
Managers and Confidential
Attachment A
Managers and Confidential
7/1/2024 3 of 3
Monthly
Salary
Effective 7/1/2024
(4% salary increase + Equity
Adjustment, if applicable)
Planning Manager A $ 13,661.86
New Incumbent hired/assigned/promoted after 2/11/2025 B $ 14,344.95 No Equity Adjustment C $ 15,062.20
D $ 15,815.31
E $ 16,606.08
Purchasing Manager
Records Manager
Recreation Manager A $ 11,780.57
Equity Adjustment - 17.48% B $ 12,369.60
C $ 12,988.08
D $ 13,637.48
E $ 14,319.35
Solid Waste Manager A $ 11,493.24
Equity Adjustment - 3.67% B $ 12,067.90
C $ 12,671.30
D $ 13,304.87
E $ 13,970.11
Streets Manager A $ 11,212.92
Equity Adjustment - 2.53% B $ 11,773.57
C $ 12,362.25
D $ 12,980.36
E $ 13,629.38
Wastewater Operations Manager A $ 12,686.39
Equity Adjustment - 13.41% B $ 13,320.71
C $ 13,986.75
D $ 14,686.09
E $ 15,420.39
Water Operations Manager A $ 12,075.09
Equity Adjustment - 7.95% B $ 12,678.84
C $ 13,312.78
D $ 13,987.42
E $ 14,677.34
* Employees hired/assigned/promoted and meet criteria in MOU Section 6.1 Classification will be abolished - 2025 Class & Comp Report Results Classification will be abolished - 2025 Class & Comp Report Results
CITY COUNCIL AGENDA ITEM NO. H.2
02/11/2025
SUBJECT: Approve and Authorize City Manager to Implement Compensation Summary between City of Brentwood and the Unrepresented Executive and Senior Management Employees for the period of July 1, 2024 through June 30, 2027; and Adopt Appropriations Amendments to the 2024/25 – 2025/26 Operating Budget
DEPARTMENT: Human Resources
STAFF: Sukari Beshears, Director of Human Resources/Risk Manager Tim Ogden, City Manager
TITLE/RECOMMENDATION
Adopt Resolution: 1) Approving and Authorizing the City Manager to Executive the Compensation Summary between the City of Brentwood and the Unrepresented Executive and Senior Management Employees for the period of July 1, 2024 through June 30, 2024; 2) Approving the Pay Schedule in accordance with the California Code of Regulations, Title 2, Section 570.5 and Authorizing the Director of Human Resources to make ministerial revisions to the Pay Schedule to reflect the changes; and 3) Adopting Appropriations Amendments to the 2024/25 – 2025/26 Operating Budget.
The proposed actions will ensure there is a current Compensation Summary for Unrepresented Executive and Senior Management Employees.
FISCAL IMPACT
Personnel costs are by far the largest category of General Fund spending and, with an original budget of $49.2 million in FY 2024/25, comprise nearly 2/3 of General Fund appropriations.
The additional Operating Budget expenditure increase required for this item is as follows:
CITY COUNCIL AGENDA ITEM NO. H.2
02/11/2025
The General Fund two-year projection presented during the Mid-Year Operating Budget review in January factored in these expenditure increases. As such, approval of this item will not impact staff’s General Fund results projection.
BACKGROUND
The City’s interest is to be fair and equitable to employees and to maintain competitive salaries and benefits. The City will also continue to chart a fiscally sustainable path into the future for its employees, and the citizens it serves, by maintaining reserves and avoiding increases to unfunded obligations.
The changes to salary benefits for the unrepresented employees (executive and senior management) are generally consistent with the salary, health, and welfare benefits approved by Council for other represented employees as outlined below:
Executive and Senior Management Employees
All unrepresented executive and senior management employees as outlined in the salary schedule are authorized to receive the following changes to salary benefits effective July 1, 2024 through June 30, 2027. The following summarizes the substantive items proposed:
Salary COLA Adjustments – Employee will receive a ten percent (10%) COLA salary increase over a period of three (3) years (4% effective July 1, 2024; 3% effective July 1, 2025; and 3% effective July 1, 2026). Equity Salary Adjustments – Most employees will receive an equity adjustment effective July 1, 2024, as outlined in the salary schedule consistent with internally aligned salary studies. Some employees have an equity adjustment of 0%.
Personal Time Off – Effective July 1, 2024, the employee will receive eighty (80) hours, and eighty (80) hours every July 1 annually thereafter (previously Executive Management received 40 hours while Senior Management already receive 80 hours).
One-Time Payment – $2,000 if actively employed by the City on the date of adoption by City Council and actively employed by the City on the date of payment.
Professional Dues – Effective January 1, 2025, employees who participate in professional associations, organizations, and continuing educational programs for directly related professional growth, and the direct benefit of the City for membership dues, and professional certifications may seek
CITY COUNCIL AGENDA ITEM NO. H.2
02/11/2025
payments for the aforementioned as approved by the City Manager. The payments will not exceed $2,000 per fiscal year.
Senior Management – Police Captains
In addition to the terms noted for all others, effective July 1, 2026 to the Police Captains, with the completion of sworn peace officer service, as follows: 5-9 years, 2% total longevity pay and 15 years, 6% total longevity pay. The incentive pay for the Police Captains is consistent with approved agreements with the Brentwood Police Lieutenants Group and the Brentwood Police Officers’ Association and is in addition to the 10-14 years, 4% total longevity pay currently in place.
Staff recommends that the City Council formally approve the Compensation Summary for the Unrepresented Executive and Senior Management Employees effective July 1, 2024. Employees must have regular status on the date of adoption to be eligible to receive the salary increases and benefit changes as outlined in the proposed Compensation Summary. Staff also recommends that City Council adopt Appropriations Amendments to the 2024/25 -2025/26 Operating Budget.
This staff report and related attachments have been reviewed by the City Attorney and outside legal counsel who specializes in employment law.
CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 6: Classification and Compensation Study
PREVIOUS ACTION
Attachment 1
DATE OF NOTICE
Not Applicable
ENVIRONMENTAL DETERMINATION
Not Applicable
ALTERNATIVE OPTION(S)
Staff does not recommend any alternative options to remain consistent with agreements already approved with other Brentwood employee associations.
CITY COUNCIL AGENDA ITEM NO. H.2
02/11/2025
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Exhibit A – Appropriations Amendments to the 2024/25 - 2025/26 Operating Budget
4. Exhibit B - Compensation Summary for the City of Brentwood Unrepresented Executive and Senior Management Employees
ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On September 28, 2021, the City Council adopted Resolution 2021-123, approving and authorizing the City Manager to execute salary and benefit adjustments to the unsworn unrepresented employees.
On October 26, 2021, the City Council adopted Resolution 2021-138, approving and authorizing the City Manager to execute salary and benefit adjustments to the sworn unrepresented employees.
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD: 1) APPROVING AND AUTHORIZING THE CITY
MANAGER TO IMPLEMENT THE COMPENSATION SUMMARY
BETWEEN THE CITY OF BRENTWOOD AND THE
UNREPRESENTED EXECUTIVE AND SENIOR MANAGEMENT
EMPLOYEES FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE
30, 2027; 2) APPROVING AMENDMENTS TO THE PAY SCHEDULE
IN ACCORDANCE WITH CALIFORNIA CODE OF REGULATIONS,
TITLE 2, SECTION 570.5 AND AUTHORIZING THE DIRECTOR OF
HUMAN RESOURCES TO MAKE MINISTERIAL REVISIONS TO THE
PAY SCHEDULE TO REFLECT THE CHANGES; AND 3) ADOPTING
APPROPRIATIONS AMENDMENTS TO THE 2024/25 – 2025/26
OPERATING BUDGET
WHEREAS, on November 12, 2024, the City Council adopted Resolution 2024- 122 approving a successor contract for the Brentwood Police Officers’ Association; and
WHEREAS, on December 10, 2024, the City Council adopted Resolution 2024- 133 approving a successor contract for the Brentwood Police Lieutenants’ Group; and WHEREAS, on February 11, 2025, the City Council has before them for consideration a resolution to approve a successor contract for the Brentwood Managers and Confidential Employees’ Association; and
WHEREAS, unrepresented sworn executive and senior management employees traditionally receive salary, health, and welfare benefit changes largely consistent with those received by the Brentwood Police Officers’ Association and the Brentwood Police Lieutenants’ Group; and
WHEREAS, unrepresented non-sworn executive and senior management employees traditionally receive salary, health, and welfare benefit changes largely consistent with those received by the Brentwood Managers and Confidential Employees’ Association.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby resolve as follows:
1. Approve and authorize the City Manager to implement the Compensation Summary between the City of Brentwood and the Unrepresented Executive and Senior Management Employees for the period of July 1, 2024 through June 30, 2027 (Exhibit B, a true and correct copy of which is attached hereto and incorporated herein).
2. Approve the Pay Schedule in accordance with the California Code of Regulations, Title 2, Section 570.5 and authorize the Director of Human Resources/Risk Manager to make ministerial revisions to the Pay Schedule as approved by Council.
3. Adopt Appropriations Amendments to the 2024/25 Operating Budget in the amount of $213,094; and to the 2025/26 Operating Budget in the amount of $193,775, as detailed in Exhibit A, a true and correct copy of which is attached hereto and incorporated herein.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 11th day of February 2025 by the following vote:
FY 2024/25 FY 2025/26
Fund Budget Increase Budget Increase
General Fund 189,116 $ $ 175,038 Citywide Park District 935 851 Housing 6,154 5,618 Solid Waste Enterprise 2,865 1,839 Water Enterprise 4,529 3,427 Wastewater Enterprise 4,969 3,696 Information Systems 3,834 2,961 Facilities Maintenance Services 346 190 Fleet Services 346 155 Total 213,094 $ $ 193,775 Exhibit A
Compensation Summary
for
City of Brentwood Unrepresented
Executive and Senior Management Employees
Approved: ______, 2025
Resolution No. 2025-
July 1, 2024 to June 30, 2027
2 Table of Contents
SECTION I Salaries .............................................................................................. 4 SECTION II Other Pay ........................................................................................... 4 SECTION III Holidays.............................................................................................. 6 SECTION IV Vacation ............................................................................................. 6 SECTION V Longevity Incentive Plan..................................................................... 7 SECTION VI Personal Time Off & Comp Payout .................................................... 8 SECTION VII Sick Leave.......................................................................................... 8 SECTION VIII Health Insurance ................................................................................ 8 SECTION IX Dental Insurance .............................................................................. 11 SECTION X Vision Insurance............................................................................... 11 SECTION XI Flexible Benefit Plan......................................................................... 12 SECTION XII Life Insurance................................................................................... 12 SECTION XIII Disability Insurance .......................................................................... 12 SECTION XIV Retirement Plan................................................................................ 12 SECTION XV Deferred Compensation and Retiree Health Savings Account......... 14 SECTION XVI Severance Pay ................................................................................. 15 SECTION XVII Severability of Provisions ................................................................. 15
3 COMPENSATION SUMMARY FOR
CITY OF BRENTWOOD EXECUTIVE AND SENIOR MANAGEMENT EMPLOYEES The City Council of the City of Brentwood hereby establishes the following salary, benefits and other provisions related to the employment of the City's Executive Management and Senior Management employees during the period of July 1, 2024 through June 30, 2027.
Employees designated as executive management and senior management are “at will” and serve at the pleasure of the City Manager or City Attorney as appropriate. This document does not supersede the Public Safety Officers Procedural Bill of Rights Act, Government Code Sections 3300-3312 for employees covered by this Act.
The City agrees that there shall be no discrimination of any kind due to race, creed, color, religion, age, national origin, medical condition, pregnancy, marital status, disability, sex, sexual orientation, gender identity, gender expression, political affiliation, or any other classification or category protected by law, against any employee or applicant for employment.
4 SECTION I Salaries
Effective July 1, 2024 through June 30, 2027, salary ranges for employees in the executive and senior management classifications as set forth in Attachment “A” which is attached hereto and made a part hereof. Salary increases will be granted as follows:
Cost of Living Adjustment (COLA) concurrent with equity adjustments below:
Effective July 1, 2024, all ranges shall be increased by four percent (4.0%).
Effective July 1, 2025, all ranges shall be increased by three percent (3.0%).
Effective July 1, 2026, all ranges shall be increased by three percent (3.0%).
Equity Adjustments concurrent with COLA adjustments above:
Classification Title Equity
Assistant City Attorney 0.19%
Assistant City Manager 6.63%
City Treasurer/Director of Finance and Information Systems 1.50% Deputy City Attorney 7.66%
Director of Community Development 4.41%
Director of Engineering/City Engineer 4.41%
Director of Human Resources/Risk Manager 4.41%
Director of Parks & Recreation 4.41%
Director of Public Works 1.50%
Police Captain 4.63%
Police Chief 4.35%
Effective July 1, 2024, the City shall provide a one-time payment of $2,000 to unrepresented executive and senior management employees who are: 1) actively employed by the City on the date of adoption in 2025; and, 2) actively employed by the City on the date of payment in 2025. Said one-time payment to be paid to eligible employees no later than the second full pay period after adoption. The one-time payment is non-pensionable and subject to all applicable withholding.
SECTION II Other Pay
A. Bilingual Premium Pay
The City shall pay $25 per semi-monthly pay period, to individuals that are fluent in a foreign language or American Sign Language (ASL) who are routinely and consistently assigned to positions requiring communication skills in languages other than English. The determination of the need of the community for employees fluent in a language shall be determined by the City Manager or designee. The determination of the employee's fluency shall be by a mutually agreed upon procedure. The Parties agree that to the extent permitted by law, bilingual premium pay is special compensation and shall be reported as such pursuant to the Title 2 CCR Sections 7571(a)(4) and 571.1(b)(3).
5 B. Management Incentive Pay
Management Incentive Pay is provided to Department Directors in recognition of their significant workloads. The Department Directors are not only responsible to coordinate the function and services provided by their department, they are accountable to respond to the unique residential/commercial growth experienced by Brentwood. These efforts must be responsive to the maintenance and improvement to the quality of life for current and future residents as well as that of future and current employees of the City.
Unless otherwise specified in an employment contract, Management Incentive Pay in the amount of 132 hours annually shall be distributed evenly in the employee’s paycheck and shall be incorporated into the PERS compensation and contribution calculation as permitted in California Section 571 Definition of Special Compensation.
C. Educational Incentive (Sworn)
The Police Chief and Police Captains are eligible to receive the following educational incentive pay:
Possession of a BS/BA Degree or P.O.S.T. Advanced Certificate shall receive an increase to base salary of five percent (5%); or
Possession of a Master’s Degree shall receive an increase to base salary of seven and one-half percent (7.5%)
The educational incentive pay shall be paid on a monthly basis. Qualifying courses and special instruction are to be pursued during the employee's off-duty time. As the approved training will be outside the area of assignment, no employee shall be allowed to attend the training while on duty. This will not restrict any employee to apply for time off, for arranging to trade shifts with another employee, or having another employee work his/her shift in order to attend classes. The time off and trading of shifts shall be pre-approved by the Police Chief or City Manager. Employees shall not be permitted to use City vehicles to attend courses to qualify for the educational supplement.
Only educational degrees from accredited institutions of higher learning qualify for the educational incentive program.
D. Uniform Allowance (Sworn)
The Police Chief and Police Captain(s) shall receive a total annual uniform allowance based on the fiscal year, July 1, in the amount of $1,500. The uniform allowance shall be paid through payroll on a pro rata basis each pay period (less applicable taxes). The total annual fiscal year uniform allowance will be pro-rated for new hires.
6 E. Professional Dues
Effective January 1, 2025, employees who participate in professional associations, organizations, and continuing educational programs for directly related professional growth, and the direct benefit of the City may seek payments for membership dues, and professional certifications as approved by the City Manager. Such payments will not exceed $2,000 per fiscal year.
SECTION III Holidays
As provided in the Personnel Rules and Regulations, Rule 10, full-time and part-time employees receive holiday pay. In order for an employee to receive compensation for a holiday, the employee must be in a pay status (working, vacation, sick leave, worker’s compensation, scheduled day off) the day prior to and the day following the holiday.
Holidays will be observed by the City as follows:
1) January 1 (New Year’s Day) 8) Veteran’s Day (Observed) 2) Martin Luther King Jr.’s Birthday 9) Thanksgiving Day (Observed) 10) The Friday following Thanksgiving Day
3) Washington’s Birthday (Observed) 11) December 24
4) Memorial Day 12) December 25
5) June 19, (Juneteenth) 13) December 31
6) July 4, Independence Day 14) Two Floating Holidays (Personal Days) 7) Labor Day based upon Employment on January 1st
SECTION IV Vacation
A. Vacation Usage New Employees
No employee who has served less than six months shall be eligible to use their vacation credits regardless of their accrual during the initial six months of employment. However, upon completion of six months of service, the employee will then be eligible to use accrued vacation hours.
B. Vacation Accrual Tables
Employees are subject to the following vacation accrual schedule:
Years Employed Monthly Accrual Annual Days
0 - 5 years 10.67 hours 16
5 – 10 years 14.00 hours 21
10 years+ 17.33 hours 26
20 years (sworn) 18.67 hours 28
Sworn employees hired on or prior to June 1, 1998, with twenty (20) years of service, vacation accrual will increase from twenty-six (26) to twenty-eight (28) days annually.
Vacation accrual shall begin with the first hour of work.
7 Vacation accrual is capped at no more than eighteen (18) times an employee’s monthly vacation accrual at any time. Upon reaching the vacation accrual cap the employee will cease to accrue vacation until the balance is below the accrual cap. Regular employees who work fifty percent (50%) of full-time or more shall accrue vacation credits in proportion to their time worked.
SECTION V Longevity Incentive Plan
A. Longevity
The City recognizes employees that make a commitment to continue their employment long-term. After each five-year period of continuous, full-time employment, a regular non-sworn employee shall receive forty (40) hours of bonus vacation time posted to their vacation accrual balance, up to the vacation accrual cap.
Employees hired or promoted into the Police Captain rank on or after July 1, 2021, will receive an additional four percent (4%) of base salary rate once they reachone hundred twenty (120) months of service as a full-time sworn peace officer in the State of California.
Effective July 1, 2026, the City will pay employees in the Police Captain rank an additional amount based on their months of service as a full-time sworn peace officer in the State of California. Those amounts shall be as follows: a total of 2% of base salary rate once they reach sixty (60) months of service as a full-time sworn peace officer in the State of California through completion of one hundred nineteen (119) months of service or a total of 6% of base salary rate once they reach one hundred eighty (180) months of service as a full-time sworn peace officer in the State of California and thereafter.
Once the required number of months has been reached, longevity incentive pay is ongoing and paid on a pay period basis. Only full-time service as a peace officer as defined in Chapter 4.5, Section 830 of the California Penal Code, and while employed with a city police agency, a county sheriff department, transit agency, or the California Highway Patrol, will be counted towards determining the months of service for purpose of Longevity Incentive Pay. Comparable law enforcement experience out of state, in a state whose training qualifies an applicant for a Basic Course Waiver from California P.O.S.T., will be evaluated on a case-by-case basis and will be counted towards the months of service.
The Parties agree that to the extent permitted by law, longevity incentive pay is special compensation and shall be reported as such pursuant to the Title 2 CCR Sections 571(a)(1) and 571.1(b)(1).
B. Non-Recurring Leave
The bonus week of vacation for non-sworn employees shall not increase the employee’s vacation accrual rate. The forty (40) hours of vacation is a one (1) time bonus for the year in which it is earned through the employee’s length of service.
8 SECTION VI Personal Time Off and Comp Payout
A. Personal Time Off
Employees are eligible for paid time off for personal leave. Effective July 1, 2024, employees are eligible to use up to eighty (80) hours. The employee can use this time off all at once or in as little as one (1) hour increments. These hours shall have no cash value, shall not be eligible for payment upon termination of employment, and shall not be transferable from one year to the next. Each employee is eligible for the full hours, based on classification, of paid time off regardless of the duration of their employment.
The time will be placed on the employees books effective every July 1.
B. Comp Payout
Employees who internally promote from a represented bargaining group that receives compensatory time off (CTO), shall have the CTO paid out at the pre-promotion classification wage rate prior to the promotion.
SECTION VII Sick Leave
Regular and probationary employees earn sick leave at the rate of eight (8) hours per month.
Sick leave accrues on the basis of hours worked, therefore regular and probationary employees who work fifty percent (50%) of full-time or more shall accrue sick leave credits in proportion to their time worked. Unused sick leave shall accumulate from year to year. Sick leave usage shall be used only in the case of necessity of actual sickness or disability. Sick leave may not be used before it is earned. Sick leave may be used for medical and dental appointments.
See Personnel Rules/Regulations, Rule 10.3 for more details that apply to the accrual and use of sick leave.
SECTION VIII Health Insurance
A. Executive and Senior Management (Sworn)
The City shall provide medical coverage for the Police Chief and Police Captains consistent with the coverage provided for members of the Brentwood Police Officers’ Association. The City shall pay medical premiums up to the full family rate for the lowest cost HMO plan offered by the City. The City currently offers health insurance benefits through the CalPERS Health Benefits Program. The City shall provide for a maximum annual increase of 10% but in no instance shall the maximum annual contribution exceed the full family rate for the lowest cost HMO plan offered by the City. In the event the medical premium increase is less than 10%, the City’s sole obligation is to pay the actual increase. The maximum amounts described herein include the PEMHCA minimum (currently $158 per month). The employees shall agree to pay any excess medical premium costs through a pre-tax payroll deduction of the employee chosen plan, unless the IRS tax code changes.
9 1. Retiree Medical Coverage
Retiree medical is available through the CalPERS Health Benefits Plan.
Employees must be vested with CalPERS and retire from the City of Brentwood within the timeline set by CalPERS to be eligible to receive the retiree medical benefit.
For existing retiree retired prior to July 1, 2012:
The maximum premium amount paid by the City shall be equal to the Kaiser employee plus one dependent rate. The maximum amounts described herein include the PEMHCA minimum (currently $158 per month). The payment method of any excess premium due from retiree will be prescribed by CalPERS.
For employees hired prior to July 1, 2012 and not yet retired by that date:
The maximum premium amount paid by the City shall be capped at $1,500 per month. If during the term of the agreement, the Kaiser employee only rate exceeds $1,500 per month, the retirees shall receive a monthly amount equal to the Kaiser employee only amount. This maximum amount includes the PEMHCA minimum (currently $158 per month). Retirees shall be responsible for payment of any excess premium costs due CalPERS. The payment method of the excess premium will be prescribed by CalPERS.
For employees hired on or after July 1, 2012:
The maximum premium amount paid by the City shall be equal to the PEMHCA minimum amount, (currently $158 per month). Retirees shall be responsible for payment of any excess premium costs due CalPERS. The payment method of excess premium will be prescribed by CalPERS. The City shall increase the maximum medical premium amount to match the PEMHCA minimum amount in compliance with the required PEMHCA minimum amount.
2. Cash In-Lieu of Medical Coverage
Executive and Senior Management sworn employees that have medical coverage by some other means, for example through a spouse, may elect to receive “cash inlieu” of medical coverage after they provide proof of such medical coverage to the Human Resources Department. Upon the loss of such coverage, employees shall notify the Human Resources Department and shall enroll in one of the medical plans offered by the City. The benefit amount shall be $668.63 per month and shall be capped at that amount. The “cash in-lieu” benefit amount shall be $300 per month for: a) employees hired after July 1, 2014; or b) existing employees who discontinue the City’s medical coverage and opt for “cash in-lieu” of medical coverage at a later date as long as they meet the requirements as described above.
10 B. Executive and Senior Management (Non-Sworn)
The City shall provide medical coverage for Executive and Senior Management nonsworn employees consistent with coverage provided for Brentwood Management and Confidential Employees’ Association. The maximum monthly medical premium paid by the City for employee’s medical coverage shall be as follows:
Effective as soon as administratively possible but not later than the start of the second full month after Council adoption the City shall provide the following contributions for full time employees:
Employee only: 100% of the premium, regardless of plan.
Employee plus 1 dependent: an amount equal to the Region 1 Kaiser Employee + one dependent rate.
Employee plus 2 or more dependents: an amount equal to 85% of the Region 1 Kaiser Family rate.
The maximum monthly medical premium described above includes the Public Employees’ Medical and Hospital Care Act (“PEMHCA”) minimum monthly contribution (currently $158 per month).
Employee Contribution
The employees shall pay any excess premium costs through a pre-tax payroll deduction of the employee chosen plan, unless the IRS tax code changes.
1. Retiree Medical Coverage
Retiree medical is available through the CalPERS Health Benefits Plan.
Employees must be vested with CalPERS and retire from the City of Brentwood within the timeline set by CalPERS to be eligible to receive the retiree medical benefit.
For employees retired prior to July 1, 2012:
The City’s monthly contribution rate shall equal the Kaiser employee plus one dependent rate. This amount includes the PEMHCA minimum.
For employees hired prior to July 1, 2012 and not yet retired by that date:
The maximum premium amount paid by the City for an employee retiring on or after July 1, 2012 shall be $1,326.63 until such time that the Kaiser employee only rate exceeds this amount. At that time, the maximum medical premium amount paid by the City shall equal the Kaiser employee only rate. At no time shall the maximum medical premium amount paid by the City be less than the Kaiser employee only rate. This maximum premium amount includes the PEMHCA minimum amount.
11 For employees hired on or after July 1, 2012:
The maximum premium amount paid by the City for an employee retiring on or after July 1, 2012 shall be equal to the PEMHCA minimum amount. Retirees shall be responsible for payment of any excess premium costs due CalPERS.
The payment method of excess premium will be prescribed by CalPERS. The City shall increase the maximum medical premium amount to match the PEMHCA minimum amount in compliance with the required PEMHCA minimum amount.
2. Cash In-Lieu of Medical Coverage
Executive and Senior Management non-sworn employees that provide proof of alternative minimum essential medical coverage for the employee and the employee’s taxable family (individuals for whom the employee expects to claim a personal exemption deduction), may elect to receive “cash in-lieu” of medical coverage after they provide annual proof of such medical coverage to the Human Resources Department. Individual coverage and individual coverage from Covered California does not qualify as alternative minimum essential coverage for this section.
For those employees who received the “cash in-lieu” amount on or before May 1 2014, and retained the benefit, the maximum benefit amount will be $668.63.
The “cash in-lieu” benefit amount shall be $300 per month for: a) employees hired after May 1, 2014; or, b) existing employees who discontinue the City’s medical coverage and opt for “cash in-lieu” of medical coverage at a later date as long as they meet the requirements as described above.
SECTION IX Dental Insurance
The City shall pay the premium for dental coverage for all full-time personnel and their family.
In the event that during the period of July 1, 2024 through June 30, 2027 in the Compensation Summary for Executive and Senior Management Employees, the premiums required to maintain the current level of dental benefits are increased, the City shall pay such increased premium amounts.
The City shall contract with their dental insurance provider for an enhanced benefit package.
Any employee who enrolls in the enhanced dental benefit package shall be responsible for the difference in the premium between the basic and enhanced benefit.
SECTION X Vision Insurance
The City shall pay the premium for vision coverage through Vision Services Plan (VSP) that provides vision care services through participating providers. This applies to all full-time personnel and their family. In the event that during the period of the Memorandum of Understanding, the premiums required to maintain the current level of vision benefits are increased, the City shall pay such increased premium amounts.
12 SECTION XI Flexible Benefit Plan
Employees in this bargaining unit may voluntarily participate in the Flexible Benefit Plan. The plan allows employees to receive nontaxable benefits in exchange for a reduction in taxable compensation.
SECTION XII Life Insurance
The City shall pay the premium for term life insurance and accidental death & dismemberment coverage for all members of this bargaining unit. The coverage provides for one and one-half times the employee’s annual salary to a maximum of one-hundred and fifty-thousand dollars ($150,000).
SECTION XIII Disability Insurance
The City shall contribute one hundred percent (100%) of premiums for Disability Insurance with a twenty-nine (29) day waiting period. Employees may use accrued vacation, sick leave or compensatory time off pay during the twenty-nine (29) day waiting period until the Disability benefit begins. Once the employee becomes eligible for the Disability benefit, other time off benefits may be utilized as allowed by the policy.
SECTION XIV Retirement Plan
The City provides and maintains membership in the California Public Employees’ Retirement System (CalPERS) for eligible employees who are miscellaneous or safety members.
A. Executive and Senior Management - Miscellaneous Members Employees hired on or before October 1, 2010, shall receive the 2.7% at 55 miscellaneous retirement benefit and receive the following Optional Benefits:
Section 20042 One-Year Final Compensation.
Section 20965 Credit for Unused Sick Leave.
Section 21024 Military Service Credit as Public Service, Statutes of 1976.
Employees electing this option are fully responsible for any costs associated with the election of this benefit.
Section 21335 5% Cost-of-Living Allowance, base year 2001, for miscellaneous members and local police members only.
Section 21573 Third Level of 1959 Survivor Benefits.
All benefits included in the City retirement plan under CalPERS effective October 1, 2010, shall be maintained during the life of the contract. Employees will contribute the entire 8% of the Member Contribution towards retirement.
Employees hired after October 1, 2010 who are “classic members” as defined by CalPERS, shall receive the 2% at 60 miscellaneous retirement benefit and receive the following Optional Benefits:
13 Section 20965 Credit for Unused Sick Leave.
Section 21024 Military Service Credit as Public Service, Statutes of 1976.
Employees electing this option are fully responsible for any costs associated with the election of this benefit.
Section 21573 Third Level of 1959 Survivor Benefits.
The retirement benefit will be calculated on a consecutive thirty-six (36) month period and the Cost of Living Allowance will be the base amount provided by CalPERS.
Employees will pay the entire 7% Member Contribution each month for all wages that are CalPERS reportable.
New Members - Employees hired on or after January 1, 2013, who are “new members” as that term is defined in the Public Employees’ Pension Reform Act (PEPRA) shall be members of the CalPERS Miscellaneous Employees’ Retirement Plan 2% at age 62 retirement formula. Final compensation is based on a 36-month final compensation period, and employees will contribute at least 50 percent of the total normal cost rate for their retirement plan.
Optional benefits that are already in place under the City’s CalPERS contract and contract amendments will apply to new members unless those optional benefits are inconsistent with the PEPRA, such as the 12-month final compensation period.
B. Executive and Senior Management - Safety Members
Employees hired on or before September 1, 2012, shall receive the 3% at 50 safety retirement benefit including the 5% Annual Cost of Living Allowance, and the one year highest compensation. Employees shall pay the full 9% member contribution to PERS on a pre-tax basis (unless the IRS tax code changes).
Employees hired after September 1, 2012 who are “classic members” as determined by CalPERS, shall receive the 3% at 55 safety retirement benefit, including the 2% Annual Cost of Living Allowance, and the three years highest compensation calculation as defined by CalPERS. Employees shall pay the 9% member contribution to PERS on a pre-tax basis (unless the IRS tax code changes).
In accordance with the Public Employees’ Pension Reform Act (PEPRA), safety members hired on or after January 1, 2013, who are “new members” as determined by CalPERS, shall receive the 2.7% at 57 safety benefit, including the 2% Annual Cost of Living Allowance, and the three years highest compensation calculation as defined by CalPERS. Members of this retirement plan shall pay 50% of the normal cost of retirement as determined annually by CalPERS on a pre-tax basis (unless the IRS tax code changes).
Safety members shall be covered by the PERS “1959 Survivor Benefit” at Level III.
14 The PERS contract for safety members includes Military Service Credit as Public Service, an optional benefit available through CalPERS. Employees electing this option are fully responsible for any costs associated with the election of this benefit.
SECTION XV Deferred Compensation and Retiree Health Savings Account A. Deferred Compensation
The City contracts with 457 Deferred Compensation Plan providers. Employees have the option to choose the plan they wish to participate in and receive a matching contribution from the City equal to fifty-five dollars ($55.00) each pay period, for a total of one-hundred ten dollars ($110.00) per month.
In addition to the matching contribution above, Senior Management employees shall receive an amount equal to four percent (4%) of their salary into a 457 Deferred Compensation Plan provided by the City. There is no matching requirement for this contribution. Contributions to the 457 Deferred Compensation Plans are subject to the annual IRS contribution limits.
B. Retiree Health Savings Account
1. Executive and Senior Management (Non-Sworn) The account shall be solely for employees hired on or after July 1, 2012 and shall allow for employer and employee contributions to the plan. The City shall contribute fifty dollars ($50) per pay period on behalf of each qualified employee to the plan. City contributions shall immediately vest to the qualified employee. The City shall pay the accounting fee as charged by the plan. Employees may withdraw from the plan upon separation from City employment.
2. Executive and Senior Management (Sworn)
Employees hired on or after July 1, 2012:
The Retiree Health Savings Account shall be solely for sworn members and shall allow for employer and employee contributions to the plan. The City shall contribute one hundred dollars ($100) per pay period on behalf of each qualified employee to the plan. City contributions shall immediately vest to the qualified employee. The City shall pay the accounting fee as charged by the plan. Employees may withdraw from the plan upon separation from City employment.
Employees hired before July 1, 2012:
The City agrees to meet with sworn members regarding the establishment of Retiree Health Savings Accounts in members’ names on the condition that the City will make no contributions to such Accounts and all members agree to contribute the minimum required amount.
15 SECTION XVI Severance Pay
Executive and Senior Management employees are “at will” and, as such, may be dismissed at any time with or without cause. The severance provision does not apply to an employee who resigns, retires or is terminated for cause. Unless otherwise specified in an employment contract, employees terminated without cause will be entitled to receive severance pay as follows:
Executive Management employees after six months employment as a Department Director, shall receive six months severance.
Senior Management employees after twelve months employment as an Assistant Department Director, shall receive three months severance.
SECTION XVII Severability of Provisions
If any provision of the Compensation Summary should be found to be invalid, unlawful or unenforceable by reason of any existing or subsequently enacted legislation or voter initiative or by judicial authority, all other provisions of this agreement shall remain in full force and effect for the duration. In the event of invalidation of any provision, the City shall meet with the employees covered by this agreement to discuss the invalidation(s).
Pay Schedule
Unrepresented Executive and Senior Management
Attachment A
Unrepresented Executive and Senior Management
7/1/2024
Monthly
Salary
Assistant City Attorney A $ 15,080.12
Equity Adjustment - 0.19% B $ 15,834.13
C $ 16,625.84
D $ 17,457.13
E $ 18,329.99
Assistant City Manager A $ 18,373.67
Equity Adjustment - 6.63% B $ 19,292.50
C $ 20,256.97
D $ 21,269.82
E $ 22,333.31
Assistant Community Development Director
Assistant Director of Public Works/Operations A $ 15,080.12 No Equity Adjustment B $ 15,834.13
C $ 16,625.84
D $ 17,457.13
E $ 18,329.99
Assistant Director of Public Works/Engineering
Assistant Director of Finance and Information Systems* A $ 15,080.12 New Incumbent hired/assigned/promoted after 2/11/2025 B $ 15,834.13 No Equity Adjustment C $ 16,625.84
D $ 17,457.13
E $ 18,329.99
Assistant Director of Finance and Information Systems A $ 15,465.60 Incumbent as of 2/11/2025 B $ 16,238.88
No Equity Adjustment C $ 17,050.82
D $ 17,903.36
E $ 18,798.53
Assistant Park and Recreation Director
City Treasurer/Director of Finance and Information Systems A $ 17,488.33 Equity Adjustment - 1.50% B $ 18,362.75
C $ 19,280.89
D $ 20,244.93
E $ 21,257.18
Deputy City Attorney A $ 12,376.97
Equity Adjustment - 7.66% B $ 12,995.82
C $ 13,645.61
D $ 14,327.89
E $ 15,044.28
Deputy Director of Public Works/Operations
Director of Community Development A $ 17,488.33
Equity Adjustment - 4.41% B $ 18,362.75
C $ 19,280.89
D $ 20,244.93
E $ 21,257.18
Effective 7/1/2024
(4% salary increase + Equity
Adjustment, if applicable)
Classification will be abolished - 2025 Class & Comp Report Results Classification will be abolished - 2025 Class & Comp Report Results Classification will be abolished - 2025 Class & Comp Report Results Classification will be abolished - 2025 Class & Comp Report Results
Pay Schedule
Unrepresented Executive and Senior Management
Attachment A
Unrepresented Executive and Senior Management
7/1/2024
Director of Engineering/City Engineer A $ 17,488.33
Equity Adjustment - 4.41% B $ 18,362.75
C $ 19,280.89
D $ 20,244.93
E $ 21,257.18
Director of Human Resources/Risk Manager A $ 17,488.33
Equity Adjustment - 4.41% B $ 18,362.75
C $ 19,280.89
D $ 20,244.93
E $ 21,257.18
Director of Parks and Recreation A $ 17,488.33
Equity Adjustment - 4.41% B $ 18,362.75
C $ 19,280.89
D $ 20,244.93
E $ 21,257.18
Director of Public Works A $ 17,488.33
Equity Adjustment - 1.50% B $ 18,362.75
C $ 19,280.89
D $ 20,244.93
E $ 21,257.18
Police Captain A $ 16,442.00
Equity Adjustment - 4.63% B $ 17,264.10
C $ 18,127.31
D $ 19,033.68
E $ 19,985.36
Police Chief A $ 19,303.84
Equity Adjustment - 4.35% B $ 20,269.03
C $ 21,282.48
D $ 22,346.60
E $ 23,463.93
* Employees hired/assigned/promoted after Council adoption 2/11/2025
CITY COUNCIL AGENDA ITEM NO. H.3
02/11/2025
SUBJECT: Declare City Owned Real Property located at 3900 Sellers Avenue as Surplus
DEPARTMENT: City Manger
STAFF: Darin Gale, Assistant City Manager
Abraham Salinas, Senior Analyst
TITLE/RECOMMENDATION
Adopt a City Council Resolution:
1) Declaring City owned real property located at 3900 Sellers Avenue, APN 015- 010-065, as Surplus;
2) Authorizing the City Manager or designee to provide notification to required parties under State Surplus Land Act; and
3) Authorizing the City Manager or designee to offer the property for sale.
FISCAL IMPACT
There is no fiscal impact associated with the process of declaring this property as surplus and offering it for sale. However, if a sale occurs, proceeds from the sale would be returned to the Agricultural Land Fund, the source of funding for the purchase of the property by the City in 2007.
BACKGROUND
The City and the Successor Agency to the Agency (“Successor Agency”) own several properties throughout the City. In 2020, staff conducted a comprehensive analysis of all City- and Successor Agency-owned properties, identifying nine (9) City properties and five (5) Successor Agency properties as surplus, with no considered use by the City or Successor Agency. With state required sales of Successor Agency owned land, staff would sell these surplus properties to facilitate development consistent with zoning laws, and to generate jobs and revenue.
On March 13, 2007, the City Council, by Resolution 2007-50, approved a Purchase and Sale Agreement with Mery Lynn Nail and Lorraine Visher for the City’s purchase of a 7-acre parcel at 3900 Sellers Avenue (the “Nail Property” or “Property”). The property was purchased for $1,080,000, using funds collected through agricultural
CITY COUNCIL AGENDA ITEM NO. H.3
02/11/2025
mitigation fees in accordance with the provisions of California Government Code Section 66000, et seq. (commonly referred to as AB 1600) for a variety of proposed uses, including an Agricultural Park and History Center. Agricultural Mitigation Fees are specifically collected to offset the impacts of development on agricultural land and to support the preservation of agricultural resources, as described in Chapter
17.730 (Agricultural Preservation Program) of the Brentwood Municipal Code.
SLA EXEMPTION
In 2023, staff collaborated with Senator Steve Glazier’s office to seek an exemption, through new legislation amending the Surplus Land Act (the SLA, Government Code Sections 54220-54234), affecting the former Nail Property. Through this effort, updated language was included in a bill adopted by the State, but the new language was general in nature and not specific to the City’s site. In August of 2024, the California Department of Housing and Community Development (HCD) released new SLA guidelines. To date, the City has been unsuccessful in qualifying for an exemption for the former Nail Property. Attachment 4 includes the section of the SLA guidelines that the City used repeatedly to request an exemption of HCD based on the use of agricultural mitigation funds.
SURPLUS LAND DECLARATION CONSIDERATION
The Property has been identified by staff as surplus based on the following considerations:
1. Unrealized Development Plans: Since its purchase in 2007, the City has been unable to secure the necessary funding or successfully develop the envisioned Agricultural Park and History Center, leaving the property underutilized.
2. Location and Infrastructure Challenges: The property is situated outside of City limits. It lacks adequate access to critical utilities, creating significant barriers to development, and requires ongoing maintenance for its existing structures and vegetation, which imposes additional costs on the City.
3. Alignment with Regional Land Use Designations: The property is located near the Contra Costa County Agricultural Core and is designated as Agricultural Lands in the County General Plan. This designation identifies its potential for alternative uses and aligns it more closely with agricultural, private-sector, or non-profit uses rather than municipal development.
4. Potential for Private Reinvestment: Selling the property would provide an opportunity to encourage private reinvestment. Proceeds from the sale could
CITY COUNCIL AGENDA ITEM NO. H.3
02/11/2025
be redirected toward other City priorities, ensuring a more effective use of City resources while promoting development consistent with regional land use objectives.
5. Inability to Secure SLA Exemption: Despite staff’s efforts, HCD has determined that the Property does not meet the SLA exemption criteria.
In order to sell City or Successor Agency owned property, the following process should be followed:
1. City staff analyzes and identifies the property as surplus. (Completed)
2. The City Council declares the property surplus. (Recommended action)
3. Compliance with the Surplus Land Act: The surplus property is submitted to the State in accordance with the Surplus Land Act (Government Code 54220 et seq.) and AB 1485. Public agencies and affordable housing developers are notified of the property's availability and given a 60-day period to consider making an offer to purchase.
4. Next Steps if No Offers or Failed Negotiations: If no offers are made by public agencies or affordable housing developers, or if negotiations with responding entities are unsuccessful, the City will proceed in accordance with Administrative/Council Policy 10-20.
If the City Council approves the recommendation to declare the property as surplus, staff will proceed with the process outlined in the previous sections. Staff has met with Harvest Time, a local non-profit organization to review potential agricultural uses for the site and they expressed support for the City Council declaring the parcel as surplus.
CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 3: Economic Development:
1.a. Encourage private re-investment though the sale of Successor Agency and City owned real Properties.
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.