CITY COUNCIL AGENDA ITEM NO. H.3
02/11/2025
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:
1. Do not approve staff’s recommendation.
2. Modify staff’s recommendation.
3. Continue item with direction for staff to return with additional information.
ATTACHMENT(S)
1. Previous Action
2. Resolution
3. Parcel Map
4. Pages from Updated SLA Guidelines 2024
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 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 purchase of a 7- acre real property located at 3900 Sellers Avenue APN 015-010-065.
On December 14, 2010, the City Council, by way of Resolution No. 2010-176, adopted Council/Administrative Policy No. 10-20, Disposition of City/Agency Real Estate to provide guidance for the disposition of excess or surplus real estate owned in fee title by the City of Brentwood (“City”) or the former City of Brentwood Redevelopment Agency (“Agency”).
On February 9, 2016, the City Council adopted Resolution No. 2016-11 to approve the FY 2016/17 and FY 2017/18 City of Brentwood Strategic Plan, including Strategic Initiative 4.1.f., preparation of a City-owned Parcels Plan.
On November 13, 2018, the City Council adopted Resolution 2018-153, approving an agreement with Carpenter/ Robbins Commercial Real Estate, Inc. to prepare and complete a City-owned Parcels Plan in an amount not to exceed $73,033 and amending the 2018/19 Operating Budget.
On July 14, 2020, the City Council adopted the Amended City of Brentwood Strategic Plan for FY 2020/21 — FY 2021/22, which included Strategic Priorities to facilitate development and encourage investment and implement the City's Economic Development Action Plan.
On October 13, 2020, the City Council adopted Resolution 2020-132, declaring certain real property as surplus and authorizing the City or designee to provide notification to required parties under state law and offer the properties for sale.
On May 23, 2023, the City Council adopted Resolution 2023-62, amending City Council Administrative Policy No. 10-20, Disposition of City/Agency Real Estate.
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD DECLARING CERTAIN REAL PROPERTY LOCATED
AT 3900 SELLERS AVENUE APN 015-010-065 AS SURPLUS;
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO PROVIDE
NOTIFICATION TO REQUIRED PARTIES UNDER STATE LAW AND
OFFER THE PROPERTY FOR SALE
WHEREAS, on December 14, 2010, the City Council, by way of Resolution No. 2010-176, adopted Council/Administrative Policy No. 10-20, Disposition of City/Agency Real Estate, to provide guidance for the disposition of excess or surplus real estate owned in fee title by the City of Brentwood (“City”) or the former City of Brentwood Redevelopment Agency (“Agency”); and
WHEREAS, on July 14, 2020, the City Council adopted the Amended City of Brentwood Strategic Plan for FY 2020/21 – FY 2021/22, which included Strategic Priorities to facilitate development and encourage investment and implement the City’s Economic Development Action Plan; and
WHEREAS, on October 13, 2020, by way of Resolution No. 2020-132, the City Council approved a resolution declaring certain real property as surplus and authorizing the city manager or designee to provide notification to required parties under State Law and offered the properties for sale; and WHEREAS, Government Code Sections 54220, et seq., and AB 1485 require certain actions required by a public agency to surplus real property, which may but is not limited to notifying public agencies and affordable housing developers of the availability of the real properties and provided a 60-day period to consider making an offer to purchase a property or properties; and
WHEREAS, the City of Brentwood is the owner in fee simple of certain real property located at 3900 Sellers Avenue, Brentwood, California 94513, Assessor Parcel Number 015-010-065, consisting of 316,246 square feet on 7.26 acres (the “Property”); and
WHEREAS, the sale and potential development of surplus property will provide fiscal and economic benefits for the City and community.
NOW, THEREFORE, BE IT RESOLVED that the City of Brentwood does hereby resolve as follows:
To declare certain real property located at 3900 Sellers Avenue as surplus, authorizing the City Manager or Designee to provide notification to required parties under state law and to offer the property for sale.
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:
CITY OWNED PROPERTY
Document Path: W:\GIS_Map_Room\MXDs\ECONOMIC DEVELOPMENT\City Surplus Property.mxd 1 inch = 200 feet
3900 SELLERS AVENUE
APN 015-010-065
7.26 Acres Page 270 of 276
Updated Surplus Land Act Guidelines
Final
Gavin Newsom, Governor
State of California
Tomiquia Moss, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development 651 Bannon Street, Suite 400
Sacramento, CA 95811
916-263-7400
Originally issued April 2021
August 1, 2024
16 described in Government Code section 54230.5. A local agency shall only dispose of land pursuant to this subsection through a disposition and development agreement that includes an indemnification clause that provides that if an action occurs after disposition that violates this subsection, the person or entity that acquired the property shall be liable for the penalties.
(D) A mixed-use development in rural areas of California, consisting of one or more parcels, that meets all the following conditions:
(i) The development restricts at least 25 percent of the residential units to lower-income households as affordable housing pursuant to Section 102(a) of these Guidelines. The requirements of Section 102(a) shall be contained in a covenant or restriction recorded against the surplus land at the time of sale that shall run with the land and be enforceable against any owner who violates the covenant or restriction and each successor in interest who continues the violation.
(ii) At least 50 percent of the square footage of the new construction is designated for residential use.
(iii) The development is not located in an urbanized area, as defined in Section 21094.5 of the Public Resources Code, which defines “urban” as either an incorporated city or an unincorporated area that is completely surrounded by one or more incorporated cities that meets both of the following criteria:
I. The sum of the population of the unincorporated area and the population of the surrounding incorporated cities is 100,000 or more.
II. The population density of the unincorporated area is equal to, or greater than, the population density of the surrounding cities. (E) Where the surplus land consists of more than one parcel or is one parcel that will be subdivided into multiple contiguous parcels, and the parcel(s) are eligible for one of the exemptions under Section 103(c)(7)(A)-(D), the land can be treated as one parcel by a master developer. In addition, the affordable residential units must be constructed and completed not later than the unrestricted units and non-residential portion of the development. If the mixed-use development occurs in phases, the affordability requirement must be met in each phase.
(8) Land Subject to Valid Legal Restrictions. For land to qualify for this exemption, a local agency must establish that the surplus land is subject to a legal restriction pursuant to section (A) below and meets the following criteria: 1) the restriction was not imposed by the local agency, 2) the restriction makes housing a prohibited use, and 3) there is no feasible method to mitigate or avoid the prohibition of housing on the site.
17 (A) So long as the land meets all the criteria in this Section 103(c)(8), above, valid legal restrictions include, but are not limited to, the following:
(i) Existing contracts, including leases, agreed to prior to September 30, 2019.
(ii) Easements.
(iii) Source of Funding Restrictions. Restrictions imposed by the source of funding that a local agency used to purchase a property, provided that both of the following requirements are met:
I. The restrictions require the funds be spent only on non-housing purposes.
II. The proposed disposal of the land is consistent with the requirements imposed by the funding constraints.
(iv) Other valid legal restrictions may also include federal or state statutes or regulations.
(B) A valid legal restriction shall be supported by documentary evidence establishing the valid legal restriction. Such evidence includes, but is not limited to, the following:
(i) Copies of contracts, leases, public or private grant deeds, easements, or federal or state statutes or regulations.
(ii) A written explanation describing how the legal restriction meets the criteria in section 103(c)(8).
(iii) It is not necessary for a local agency to acquire additional property rights or property interests belonging to third parties in order to attempt to mitigate housing prohibitions.
(C) Valid Legal Restrictions do not include the following:
(i) Existing nonresidential land use designations.
(ii) Covenants, restrictions, or other conditions on the property rendered void and unenforceable by any other law, including, but not limited to, Section 714.6 of the Civil Code.
(9) Surplus Trust Lands. Surplus land that was granted by the state in trust toa local agency or that was acquired by the local agency for trust purposesby purchase or exchange, and for which disposal of the land is authorizedor required subject to conditions established by statute.
CITY COUNCIL AGENDA ITEM NO. J.1
02/11/2025
SUBJECT: Consider a request from Council Member Mendoza requesting information and alternative options regarding AB 413, the traffic safety daylighting law
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Allen Baquilar, Director of Engineering / City Engineer
TITLE/RECOMMENDATION
That the City Council consider and discuss Council Member Mendoza's request that staff provide information regarding the traffic safety California Daylighting Law, AB 413, including potential alternative options.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item.
BACKGROUND
Pursuant to Rule 4.4 (b)(2) of City Council Policy 110-1, this item has been placed on the agenda so that the City Council may discuss it and provide further direction to staff. Per Section 4.4, City Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.
Assembly Bill (AB) 413 is a California law focused on daylighting, a traffic safety measure that improves visibility at intersections by restricting parking near crosswalks and corners. The law aims to reduce pedestrian and cyclist accidents caused by obstructed sightlines. The bill formally amended California Vehicle Code Section 22500 to add new provisions with these objectives (new subsection (n)).
Effective January 1, 2025, this law prohibits stopping, standing, or parking a vehicle within 20 feet of the approach side of any marked or unmarked crosswalk, even if the area lacks markings or signs that restrict parking (i.e. red curb). The primary objective of AB 413 is to prevent parked vehicles from obstructing sightlines at intersections, thereby allowing drivers and pedestrians to see each other more clearly and reducing the likelihood of collisions.
CITY COUNCIL AGENDA ITEM NO. J.1
02/11/2025
The following picture provides an example of the enhanced safety and visibility provided to pedestrians as a result of the law:
Beginning January 1, 2025, citations may be issued to vehicles parked within the restricted distance, regardless of markings.
There are no provisions included for jurisdictions to “opt-out” of AB 413. However, the law does grant authority for local jurisdictions to adjust the restricted distances to “different” distances provided both of the following requirements are met:
1. A local authority establishes the different distance by ordinance that includes a finding that the different distance is justified by established traffic safety standards.
2. A local authority has marked the different distance at the intersection using paint or a sign.
The law also grants authority for local jurisdictions to allow commercial loading and unloading within the restricted distances provided both of the following requirements are met:
CITY COUNCIL AGENDA ITEM NO. J.1
02/11/2025
1. A local authority authorizes the commercial vehicle loading and unloading by ordinance and identifies the crosswalk or crosswalks in the ordinance.
2. A local authority has marked the commercial loading and unloading areas with paint or signage.
Finally, a local authority may permit parking for bicycles or motorized scooters within 20 feet of a crosswalk, without the need for making any additional findings.
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable
PREVIOUS ACTION
Not Applicable
DATE OF NOTICE
Not Applicable
ENVIRONMENTAL DETERMINATION
Not Applicable
ATTACHMENT(S)
None