Brentwood Agreement Usa - PDF by lxr46823

VIEWS: 0 PAGES: 92

Brentwood Agreement Usa document sample

More Info
									                                     October 14, 2008
                                  CITY OF BRENTWOOD
                     CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA
                City Council Chamber, 734 Third Street, Brentwood, CA 94513

       A complete packet of information is available for public review at City Hall or on our website at
                                          www.ci.brentwood.ca.us

Any disclosable public records related to an agenda item for the open session of this meeting distributed
to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at
City Hall, located at 708 Third Street during normal business hours .These writings will also be available
for review at the City Council meeting in the public access binder in the entrance of the City Council
Chambers.

                     JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING
                                          7:00 P.M.

Pledge of Allegiance
Roll Call

PRESENTATIONS

Recognition of Airman 1st Class Joshua Jorgensen (B. Taylor)

PUBLIC COMMENTS
At this time the public is permitted to address the City Council/Redevelopment Agency on items that are on the Consent Calendar,
Requests for Future Agenda Items, or items not on the agenda. Persons addressing the City Council/Redevelopment Agency are
required to limit their remarks to five (5) minutes unless an extension of time is granted by the Mayor subject to approval of the City
Council/Redevelopment Agency. Please file your name with the Mayor on the form provided at the podium. Speakers desiring
answers to questions should direct it to the City Council/Redevelopment Agency and, if relevant, the City Council/Redevelopment
Agency may direct it to the appropriate staff member.


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

1.        Approve minutes of the City Council/Redevelopment Agency meeting of September 23, 2008.
          (M. Wimberly)

2.        Adopt a Resolution approving the purchase of playground apparatus for Apple Hill Park from
          Miracle Playsystems Inc. and authorizing the City Manager or her designee to execute a
          purchase order in the amount of $58,885.25 and necessary documents and amend the budget
          sheet for Parks Play Equipment Replacement CIP Project Number 352-52410. (C. Bronzan/R.
          Stromgren/B. Margesson)

3.        Adopt a Resolution approving and authorizing the City Manager to sign Amendment No. 1 to
          Affordable Housing Agreement between the City of Brentwood and Discovery Builders, Inc., for
          Subdivision 8954 (Prewett Ranch) (C. McCann/K. Reed)
4.       Adopt a Resolution approving Temporary Use Permit No. 08-16 allowing the Chamber of
         Commerce to close several downtown streets and temporarily establishing no parking restrictions
         and tow away zones, as part of allowing the use of City-owned property for the Hometown
         Halloween for one day, Saturday, October 25th, between the hours of 4:00 pm and 8:30 pm.,
         located within the downtown. (C. McCann/J. Zilm)

5.       Adopt a Resolution accepting off-site public utility improvements for maintenance; accepting the
         Maintenance Bond; and releasing the Improvement Securities for Encroachment Permit No. 08-
         91, Lighthouse Baptist Church, located at 2250 Jeffery Way. (B. Grewal/H. Silfies)

6.       Adopt a Resolution accepting the work performed by MCK Services, Inc. for the 2008 Pavement
         Management Program, CIP Project No. 336-30830, and directing the City Clerk to file a Notice of
         Completion with the County Recorder. (B. Grewal/A. Salam)

7.       Adopt a Resolution to adjust the employer health benefits contribution for all sworn and non-
         sworn staff as provided in Brentwood Employees’ Association (Miscellaneous and Public Works
         Divisions) and Brentwood Mid-Management Groups bargaining unit labor agreements extended
         through June 30, 2009; and the 2008/09 – 2011/12 Brentwood Police Officers Association
         bargaining unit labor agreement. (K. Chew/P. Standley)

8.       Adopt a Resolution (1) approving and authorizing the City Manager or designee to execute a
         Reimbursement Agreement with New Urban Communities Partners, in an amount not to exceed
         $185,143.75; and (2) approving and authorizing the City Manager or designee to execute a
         Professional Services Agreement with Raney Planning & Management, Inc. for preparation of the
         Environmental Impact Report related to the Sciortino Ranch project, in an amount not to exceed
         $148,115. (C. McCann/E. Nolthenius)

9.       Adopt a Resolution 1) approving the contract documents, awarding the bid and authorizing the
         City Manager or designee to execute a construction contract and necessary documents with
         Enterprise Roofing Service, Inc. for Bid Package #1, Re-roofing work associated with the Library
         Relocation project, CIP No. 337-37194, in an amount of $47,745, plus a 10% contingency of
         $4,774.50, for a total amount of $52,519.50 and 2) amending the CIP Budget Sheet for the
         Library Relocation project, CIP No. 337-37194. (K. Chew/G. Leech)

Redevelopment Agency Consent Items:

10.      Approve warrants from Warrant lists dated September 10; September 17 and September 24,
         2008. (P. Ehler/L. Schelbert)

PUBLIC HEARINGS
Persons addressing the Council/Redevelopment Agency are asked to file their name with the Mayor on the form provided at the
podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These
regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public
Comments.

11.      Amend the 2008/2009 Cost Allocation Plan and Schedule of City Fees to include fees associated
         with the use of the Brentwood Senior Activity Center, Summerwood Park, Brentwood Family
         Aquatic Complex, Heritage High School Pool, the City’s mobile stage/portable bleachers and
         facility rentals. (C. Bronzan/P. Scherff)
NEW BUSINESS

12.       Informational presentation on the Code Enforcement Program (C. McCann/L. Kidwell)

13.       Receive verbal report on the City’s financial condition (P. Ehler)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, SUBCOMMITTEES AND
LIAISONS: This portion of the agenda is to provide an opportunity for Council Members to report on
attendance at events, subcommittee meetings, and entities on which the Council Member has been
appointed as a liaison.

REQUEST FOR FUTURE AGENDA ITEMS:

      I   NEW REQUESTS (Council Members wishing to have an agenda item placed on a future agenda
          shall make a request under this section of the agenda. These items will be included on the
          agenda for the next Council meeting).

ADJOURNMENT

                                                        NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled
parking is available at the City Hall Parking lot. If you are a person with a disability and you need disability-related
modifications or accommodations to participate in this meeting, please contact the City Clerk’s Office at (925) 516-
5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

                                            POSTING STATEMENT
On October 9, 2008, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City
Hall, 708 Third Street, Brentwood, CA 94513 and at our website www.ci.brentwood.ca.us
Minutes for City Council and Redevelopment Agency Meeting                                              Page 1 of 5



                                                                                  CITY OF BRENTWOOD
                                                                                     CITY COUNCIL AND
                                                                              REDEVELOPMENT AGENCY
                                                                                     MEETING MINUTES
                                                                                    TUESDAY, 7:00 P.M.
                                                                                   SEPTEMBER 23, 2008
                                                                                    COUNCIL CHAMBER

     Chris Becnel                              Robert Taylor, Mayor                          Brandon Richey
     Robert A. Brockman                                                                    Erick Stonebarger


     CALL TO ORDER CITY COUNCIL/REDEVELOPMENT AGENCY/BRENTWOOD
       INFRASTRUCTURE FINANCING AUTHORITY - 734 Third Street, City Council Chamber (07:01
       PM)

     Pledge of Allegiance - Roger Moore (07:01 PM)

     Roll Call (07:02 PM)
     Present: Becnel; Brockman; Richey; Stonebarger; Taylor

     PRESENTATIONS (07:02 PM)

     A. Presentation recognizing the City of Brentwood as a 2008 "Playful City USA" community by
        KaBOOM! (C. Bronzan/S. Barry/B. Gary)

        0a




     Parks and Recreation Supervisor, Barbara Gary, explained the "Playful City USA" award.

     Parks and Recreation Supervisor, Sue Barry, explained why the City had been selected and honored
     as a playful city, and stated children’s well-being, public safety and quality of life, as well as and the
     City’s wellness policy had assisted in obtaining the award.

     Mayor Taylor thanked everyone involved in making the City a "Playful City USA".

     PUBLIC COMMENTS (07:11 PM)

     Kathy Fredenberg spoke regarding the City Park and asked why the City had not considered moving
     the Civic Center facility to other sites. She felt the Civic Center would cost $83 million and the public
     was concerned about the cost and where the funding would come from since development fees had
     stopped. She expressed concerns about City services being cut and felt Council was not acting in
     the best interest of the public.

     Clint Fredenberg said he was concerned about the staff and students of Liberty High School and felt
     the community parking garage would be a hazard. He asked about emissions and the light at Pine
     Street and Second Street. He felt the current placement of the garage was unacceptable and would
     not be easy for the Police Department to watch. The plan for the Civic Center would change
     community events and costs were not right. There was a need for a new City Hall facility but not by
     taking over City Park. He asked the park be named Brentwood Grove, and said the community
     center and library should stay where they were and the Civic Center should not be downtown.

     Dr. Merrill Grant, Brentwood Union School District Superintendent, spoke regarding the regeneration
     of the railway line through the middle of the City. The School District had concerns regarding the
     railway line becoming active again after being dormant for a number of years. There were 8,000
     students and hundreds were going over the tracks every day by foot or by vehicle. The School
     District was concerned for the safety of the children and residents and pledged to work with Council
     to represent the safety concern for the children. He asked to be a part of the discussion with the City
     and Union Pacific Rail Road officials.

     Jeffrey Hatfield said he was concerned about the ordinance regarding people’s property and rights to
     store or house personal property in and on their own real estate. He needed information on how to




http://brentwood.granicus.com/MinutesViewer.php?clip_id=861                                              10/6/2008
Minutes for City Council and Redevelopment Agency Meeting                                         Page 2 of 5



     get the ordinance repealed.

     David Fletcher asked for information on the rail line and said he agreed with people from the School
     District. He was in support of caring about the children and said the children need a safe place to
     play and grow. He had worked in public safety and said when rail lines went through cities there
     were major accidents. He asked about safety for the community.

     Barbara Russell Cambra, Area Agency on Aging representative, said she had attended the fall
     prevention coalition meeting regarding older adults and falling was not to be accepted. She
     presented a pamphlet and spoke about exercise and good habits for seniors.

     CONSENT CALENDAR (07:35 PM)

     1. Approved minutes of the City Council/Redevelopment Agency/Brentwood Infrastructure Financing
         Authority meeting of September 9, 2008. (M. Wimberly)

        01




     2. Approved the appointment of Garibaldi Laranang to the Brentwood Advisory Neighborhood
         Committee (BANC). (C. Bronzan/B. Gary)

        02




     3. PULLED FOR DISCUSSION - Approve recommendation from City of Brentwood Park and
        Recreation Commission for conceptual design for the Agricultural Park and History Center (CIP
        Project #352-52401). (C. Bronzan)

        03




     4. PULLED FOR DISCUSSION- Accepted Annual Report on the Parks, Trails, and Recreation
        Master Plan at the recommendation of the Park and Recreation Commission. (C. Bronzan/T.
        Homan)

        04




     5. PULLED FOR DISCUSSION - Authorize the Mayor and Vice Mayor to represent the City in
        regional discussions with elected officials and Union Pacific representatives regarding the future
        activation of the Mococo line and to work with staff on efforts to secure funding for Brentwood’s
        corridor improvements. (C. McCann/L. Maurer)

        05




     6. Adopted Resolution 2008-238 accepting all off-site public improvements; accepting the
         Maintenance Bond; and releasing the Improvement Securities for DR 05-11, Kinder Care, located
         along Eagle Rock Drive, south of Balfour Road and west of John Muir Parkway. (B. Grewal/D.
         Galey)

        06




     7. Adopted Resolution 2008-239 approving the contract documents, awarding the bid and
         authorizing the City Manager or designee to execute a construction contract and necessary
         documents with William G. McCullough, for the Brentwood Business Park Improvements, CIP
         Project No. 336-31682, Water Distribution System Rehabilitation, CIP Project No. 562-56210 for
         Bid Alternate "A", and Storm Drain Improvements, CIP Project No. 391-39010 for Bid Alternate
         "B", Co., in an amount of $1,349,230.20, plus a 5% contingency of $67,461.51, for a total amount
         of $1,416,691.71. (B. Grewal/A. Salam)

        Council Member Stonebarger abstained on Item 7 due to a possible perception of a conflict.

        07




     8. Adopted Resolution 2008-240 approving Temporary Use Permit No. 08-17 to close several
         downtown streets and temporarily establishing no parking restrictions and tow away zones, as
         part of allowing the use of City-owned property and approving a fee waiver in the estimated
         amount of $4,932.16 for the staging of the annual Art, Wine and Jazz Festival, for two days,
         starting at 6:00 a.m. on Saturday, October 11, 2008 and ending at 9:00 p.m. on Sunday, October
         12, 2008. (C. McCann/J. Zilm)




http://brentwood.granicus.com/MinutesViewer.php?clip_id=861                                          10/6/2008
Minutes for City Council and Redevelopment Agency Meeting                                           Page 3 of 5




        08




     Redevelopment Agency Consent Items:

     9. Approved warrants from Warrant lists dated August 27, 2008 and September 03, 2008. (P.
         Ehler/L. Schelbert)

        09




     CONSENT CALENDAR ACTIONS (07:35 PM)

     Motion: Approve Consent Calendar items 1 - 9, except for Items 3, 4, and 5. Council Member
     Stonebarger abstained on Item 7.
     Moved by Brockman, seconded by Stonebarger.
     Vote: Motion carried 5-0.
     Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

     3. Approve recommendation from City of Brentwood Park and Recreation Commission for
        conceptual design for the Agricultural Park and History Center (CIP Project #352-52401). (C.
        Bronzan)

     Director of Parks and Recreation, Craig Bronzan, said the City had purchased the Nail Property in
     March 2007. Staff had worked on a conceptual plan with a number of community organizations on
     the future agricultural park. Public meetings had been held with the East Contra Costa Historical
     Society, Delta Informal Gardners, Friends of Marsh Creek, and Native Plant Society, and the City
     had worked with the architect, Abey Arnold. The conceptual plan was before Council and he
     requested approval of the Park and Recreation Commission’s recommendation on the conceptual
     plan. Staff would then start working on a phasing plan and working with a variety of organizations.

     Pat Moore, Delta Informal Gardeners, said the main objective was to beautify and educate the
     community. She spoke about the Nail Property and asked to secure acreage to perpetuate the
     garden club for the years ahead.

     Steve Hendrickson said Delta Informal Gardeners supported the plan and felt the Historical Society
     would be good stewards of the property.

     Motion: Approve the recommendation from City of Brentwood Park and Recreation Commission for
     conceptual design for the Agricultural Park and History Center (CIP Project #352-52401).
     Moved by Taylor, seconded by Becnel.
     Vote: Motion carried 5-0.
     Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

     4. Accept Annual Report on the Parks, Trails, and Recreation Master Plan at the recommendation of
         the Park and Recreation Commission. (C. Bronzan/T. Homan)

     Director of Parks and Recreation, Craig Bronzan, presented a staff report and said the Parks,
     Trails, and Recreation Trail Master Plan was to inform Council and the community about the work
     plan for the preceding year, achievements, and projects for the coming year. Approximately one
     year ago, vandalism in parks was about $70,000 and this past year the cost was approximately
     $31,000.

     Mayor Taylor encouraged citizens to contact the City upon seeing broken sprinklers or running
     water.

     Director of Parks and Recreation, Craig Bronzan, said people could call Parks and Recreation or go
     onto the City’s website and place an on-line service request to report specific problems in City parks.

     Motion: Accept Annual Report on the Parks, Trails, and Recreation Master Plan at the
     recommendation of the Park and Recreation Commission.
     Moved by Taylor, seconded by Becnel.
     Vote: Motion carried 5-0.




http://brentwood.granicus.com/MinutesViewer.php?clip_id=861                                           10/6/2008
Minutes for City Council and Redevelopment Agency Meeting                                          Page 4 of 5




     Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

     5. Authorize the Mayor and Vice Mayor to represent the City in regional discussions with elected
        officials and Union Pacific representatives regarding the future activation of the Mococo line and
        to work with staff on efforts to secure funding for Brentwood’s corridor improvements. (C.
        McCann/L. Maurer)

     Vice Mayor Brockman said the City was working regionally, taking proactive action, and making an
     effort to pursue the railroad item.

     Council Member Becnel said the City was appointing the Mayor and Vice Mayor to work with the
     other cities in the area affected by the trains. He was concerned with the number of potential trains
     that could come through the City and felt it was a safety and environmental issue and the City should
     force the railroads to abide by environmental impact reports. The line had been dormant since he
     had lived here and running 40 trains per day would have impacts.

     Mayor Taylor expressed concerns and said the Council would work regionally to make sure the City
     was heard.

     Motion: Authorize the Mayor and Vice Mayor to represent the City in regional discussions with
     elected officials and Union Pacific representatives regarding the future activation of the Mococo line
     and to work with staff on efforts to secure funding for Brentwood’s corridor improvements.
     Moved by Brockman, seconded by Becnel.
     Vote: Motion carried 5-0.
     Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

     NEW BUSINESS (07:52 PM)

     10. Adopt a Resolution, on the recommendation of the Park and Recreation Commission, in support
        of the extension of the existing East Bay Regional Park District Regional Open Space, Wildlife,
        Shoreline and Parks Bond. (C. Bronzan)

        10




     Director of Parks and Recreation, Craig Bronzan, said a discussion and presentation from East Bay
     Regional Park District, related to a request to endorse the Park District’s proposed bond extension,
     was presented at the Parks and Recreation Commission meeting held August 28, 2008. The Parks
     and Recreation Commission recommended Council adopt a resolution in support of the bond
     extension, which was an extension of the 20-year bond passed in November 1988. The bond made
     possible the addition of more than 34,000 acres of regional parkland, shoreland, and provided per
     capita funds. If renewed for another 20-years, the City would receive approximately $2.3 million at
     the discretion of the City for Park and Recreation funding capital projects.

     Nancy Kaiser, East Bay Regional Park District (EBRPD), spoke about Measure WW and said
     EBRPD had nearly 100,000 acres of parklands with over 1,000 miles of trails throughout Alameda
     and Contra Costa counties, 65 regional parks and 14 million visits per year. Measure WW is a $500
     million bond based on population per capita and 25 percent of the revenues went to all the local
     agencies in both counties and included not only cities, but special districts and unincorporated
     communities. There was no change in the tax rate approved by the votes in 1988. The 25 percent
     represented $125 million in Measure WW and was based on population. She added EBRPD
     appreciated the support.

     Vice Mayor Brockman said he was in favor of the bond if there was no tax increase.

     Ms. Kaiser confirmed there was no tax increase from what the voters approved in 1988.

     Motion: Adopt Resolution 2008-241 on the recommendation of the Park and Recreation
     Commission, in support of the extension of the existing East Bay Regional Park District Regional
     Open Space, Wildlife, Shoreline and Parks Bond.
     Moved by Becnel, seconded by Brockman.
     Vote: Motion carried 5-0.




http://brentwood.granicus.com/MinutesViewer.php?clip_id=861                                          10/6/2008
Minutes for City Council and Redevelopment Agency Meeting                                 Page 5 of 5



     Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

     INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, SUBCOMMITTEES AND LIAISONS
        (08:04 PM)

     Council Member Richey reported the Neighborhood Improvement Committee had met with the
     Director of the County Housing Authority regarding the development of a memorandum of
     understanding for the sharing of information and investigation of public housing complaints.

     REQUEST FOR FUTURE AGENDA ITEMS: None (08:06 PM)

     ADJOURNMENT (08:07 PM)

     Motion: Adjourn
     Moved by Richey, seconded by Stonebarger.
     Vote: Motion carried 5-0.
     Yes: Becnel; Brockman; Richey; Stonebarger; Taylor

     Respectfully submitted,



     Cynthia Garcia, CMC
     Assistant City Clerk




http://brentwood.granicus.com/MinutesViewer.php?clip_id=861                                10/6/2008
                                CITY COUNCIL AGENDA ITEM NO. 2


Meeting Date:    October 14, 2008

Subject/Title:   Adopt a Resolution approving the purchase of playground apparatus for Apple Hill
                 Park from Miracle Playsystems Inc. and authorizing the City Manager or her
                 designee to execute a purchase order in the amount of $58,885.25 and necessary
                 documents and amend the budget sheet for Parks Play Equipment Replacement CIP
                 Project Number 352-52410.

Prepared by:     Barry Margesson, Landscape/Facilities Supervisor
                 Roger Stromgren, Landscape/Facilities Manager

Submitted by: Craig D. Bronzan, Director of Parks and Recreation


RECOMMENDATION
Adopt a Resolution approving the purchase of playground apparatus for Apple Hill Park from Miracle
Playsystems Inc. and authorizing the City Manager or her designee to execute a purchase order in
the amount of $58,885.25 and necessary documents and amend the budget sheet for Parks Play
Equipment Replacement CIP Project Number 352-52410.

PREVIOUS ACTION
On May 27, 2008, by Resolution 2008-137 City Council 1) Adopted the Negative Declaration and 2)
Adopted the 2008/09 – 2012/13 Capital Improvement Program.

BACKGROUND
The design for Apple Hill Park was approved in 1996 and construction was completed in 1997. The
playground is of wood construction, including 36 wooden support posts. The wooden posts have
demonstrated that they consistently hold moisture and have begun to rot, from the inside out. Due to
the short life span of wooden play structures, and the cost to replace them, the City of Brentwood no
longer approves this type of construction material for our play structures. Staff has received a quote
of over $50,000 just to replace the posts on this apparatus.

Staff met with the Park and Recreation Commission at its regular meeting on May 22, 2008 and
established a subcommittee to explore options and replacement recommendations. Commissioners
assigned to the subcommittee included Sandra Myers and Ernie Rodrigues. The subcommittee,
along with Parks and Recreation Department staff, met at the project site with a playground vendor
representing Columbia Cascade products, the manufacturer of the original equipment, on July 22,
2008 to look at options. At the Park and Recreation Commission meeting on July 24, 2008, the
Commission made a recommendation to replace the entire structure. The proposed design will be for
the 5 to 12 year old age group and will have a castle theme (concept plan is attached).

Quotes for the purchase of the playground apparatus were requested and were due September 12,
2008. Three quotes received are as follows:

                      VENDOR                            TOTAL AMOUNT
                      Columbia Cascade                    $74,703.33
                      Company
                      Miracle Playsystems Inc.             $58,885.25
                      All About Play                       $38,646.12
The components and features of the equipment quoted by the three companies were not fully
standardized or of uniform quality therefore, in accordance with Purchasing Policy section 6.3.2.2, the
lowest bid does not need to be awarded the contract. Staff reviewed the quotes, and compared them
to the original concept plan and budget. In addition to price, the following three factors were given the
greatest weight in choosing the successful quote:

    1. The mandatory specification under Section 2. STRUCTURE – Post And Beams in the
       Request for Quote, requiring “5” OD schedule 40 steel pipe” was met only by Columbia
       Cascade and Miracle Equipment Company. Compliance with this specification provides
       increased longevity to the play equipment’s structural supports. .
    2. The Mandatory specification under Section 1A. The structure must comply with all
       specification and recommendations related to provisions of the Americas with Disabilities Act.
       By incorporating a connector ramp between the surrounding walkway and the play structure
       deck, the design submitted by Miracle Equipment permits ADA accessibility to approximately
       80% of the structures play features. This was the only quote to show a transition directly into
       the play feature from the surrounding concrete surfacing. The existing concrete wheelchair
       ramp into the play area does not comply with the ADA standard that it be less than a 2%
       grade, and would have to be redesigned to allow ADA accessibility in the other two design
       submittals by Columbia Cascade and All About Play.
    3. The Park and Recreation Commission, Apple Hill Playground Replacement subcommittee
       members: Ernie Rodrigues and Sandra Myers reviewed the three submitted quotes and
       judged the Miracle Recreation design as containing the most innovative design, and best use
       of the existing site.

The lowest quote which met the requirements and intent of the Request for Quotes was submitted by
Miracle Playsystems Inc., and it is within the range included in the project scope of work. It is staff’s
recommendation to purchase the playground apparatus from Miracle Playsystems Inc. and move
forward with the project.

This project will be a combined effort between staff and a certified playground installer. Staff will
remove the old apparatus and prepare the site for the new construction. Staff will then go out to bid
and contract with a certified playground installer. The installing contractor will then schedule the
installation.

Estimated delivery of the play equipment from the manufacturer is 8 to 12 weeks from the date of
order. The estimated time line for completion is December 2008.

FISCAL IMPACT
The Parks Play Equipment Replacement project is currently unfunded in the adopted FY 2008/09 –
2012/13 Capital Improvement Program. Three quotes were received and based on the bids; there is
no increase to the budget and the total funding requested for FY 2008/09 is $105,000. This is a one-
time charge which will be funded by the Parks and LLD Replacement Fund. No revenue offsets are
expected due to this amendment and there will be no known future reduction of costs.

Attachment(s):
Resolution
Concept Plan
Amended CIP Budget Sheet
                                        RESOLUTION NO.


       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       APPROVING THE PURCHASE OF PLAYGROUND APPARATUS FOR APPLE HILL
       PARK FROM MIRACLE PLAYSYSTEMS INC. AND AUTHORIZING THE CITY
       MANAGER OR HER DESIGNEE TO EXECUTE A PURCHASE ORDER IN THE
       AMOUNT OF $58,885.25 AND NECESSARY DOCUMENTS AND AMEND THE
       BUDGET SHEET FOR PARKS PLAY EQUIPMENT REPLACEMENT PROJECT CIP
       PROJECT NO. 352-52410

        WHEREAS, the playground equipment at Apple Hill Park has failed and is now closed to the
public; and

        WHEREAS, on May 22, 2008 a subcommittee of the Park and Recreation Commission was
established to research options for replacement of the playground equipment at Apple Hill Park; and

       WHEREAS, on May 27, 2008, by Resolution 2008-137 City Council 1) Adopted the Negative
Declaration and 2) Adopted the 2008/09 – 2012-13 Capital Improvement Program; and

        WHEREAS, on July 22, 2008 the Park and Recreation Commission subcommittee and City
staff met with a playground equipment vendor to determine options and budget for replacement of the
existing equipment; and

        WHEREAS, on July 24, 2008, the Park and Recreation Commission approved a concept plan
to bring forward a recommendation to City Council for replacement of the play equipment; and

       WHERAS, Parks and Recreation staff requested bids for the replacement playground
apparatus and recommend that the City purchase equipment from Miracle Playsystems Inc. for
$58,885.25;

       NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood
approves the purchase of playground apparatus for Apple Hill Park from Miracle Playsystems Inc. and
authorizes the City Manager or her designee to execute a purchase order in the amount of
$58,885.25 and necessary documents and amends the budget sheet for Parks Play Equipment
Replacement Project CIP No. 352-52410.

        PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a
regular meeting held on October 14, 2008, by the following vote:
                                                                                                  CITY OF BRENTWOOD
                                                                                            Capital Improvement Program Project
                                                                                                               2008/09-2012/13
Project Title:                    Parks Play Equipment Replacement                                                                                                                                                                   Project #
Location:         Various locations City Wide                                                                                                        Redevelopment Area:                                                 No         352-52410
                                                                                                                                                     Project Mgr:                                             C. Bronzan
Project Priority:                1E - Mandatory                                                  Construction:                      City             General Plan Relationship:                               Consistent
Project Description:                                                                                                                                 Justification:
   Replace play equipment in older parks, install to meet current American with Disabilities Act Accessibility                                            Play equipment installed at various parks by the City and Developers are
   requirements and incidental new furnishings around play areas.                                                                                         aging. Replacement parts become unavailable or do not meet current
                                                                                                                                                          consumer product safety commission guidelines on safety.




                                                                                                         PROJECT FINANCING
Project Expenditures                                                            Prior                    08-09                     09-10                      10-11                  11-12                    12-13                   TOTAL
 70239 Legal

 90040 Planning and Design                                                                                                             20,000                      20,000                30,000                   50,000        $            120,000
 90050 Construction                                                                                         105,000                   556,500                     175,000               400,000                  500,000        $          1,736,500
 90070 Project Administration                                                                                                           1,000                       1,000                 1,000                    2,500        $              5,500
 90100 Land/ROW/Acquisitions
TOTAL                                                                                             $         105,000        $          577,500         $           196,000     $         431,000        $         552,500        $          1,862,000

Project Funding                                                                 Prior                    08-09                     09-10                      10-11                  11-12                    12-13                   TOTAL
 47xxx General Fund

 47xxx Facility Fees

 47xxx Enterprise

 44xxx Federal/State Funding

 46xxx Development Contributions

 48xxx Redevelopment

 47708 Parks Replacement/Unfunded                                                                           105,000                   577,500                     196,000               431,000                  552,500        $          1,862,000
TOTAL                                                                                             $         105,000        $          577,500         $           196,000     $         431,000        $         552,500        $          1,862,000
Review and Comment:                                                                                                          Future Annual Operating/Maintenance Cost -0-


   Play equipment does not meet Consumer Product Safety Commission guidelines. The City's goal is to bring older park play equipment up to current requirements and standards. Planned play equipment replacements will occur at Apple Hill and
   Curtis Parks, Creekside Park, Summerwood Park, Spirit and Glory Parks, and Homecoming Park. $105,000 for FY 2008/09 is funded by the Parks and LLD Replacement fund. The remainder of this project remains unfunded.




Project Manager:                                                               Circle One: Roads               Parks        Water          Wastewater             Community Facilities              Drainage         Developer

Project Status - Circle One:               New Project           Preliminary Phase              Design Phase            Construction Phase                                         Estimated Completion Date:
                               CITY COUNCIL AGENDA ITEM NO. 3



Meeting Date:           October 14, 2008

Subject/Title:          Adopt a Resolution approving and authorizing the City Manager to sign
                        Amendment No. 1 to Affordable Housing Agreement between the City of
                        Brentwood and Discovery Builders, Inc., for Subdivision 8954 (Prewett
                        Ranch)

Prepared by:            Kwame P. Reed, Sr. Community Development Analyst

Submitted by:           Casey McCann, Community Development Director


RECOMMENDATION
Adopt a Resolution authorizing the City Manager to sign Amendment No. 1 to Affordable
Housing Agreement between the City of Brentwood and Discovery Builders, Inc., for Subdivision
8954 (Prewett Ranch) and such other documents as may be needed to complete the
transaction.

PREVIOUS ACTION
Ordinance 842 was adopted by the City Council on April 24, 2007 making certain amendments
to Chapter 17.725, the affordable housing program.

At its meeting of June 26, 2007, the City Council authorized the City Manager to sign an
Affordable Housing Agreement with Suncrest Homes for Subdivision 8954.

On June 26, 2008, an Assignment and Assumption Agreement between Suncrest Homes and
Discovery Builders, Inc. was recorded at the County.

At its meeting on August 18, 2008, the Land Use and Development Subcommittee
recommended approval of the Amended Affordable Housing Agreement.

BACKGROUND
The final map for Subdivision 8954 was approved by the City Council on June 26, 2007. The
subdivision is located between Lone Tree Way on the north and Grant Street on the south. The
original Affordable Housing Agreement was entered with Suncrest Homes on June 26, 2007
and included the following obligation:

       Suncrest Development meets the criteria in Section 5, subsection 2(a) of the Ordinance
       as they had a RGMP application deemed complete prior to the effective date of
       Ordinance 790, and they also meet the requirements of Section 5, Subsection 2(b) 2, in
       that the all 240 lots exceed 8500 square feet. Therefore, Suncrest Development is
       allowed to fee out of the affordable housing obligation at the 5% level. Their obligation is
       as follows:

                 240 units x 5% = 12 units
                 12 X 30% = 3.6 rounded to 4 units of very-low income
                 12 X 70% = 8.4 rounded to 8 units of low income
       Ordinance 842 requires that in-lieu fees be paid at the time of the issuance of the first
       building permit; therefore the fees due at the current rate would be as follows:

               4 X $ $269,666= $1,078,664
               8 X $ 201,963= $1,615,704

       Therefore, the total in-lieu fee payment would equal $2,694,368 (if paid prior to June 30,
       2009).

At the August 18, 2008, Land Use and Development Subcommittee meeting, Discovery Builders
requested to pay a portion of their agreed-upon in-lieu fee amount based on the total number of
approved units in the first of three final maps, rather than the in-lieu fee for the entire 240-unit
development. According to Discovery Builders and confirmed by the Engineering Department,
98 units or 41% of the 240 totals units were approved on the first of three final maps when the
City Council took action approving Final Map 8954 on June 26, 2007. The Land Use and
Development Subcommittee recommended an amendment to the Affordable Housing
Agreement that would provide the following amended calculation based on the number of units
approved on the first final map:

       Amendment to the calculation:

       98 units / 240 total units = 41%
       12 units X 41% = 4.92 or 5 units
       5 X 30% = 1.5 units or 2 units
       5 X 40% = 2 units, we will round this up 3 units

       2 X $269,666 = $539,332
       3 X $201,963 = $605,889

       Total fees due with first Phase = $1,145,221(if paid prior to June 30, 2009).

The affordable obligation for future phases of this project would be calculated the same as
above and in accordance with the in-lieu fee in effect at the time of building permit issuance for
that phase.

FISCAL IMPACT
As noted above, an estimate of $1,145,221 will be collected at the time of building permit
issuance for Phase 1 or the first 41% of the project. The entire Phase 1 affordable in-lieu fee is
due with the first permit issued for that phase. As prescribed by Ordinance 842, 80% of the in-
lieu will be deposited into Housing Fund for future projects and 20% will be deposited in the
Housing Administration Fund.


Attachments
Resolution
Affordable Housing Agreement
                                       RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING
AND AUTHORIZING THE CITY MANAGER TO SIGN AMENDMENT NO. 1 TO
AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF BRENTWOOD AND
DISCOVERY BUILDERS, INC., FOR SUBDIVISION 8954 (PREWETT RANCH) AND SUCH
OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE TRANSACTION


       WHEREAS, on January 11, 2005, the City Council adopted Ordinance 790, an
Ordinance of the City Council of the City of Brentwood approving an amendment to the
Municipal Code adding Chapter 17.725 that establishes an Affordable Housing Program; and

        WHEREAS, on April 24, 2007, the City Council adopted Ordinance 842, an Ordinance of
the City of Brentwood Amending in part Chapter 17.725 of the City of Brentwood Municipal code
and Ordinance No. 790 Relating to the City’s Affordable Housing Program; and

      WHEREAS, Discovery Builders, Inc. entered into an Assignment and Assumption
Agreement with Suncrest Homes, accepting all rights, title and interest in and to the property
known as Subdivision 8954; and

       WHEREAS, Discovery Builders, Inc. assumed the Affordable Housing Agreement dated
June 26, 2007 which included an affordable housing obligation of twelve (12) units (4 very low
and 8 low); and

       WHEREAS, Ordinance 842 allows developers who comply with Section 5 of the
Ordinance to pay an in-lieu fee for the entire affordable housing obligation and Discovery
Builders is subject to this in-lieu fee obligation; and

        WHEREAS, Discovery Builders, Inc. requested payment of the affordable housing in-lieu
fee in phases, with the first to be based upon the total number of units shown on Final Map
8954 (Map 1 of 3) approved by the City Council on June 26, 2007, for a total of 98 units or 41%
of the 240 units total; and

         WHEREAS, the Land Use and Development Subcommittee recommended approval of
the partial payment request with an amendment to the original Affordable Housing Agreement
stating that all payments will be made in full at the first building permit issuance for each of the
three final maps. The payment for the first final map for Subdivision 8954 is $1,145,221 (if paid
prior to June 30, 2009).

        NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
does hereby approve and authorize the City Manager or her designee to sign Amendment No. 1
to Affordable Housing Agreement between the City of Brentwood and Discovery Builders, Inc.,
for Subdivision 8954 (Prewett Ranch) in the form of Exhibit A attached hereto, subject to minor
revisions approved by the City Attorney.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 14th day of October, 2008 by the following vote:
                               CITY COUNCIL AGENDA ITEM NO. 4



Meeting Date: October 14, 2008

Subject/Title:   Adopt a resolution approving Temporary Use Permit No. 08-16, allowing the
                 Chamber of Commerce to close several downtown streets and temporarily
                 establishing no parking restrictions and tow away zones, as part of allowing the
                 use of City-owned property for the Hometown Halloween for one day,
                 Saturday, October 25th, between the hours of 4:00 pm and 8:30 pm., located
                 within the downtown.

Prepared by:     Jeff Zilm, Senior Planner

Submitted by: Casey McCann, Community Development Director


RECOMMENDATION
Adopt a resolution approving Temporary Use Permit No. 08-16, allowing the Chamber of
Commerce to close several downtown streets and temporarily establishing no parking
restrictions and tow away zones, as part of allowing the use of City-owned property for the
Hometown Halloween for one day, Saturday, October 25th, between the hours of 4:00 pm and
8:30 pm.

PREVIOUS ACTION
On April 13, 2004, the City Council approved an amendment to the code section for Temporary
Use Permits. The amended code provides that: “Notwithstanding any other provision of this
Chapter, the City Council shall review the issuance of a Temporary Use Permit for the following
events: Cornfest, the Art and Wine Festival, Homecoming Parade, and Hometown Halloween.”

DISCUSSION
On August 6, 2008, the Brentwood Chamber of Commerce submitted an application to use City
right-of-way located in the downtown to hold its annual Hometown Halloween.

The criteria for approval, when evaluating a request for a TUP, includes consideration of
impacts on traffic, circulation, parking, visibility, noise, harmful effects on adjoining property and
any other relevant impacts or considerations of the proposed use. The proposed use may be
reasonably conditioned to mitigate identified impacts or to ensure public health, safety or
welfare.

The proposed location of the event consists of one-and-a-half blocks of Oak Street between
Diablo Way and Second Street (not to include the Second Street intersection), and First Street
approximately 100 feet north of Oak Street and mid-block between Oak Street and Chestnut
Street just north of the Grazie parking lot in the downtown. A condition of approval requires final
approval of the street closure by the Police Department.

Hometown Halloween is expected to draw more than five thousand people from the community
at large. There are proposed attractions in the right-of-way for children where candy and
informational flyers will be handed out by Brentwood businesses and the Brentwood Police
Department.
The proposed event is located within the Downtown Specific Plan area, allowing for mixed uses
including residential, commercial, office, dining, and social activities.

The proposed hours are:

                          Saturday 4:00 pm to 5:00 pm – setup
                          Saturday 5:00 pm to 8:00 pm – event
                          Saturday 8:00 pm to 8:30 pm – clean-up

This proposed event will have minimal impact upon surrounding businesses. The sections of
street will be open to foot traffic only, exposing downtown businesses to residents that may not
otherwise frequent the downtown. Closing these sections of First Street and Oak Street will still
allow traffic to circulate in the downtown. Parking will be available along adjacent streets and in
the municipal lots along Brentwood Boulevard, Second Street, and adjacent to the City Park.

FISCAL IMPACT
The total cost of providing police services for the 2008 Chamber of Commerce Hometown
Halloween has been estimated at $1,234.33 by the Brentwood Police Department based upon
past years. This cost will be reimbursed to the Police Department after the conclusion of the
event by the Chamber. The Police Department will deploy Reserve Officers and Volunteers
where appropriate to reduce personnel costs. Additionally, the applicant has paid the
application fee of $489.00 for the processing of this Temporary Use Permit.

Attachments:
    1. Resolution
    2. Exhibit A - Conditions of Approval




                                                2
                                      RESOLUTION NO.

       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       APPROVING TEMPORARY USE PERMIT NO. 08-16, CLOSING SEVERAL
       DOWNTOWN STREETS AND TEMPORARILY ESTABLISHING NO PARKING
       RESTRICTIONS AND TOW AWAY ZONES, AS PART OF ALLOWING THE USE OF
       CITY-OWNED PROPERTY FOR HOMETOWN HALLOWEEN, FOR ONE DAY,
       SATURDAY, OCTOBER 25, 2008, BETWEEN THE HOURS OF 4:00 P.M. AND 8:30
       P.M., LOCATED WITHIN THE DOWNTOWN.

      WHEREAS, the Brentwood Chamber of Commerce will be holding its annual Hometown
Halloween on October 25, 2008, an event of community significance; and

        WHEREAS, to accommodate the 2008 Chamber of Commerce Hometown Halloween, it
is requested that the following streets be closed to traffic and no parking and tow away zones be
established between 4:00 pm and 8:30 pm on October 25, 2008:

   •   Oak Street from Diablo Way to Second Street.
   •   First Street from 100 feet north of Oak Street to mid-block between Oak Street and
       Chestnut Street.

       WHEREAS, pursuant to Vehicle Code Section 21101(e), the City may temporarily close
portions of streets for parades and local special events such as the Chamber of Commerce
Hometown Halloween when the closing is necessary for the safety and protection of persons
who are to use those portions of the street during the temporary closure; pursuant to Vehicle
Code Section 22507, the City may prohibit parking on portions of streets during all or certain
hours of the day; pursuant to Vehicle Code Section 22651(b), (m), and (n), City peace officers
may remove by towing any vehicle from those portions of the street where parking is prohibited;
and

       NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
hereby approves TUP 08-16, subject to the conditions of approval set forth in Exhibit A,
attached hereto, and authorizes the closure of the streets depicted in Attachment 1 to Exhibit A,
the prohibition of parking, and the establishment of tow away zones between the hours of 4:00
pm and 8:30 pm, October 25, 2008.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
an adjourned regular meeting held on October 14, 2008 by the following vote:




                                               1
                                   EXHIBIT “A” TO
                            CITY COUNCIL RESOLUTION NO.
                        CONDITIONS OF APPROVAL FOR TUP 08-16

1. The applicant shall obtain (if necessary) an electrical permit from the City of Brentwood
   Building Division for any uses requiring electrical power.

2. The applicant shall provide documentation of City of Brentwood Police Department approval
   for street closures to the Community Development Department by October 23, 2008.

3. The applicant shall provide documentation of Health Department approval for food services
   to the Community Development Department by October 23, 2008.

4. The applicant shall provide documentation of Contra Costa County Fire Protection District
   approval for street closure accessibility to the Community Development Department by
   October 23, 2008.

5. The applicant shall provide a plan showing adequate restroom facilities to the satisfaction of
   the City of Brentwood’s Community Development Department by October 23, 2008.

6. The applicant shall provide a certificate of insurance or statement of self-insurance coverage
   naming the City as additionally insured in the amount of $1,000,000.00 for general liability,
   automobile liability, employer’s liability and errors and omissions. This document must be
   provided to the City by October 23, 2008.

7. The approved hours of operation are as follows:

                          Saturday, October 25, 2008 from 4:00 pm to 8:30 pm

8. The applicant shall provide a statement agreeing to indemnify, hold harmless, and defend
   the City, its officers, agents and employees from any and all liability or claims that may be
   brought against the City arising out of its approval of this permit, or the environmental
   determination rendered in connection with the permit approval, or arising out of the
   operation of the use or uses allowed under the permit, save and except that caused solely
   by the City’s active negligence by October 23, 2008.

9. By October 26, 2008, restore Oak Street, First Street and any areas used by the festival to
   the same or better condition prior to the event immediately following the event.

10. No booths shall be placed in front of any fire hydrants.

11. A 20-foot wide path shall be maintained down the center of all closed streets to allow access
    for emergency vehicles if needed.

12. No parking shall be allowed in front of any street closure barricades.

13. All aspects of the proposed use and street closures shall be in substantial conformance with
    Attachment 1.




                                                 2
14. The applicant shall arrange with the Public Works department for additional carts and street
    sweeping and submit documentation of approval to the Community Development
    Department by October 23, 2008.

15. In the event the Chamber of Commerce does not clean up the trash from the event, to the
    satisfaction of the City of Brentwood Public Works Division, the applicant must work with the
    Public Works Division to schedule a garbage pick-up and to have the streets swept after the
    event.




                                               3
ATTACHMENT 1 TO EXHIBIT “A” TO
 CITY COUNCIL RESOLUTION NO.
  MAP WITH STREET CLOSURES




              4
                         CITY COUNCIL AGENDA ITEM NO. 5


Meeting Date: October 14, 2008

Subject/Title:   Adopt a Resolution accepting off-site public utility improvements for
                 maintenance; accepting the Maintenance Bond; and releasing the
                 Improvement Securities for Encroachment Permit No. 08-91, Lighthouse
                 Baptist Church, located at 2250 Jeffery Way.

Prepared by:     Heather Silfies, Technical Assistant

Submitted by: Bailey Grewal, Director of Public Works/City Engineer


RECOMMENDATION
Adopt a Resolution accepting off-site public utility improvements for maintenance; accepting the
Maintenance Bond; and releasing the Improvement Securities for Encroachment Permit No. 08-
91, located at 2250 Jeffery Way and developed by Lighthouse Baptist Church (“Developer”).

PREVIOUS ACTION
None

BACKGROUND
Lighthouse Baptist Church located at 2250 Jeffery Way, previously on a septic system and well,
extended off-site sanitary sewer and water public improvements in old Jeffery Way to their
building. The improvements have been constructed and inspected for conformance with the
approved improvement plans.

As required and shown on the improvement plans, the Developer has installed the following
improvement quantities: 40 Lineal Feet (“LF”) of 6” sewer lines, one sanitary sewer manhole
and 330 LF of 8” waterlines. With the improvements now installed to the satisfaction of the City
it is the appropriate time to accept the improvements and begin the warranty period.

FISCAL IMPACT
Upon acceptance of improvements the City will incur annual costs associated with necessary
maintenance of public utilities. Sewer and water maintenance are funded through their
respective enterprise funds.

Attachments:
Resolution
Site Map
                                     RESOLUTION NO.


      A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
      ACCEPTING OFF-SITE PUBLIC UTILITY IMPROVEMENTS FOR MAINTENANCE;
      ACCEPTING THE MAINTENANCE BOND; AND RELEASING THE IMPROVEMENT
      SECURITIES FOR ENCROACHMENT PERMIT NO. 08-91, LIGHTHOUSE BAPTIST
      CHURCH, LOCATED AT 2250 JEFFERY WAY.


       WHEREAS, the required off-site sanitary sewer and water public improvements, have
been completed and constructed in substantial conformance with the approved improvement
plans.

        NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood
with respect to Encroachment Permit No. 08-91, Lighthouse Baptist Church, located at 2250
Jeffery Way that:

      1. Off-site sanitary sewer and water public improvements in Jeffery Way directly in front
         of their parcel are hereby accepted for maintenance.
      2. The Maintenance Bond to guarantee against defects in material and workmanship for
         a period of twelve months is hereby accepted.
      3. The Performance and Payment Bonds will be released within sixty (60) days of the
         passage of this Resolution.
      4. The City Clerk is hereby directed to file this Resolution with the Recorder of Contra
         Costa County.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting on the 14th day of October 2008 by the following vote:
                          CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: October 14, 2008

Subject/Title:   Adopt a Resolution accepting the work performed by MCK Services, Inc. for the
                 2008 Pavement Management Program, CIP Project No. 336-30830, and
                 directing the City Clerk to file a Notice of Completion with the County Recorder.

Prepared by:     Anthony Salam, CIP Engineering Manager

Submitted by: Bailey Grewal, Director of Public Works/City Engineer


RECOMMENDATION
Adopt a Resolution accepting the work performed by MCK Services, Inc. for the 2008 Pavement
Management Program, CIP Project No. 336-30830, and directing the City Clerk to file a Notice
of Completion with the County Recorder.

PREVIOUS ACTION
On May 27, 2008, by Resolution No. 2008-137, City Council adopted the City’s 2008/09 –
2012/13 Capital Improvement Program (“CIP”), which included the 2008 Pavement
Management Program, CIP Project No. 336-30830.

On June 10, 2008 by Resolution No. 2008-139, City Council approved the contract documents,
awarded the bid and authorized the City Manager or designee to execute a construction
contract and necessary documents for the 2008 Pavement Management Program, CIP Project
No. 336-30830, with MCK Services, Inc. in the amount of $979,575.52, plus a 10% contingency
of $97,957.55, for a total amount of $1,077,533.07.

BACKGROUND
Under Council’s direction, City staff established the Pavement Management Program (“PMP”) to
perform preventative maintenance. The PMP extends the life of streets and prevents costly
repairs. City of Brentwood streets have been ranked top in the cities and counties of the greater
San Francisco Bay Area.

The City typically conducts a survey of existing roads every three years and after analyzing the
data and input from stake holders, determination is made on which roads need immediate and
urgent pavement repairs. These repairs reduce the maintenance cost for these portions of road
for many years to come.

The 2008 Pavement Management Program project resurfaced San Jose Avenue (from Fairview
Avenue to St. Regis Avenue), Fairview Avenue (from Balfour Road to Central Boulevard),
Dainty Avenue (from Central Boulevard to Griffith Lane), North Estates Drive and Southwood
Drive. Each street was edge grinded and asphalt concrete overlaid, with San Jose Avenue
getting slurry seal from Santa Margarita Way to St. Regis Avenue.

All the improvements are complete per the plans and specifications and MCK Services, Inc. has
met its contractual obligation. Staff is making the recommendation that the work performed by
MCK Services, Inc. is accepted and the Notice of Completion be filed with the County Clerk.
FISCAL IMPACT
The total contract amount for the work performed by MCK Services, Inc. for the 2008 Pavement
Management Program, CIP Project No. 336-30830, is as follows:
                                                                  City Council
Contractor                    Actual Amount                    Approved Amount

MCK Services, Inc.          $ 712,169.27                        $1,077,533.07

The final cost was approximately 28% under the City Council approved amount for this project
and was budgeted in the adopted 2008/09-2012/13 Capital Improvement Program.

Attachments:
Resolution
Notice of Completion
                                    RESOLUTION NO.


       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       ACCEPTING THE WORK PERFORMED BY MCK SERVICES, INC. FOR THE 2008
       PAVEMENT MANAGEMENT PROGRAM, CIP PROJECT NO. 336-30830 AND
       DIRECTING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE
       COUNTY RECORDER.


       WHEREAS, on May 27, 2008, by Resolution No. 2008-137, City Council adopted the
City’s 2008/09 – 2012/13 Capital Improvement Program, which included the 2008 Pavement
Management Program, CIP Project No. 336-30830; and

       WHEREAS, on June 10, 2008 by Resolution No. 2008-139, City Council approved the
contract documents, awarded the bid and authorized the City Manager or designee to execute a
construction contract and necessary documents for the 2008 Pavement Management Program,
CIP Project No. 336-30830, with MCK Services, Inc. in the amount of $979,575.52, plus a 10%
contingency of $97,957.55, for a total amount of $1,077,533.07; and

      WHEREAS, these repairs reduce the maintenance cost for these portions of road for
many years to come; and

       WHEREAS, the 2008 Pavement Management Program project resurfaced San Jose
Avenue (from Fairview Avenue to St. Regis Avenue), Fairview Avenue (from Balfour Road to
Central Boulevard), Dainty Avenue (from Central Boulevard to Griffith Lane), North Estates
Drive and Southwood Drive; and

     WHEREAS, all the improvements are complete per the plans and specifications and
MCK Services, Inc. has met its contractual obligation.

     NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
does hereby accept the work performed by MCK Services, Inc. for the 2008 Pavement
Management Program, CIP Project No. 336-30830 and directs the City Clerk to file a Notice of
Completion with the County Recorder.

      PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a
regular meeting held on the 14th day of October 2008 by the following vote:
REQUESTED BY
   CITY OF BRENTWOOD

WHEN RECORDED RETURN TO:
   CITY CLERK
   CITY OF BRENTWOOD
   708 THIRD STREET
   BRENTWOOD, CA 94513




                                     NOTICE OF COMPLETION


NOTICE IS HEREBY GIVEN THAT:

THE CITY OF BRENTWOOD, a general law city, in the County of Contra Costa, State of California,
did, on the 10th day of June 2008, enter into an agreement with MCK Services, Inc. for the 2008
Pavement Management Program, CIP Project No. 336-30830.

The work described in the contract documents was to furnish all material, labor, and equipment
necessary for improvements to San Jose Avenue (from Fairview Avenue to St. Regis Avenue),
Fairview Avenue (from Balfour Road to Central Boulevard), Dainty Avenue (from Central Boulevard to
Griffith Lane), North Estates Drive and Southwood Drive in Brentwood, California.

On the 14th of October 2008, said contract, as a whole was completed and the work was accepted
by the City Council of the City of Brentwood.

I hereby certify under penalty of perjury that the facts set forth in the foregoing Notice of Completion
are true and correct.

Executed at Brentwood, Contra Costa County, State of California, on October 14, 2008.




By: __________________________
    Margaret Wimberly, CMC, City Clerk
    City of Brentwood, California
                              CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: October 14, 2008

Subject/Title:   Adopt a Resolution to adjust the employer health benefits contribution for all
                 sworn and non-sworn staff as provided in Brentwood Employees’ Association
                 (Miscellaneous and Public Works Divisions) and Brentwood Mid-Management
                 Groups bargaining unit labor agreements extended through June 30, 2009; and
                 the 2008/09 – 2011/12 Brentwood Police Officers Association bargaining unit
                 labor agreement.

Prepared by:     Patti Standley, Human Resources Manager

Submitted by: Karen L. Chew, Assistant City Manager


RECOMMENDATION
Adopt a Resolution to adjust the employer health benefits contribution for all sworn and non-
sworn staff as provided in Brentwood Employees’ Association (Miscellaneous and Public Works
Divisions) and Brentwood Mid-Management Groups bargaining unit labor agreements extended
through June 30, 2009; and the 2008/09 – 2011/12 Brentwood Police Officers Association
bargaining unit labor agreement. Funding for 2008/09 is included in the adopted amended
2008/2009 Operating Budget and funding for 2009/10 will be included in the proposed 2009/10
– 2010/11 Operating Budget.

PREVIOUS ACTION
The City Council adopted Resolution 2007-228 on October 9, 2007, adjusting the employer
health benefits contribution for all bargaining units and employee groups effective January 1,
2008.

The City Council adopted Resolution 2008-131 on May 27, 2008, approving and authorizing the
City Manager to sign the extension and revision of the 2003/2008 Memoranda of Understanding
for the Brentwood Employees’ Association (Miscellaneous and Public Works Divisions) and
Brentwood Mid-Management Group.

The City Council adopted Resolution 2008-167 on June 24, 2008 adopting the amended
2008/09 Operating Budget.

The City Council adopted Resolution 2008-172 on July 22, 2008 approving and authorizing the
City Manager to execute a Memorandum of Understanding between the City of Brentwood and
the Brentwood Police Officer’s Association for fiscal years 2008/09 through 2011/12, effective
July 1, 2008, which included an amendment to the 2008/09 Operating Budget.

BACKGROUND
As provided in the adopted Memoranda of Understanding (MOU), the City and bargaining units
and employee groups signed agreements that include a plan to address the impact of premium
increases. The plan provides for the City’s share of the premium to increase when rates
change, typically January of each year. The City, non-sworn and sworn employees will share
the rate increases to the full family Kaiser rate as defined by applicable MOU, until the City’s
contribution is equal to that of the Kaiser plan employee plus one dependent. The City’s
contribution will remain at this level for the term of the MOUs; one year for all bargaining units
beginning July 1, 2008 through June 30, 2009, with the exception of the BPOA, which is four
years beginning July 1, 2008 through June 30, 2012.

Staff recommends approval of the attached resolution in order to adopt the new city contribution
levels of $1,040.73 per month for non-sworn staff and $1,064.76 per month for sworn staff, as
provided for in the MOU documents. Adopting the recommended resolution at this time will
ensure the timely application by CalPERS of the increase to the employer contribution.

A resolution is required by CalPERS each time there is an adjustment to employer contributions.
The resolution covers all benefited employees. If adopted, CalPERS will recognize the attached
resolution as the official document to formally adjust the employer health benefits contributions.



FISCAL IMPACT
Funds for 2008/09 are included in the adopted, amended 2008/09 Operating Budget and
funding for 2009/10 will be included in the proposed 2009/10 – 2010/11 Operating Budget.

Attachments
Resolution
                                     RESOLUTION NO.


       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
       BRENTWOOD FIXING THE EMPLOYER’S CONTRIBUTION UNDER
       THE CALIFORNIA PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL
       CARE ACT

       WHEREAS, Government Code Section 22892(a) provides that a local agency
contracting under the California Public Employees’ Medical and Hospital Care Act shall fix the
amount of the employer’s contribution at an amount not less than the amount required under
Section 22892(b) of the Act, and

       WHEREAS, City of Brentwood is a local agency contracting under the Act; now,
therefore be it

       RESOLVED That the employer’s contribution for each employee or annuitant shall be
the amount necessary to pay the full cost of his/her enrollment, including the enrollment of
family members, in a health benefits plan up to a maximum of:

                                                         Contribution
       Code Bargaining Unit                              Per Month

       001    EES ASSOC MGT MID-MGT CONF                 $1,040.73
       002    POLICE OFFICERS ASSN                       $1,064.76

       Plus administrative fees and Contingency Fund assessments.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on October 14, 2008 by the following vote:
                              CITY COUNCIL AGENDA ITEM NO. 8



Meeting Date: October 14, 2008

Subject/Title:   Adopt a Resolution (1) Approving and authorizing the City Manager or
                 designee to execute a Reimbursement Agreement with New Urban
                 Communities Partners, in an amount not to exceed $185,143.75; and (2)
                 Approving and authorizing the City Manager or designee to execute a
                 Professional Services Agreement with Raney Planning & Management, Inc. for
                 preparation of the Environmental Impact Report related to the Sciortino Ranch
                 project, in an amount not to exceed $148,115.

Prepared by:     Erik Nolthenius, Principal Planner

Submitted by: Casey McCann, Community Development Director


RECOMMENDATION
Adopt a Resolution (1) Approving and authorizing the City Manager or designee to execute a
Reimbursement Agreement with New Urban Communities Partners, in an amount not to exceed
$185,143.75; and (2) Approving and authorizing the City Manager or designee to execute a
Professional Services Agreement with Raney Planning & Management, Inc. for preparation of
the Environmental Impact Report related to the Sciortino Ranch project, in an amount not to
exceed $148,115.

PREVIOUS ACTION
None.

BACKGROUND
The Sciortino Ranch project is a proposed mixed-use development to be located on the vacant
65-acre area east of the Sand Creek Road and Brentwood Boulevard intersection. The
applicant for the project is New Urban Communities Partners (i.e. DeNova Homes), and staff
has been working with both the applicant and Raney over the past several weeks to develop a
scope of work for the required environmental review associated with the project. The applicant
would like to move forward with the project, which includes a General Plan amendment, a
rezoning, and a tentative parcel map, independent of the Brentwood Boulevard Specific Plan
project.

Raney has been selected by both the applicant and staff as the environmental consultant for the
project, due in large part to its experience in preparing the Environmental Impact Report (EIR)
for the Brentwood Boulevard Specific Plan. The scope of work is attached for the Council’s
reference, and includes a timeline for consideration of the project by May of next year, as well
as a total cost of $148,115. Staff will need to enter into a Professional Services Agreement with
Raney for preparation of the required EIR. Pursuant to the City’s Cost Allocation Plan, a 25%
administration fee is added to the consultant cost for preparation of environmental review
documents, making the total cost to the applicant $185,143.75. Staff will need to enter into a
separate Reimbursement Agreement with the applicant to ensure payment to Raney and to
recover the 25% administration cost.
FISCAL IMPACT
The Reimbursement Agreement with the applicant requires a deposit account be maintained to
pay for the costs of preparing the EIR in an amount not to exceed $185,143.75. These consist
of the consultant agreement as well as staff time spent reviewing the environmental document
and managing the agreement.

Attachments:
    Resolution
    Reimbursement Agreement
    Professional Services Agreement




                                             2
                                     RESOLUTION NO.

       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD (1)
       APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
       EXECUTE A REIMBURSEMENT AGREEMENT WITH NEW URBAN COMMUNITIES
       PARTNERS, IN AN AMOUNT NOT TO EXCEED $185,143.75; AND (2) APPROVING
       AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A
       PROFESSIONAL SERVICES AGREEMENT WITH RANEY PLANNING &
       MANAGEMENT, INC. FOR PREPARATION OF THE ENVIRONMENTAL IMPACT
       REPORT RELATED TO THE SCIORTINO RANCH PROJECT, IN AN AMOUNT NOT
       TO EXCEED $148,115.

        WHEREAS, New Urban Communities Partners has submitted an application for a
General Plan amendment, a rezoning, and a tentative parcel map for the Sciortino Ranch
project, a 65-acre mixed-use development that requires environmental review pursuant to the
California Environmental Quality Act; and

       WHEREAS, Raney Planning & Management, Inc. has been selected by staff and the
applicant to prepare the required environmental review document (EIR), based in large part on
the work that said firm has already prepared with respect to the Brentwood Boulevard Specific
Plan; and

       WHEREAS, the scope of work prepared for this project includes a timeline for approval
by May of 2009, and a total cost of $185,143.75, which includes the City’s 25% administration
fee, and said cost will be fully funded by New Urban Communities Partners, pursuant to a
proposed Reimbursement Agreement.

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

       1. Approves and authorizes the City Manager or designee to execute a Reimbursement
          Agreement with New Urban Communities Partners, in an amount not to exceed
          $185,143.75; and

       2. Approves and authorizes the City Manager or designee to execute a Professional
          Services Agreement with Raney Planning & Management, Inc. for preparation of the
          Environmental Impact Report related to the Sciortino Ranch project, in an amount
          not to exceed $148,115.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting on the 14th day of October 2008 by the following vote:




                                             1
PROPOSAL TO PREPARE AN
ENVIRONMENTAL IMPACT REPORT
(SEPTEMBER 2008)



Sciortino Ranch
Submitted to:
City of Brentwood
Community Development Department
Erik Nolthenius
104 Oak Street
Brentwood, CA 94513

Submitted by:
Raney Planning & Management, Inc.
1501 Sports Drive
Sacramento, CA 95834
Office: (916) 372-6100
Fax: (916) 419-6108
cindygnos@raneymanagement.com

Contacts:
Cindy Gnos, AICP
Vice President

Nick Pappani
Division Manager
TABLE OF CONTENTS

I. Project Overview and Approach                          1

II. Technical Scope of Services                           3

III. Schedule                                            15

IV. Cost                                                 16

Appendix A: Traffic Impact Analysis Scope (Kimley-Horn
            and Associates, Inc.)

Appendix B: Noise (j.c. brennan & associates)




                                                         i
I.       PROJECT OVERVIEW & APPROACH

Raney Planning & Management, Inc. (Raney) has prepared this proposal and scope of services to
complete an Environmental Impact Report for the Sciortino Ranch project in the City of
Brentwood. For this proposal, we have assembled a team of well-qualified technical experts to
supplement our firm’s experience, skills and expertise in preparing environmental documents.
We believe that we have the ability to deliver a unique, unmatched, and ultimately successful
product and a process to the City. We are pleased to have this opportunity to submit our proposal
to you for your consideration.

PROJECT OVERVIEW

Project Location/Existing Land Use
The project site is located northeast of downtown Brentwood, east of Brentwood Boulevard at
Sand Creek Road. The property is currently vacant and bisected by the future Sand Creek Road.
The site is surrounded by residential development to the north, south, and east. To the west is
Brentwood Boulevard with commercial development.

Project Description
The proposed project consists of an application to the City of Brentwood for a General Plan
Amendment, a Rezone to establish standards for the PD-55 zone, as well as a Parcel Map to
subdivide the site into PD-55 zoning sub-areas. The applicant has proposed a flexible land use
matrix for the future development of the site with specific development and performance
standards to ensure compatibility with the City’s Brentwood Boulevard Specific Plan which is
currently in process. The development includes a combination of single-family residential,
multi-family residential, park, retail, office, and institutional uses.

APPROACH

Raney proposes an EIR that will provide a comprehensive analysis of the anticipated
environmental effects associated with the maximum potential build-out of the proposed project’s
land use options. Analysis in the EIR will include assessment of the individual and cumulative
environmental effects of the project. The Draft EIR, Final EIR, and related work products will be
prepared in accordance with the criteria, standards, and provisions of the California
Environmental Quality Act of 1970 (CEQA), Section 21000 et seq. of the Public Resources Code
and the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.), and the
regulations, requirements, and procedures of the City of Brentwood.

In order to fully address the environmental impacts relate to the development of the project site,
Raney has assembled a team of technical experts. Raney will utilize their extensive experience to
professionally manage the team of technical experts to ensure that all of the pertinent
environmental issues are addressed and that the technical reports are produced in an on-budget
and on-schedule fashion.



                                                                                                1
Raney proposes to sub-contract with the following firms for the preparation of technical studies
to be used in the Sciortino Ranch EIR:

       •   Kimley-Horn and Associates, Inc. – Traffic Impact Analysis
       •   j.c. brennan & associates – Noise Analysis

Raney will utilize the information, to the extent feasible, prepared for the Brentwood Boulevard
Specific Plan EIR as the basis for the Sciortino Ranch EIR. Raney assumes that the cumulative
analysis will assume build-out of the area pursuant to the General Plan as proposed to be
amended by the Brentwood Boulevard Specific Plan. Raney also assumes that the Sciortino
Ranch EIR may precede the Brentwood Boulevard Specific Plan approvals.

Raney firmly believes that the level of coordination between the City and the local citizens is
directly proportional to the success of the project. Raney intends to work closely with the project
team throughout the development and processing of the EIR. The expectation of Raney is that we
will serve as environmental consultants to the City, and will make ourselves available to assist
the City in any way necessary to facilitate the process.

Raney recognizes that individuals and groups may provide a high level of scrutiny during the
CEQA process for the proposed project. Raney has extensive experience handling such
controversies. Raney operates under a belief that some dissent and unrest regarding a new project
may potentially be eliminated by the early involvement of project stakeholders and concerned
citizens. This early involvement also provides Raney with an idea of which issues will be of
greatest concern to the public. By identifying these issues, Raney can scrutinize the
environmental documents to be sure that those issues are adequately addressed.




                                                                                                 2
II. TECHNICAL SCOPE OF SERVICES

The following scope of services has been prepared for the City of Brentwood for Raney to
prepare the Environmental Impact Report (EIR) for the Sciortino Ranch project. This scope of
services identifies each task in the preparation of the necessary documents and includes an
objective, approach, and work product associated with each task.

TASKS 1.1-1.2:         PROJECT DESCRIPTION                    THROUGH            NOTICE         OF
                       PREPARATION

Task 1.1       Project Description
Objective
The objective of this task is to prepare a draft project description in consultation with City staff
and the project applicant.

Approach
Based on our extensive CEQA experience, we have found that completing a draft of the project
description during the project initiation phase greatly reduces the potential for project-related
issues throughout the preparation of the environmental documents.

Raney will rely on the application submitted to prepare a summary of the characteristics of the
proposed project. Raney will work with City staff and the project sponsor to build upon the
project description details for use in the EIR. The project description will detail the project
location, background, and history of the project, intended uses, discretionary actions,
characteristics, goals, and objectives, phasing, agreements, and permits and approvals that are
required for the project based on available information. This section will include a summary of
the local environmental setting for the project. The project description will also include a
regional and project location map as well as the application maps.

The draft project description will be submitted to the City for review and comment. Raney will
incorporate the necessary modifications into the project description prior to incorporation into
the Sciortino Ranch EIR.


          TASK 1.1 PRODUCTS
           • Draft of project description for the environmental document.




                                                                                                  3
Task 1.2       Prepare Notice of Preparation
Objective
The objective of this task is to prepare and release to the public a Notice of Preparation (NOP)
for the proposed project and conduct a scoping meeting during the 30-day NOP public review
period.

Approach
Raney will prepare an Administrative Draft NOP for the Sciortino Ranch project for approval by
City staff prior to distribution to the State Clearinghouse and agencies. Raney will submit one
reproducible copy and one digital copy of the finalized NOP for City staff to publish, post, and
distribute to all interested parties. Raney will submit fifteen (15) copies of the NOP to the State
Clearinghouse with a completed Notice of Completion (NOC).

Consistent with the requirements of CEQA, the NOP will include a description of the proposed
project, a map indicating the proposed project site, and general environmental effects anticipated
to be caused by the proposed project. Raney will consult with City staff and the project team to
confirm the technical environmental issues to be addressed in the EIR.

During the 30-day NOP public review period, Raney will conduct a public scoping workshop to
solicit the public’s input on the content of the EIR. Raney will work with City of Brentwood staff
to schedule the meeting and to formulate project objectives for the public scoping meeting. This
public scoping meeting will be set up as a brief project overview presentation, in order for the
community to gain an understanding of the project and make comments based upon accurate
knowledge of the project. The scoping meeting will emphasize the review process as well as the
intent and requirements of CEQA. Following the presentation, the meeting will be devoted to
public participation and comments. Written comment forms will be provided for this purpose,
and these comments, along with verbal comments, will become part of the administrative record.
This scoping can be an effective way to bring together and resolve the concerns of affected
federal, state, and local agencies, as well as the local community.

        TASK 1.2 PRODUCTS
         • One (1) copy of the Administrative Draft NOP.
         • One (1) reproducible copy of the finalized NOP and one
           electronic copy to the City of Brentwood.
         • NOC preparation and delivery of fifteen (15) copies of the
           NOP to the State Clearinghouse.
         • Attendance and facilitation of public scoping meeting.
         • Summary or transcript of the public comments at the meeting.




                                                                                                 4
TASKS 2.1-2.3:        PREPARE INITIAL STUDY, ADMINISTRATIVE DRAFT EIR &
                      DRAFT EIR

Task 2.1       Prepare Initial Study
Objective
The objective of this task is to prepare an Initial Study based on the checklist contained in
Appendix G of the CEQA Guidelines and the standard City of Brentwood format.

Approach
Raney will prepare an Initial Study to address the environmental effects of the proposed
Sciortino Ranch project. The Initial Study will provide a discussion of the impacts related to
development of the proposed project and will be used to focus the content of the Draft EIR onto
those technical issues that may have significant impacts. Raney assumes that geology,
hydrology and water quality, as well as agricultural resources can be addressed in the Initial
Study. A Draft Initial Study will be submitted to the City for review along with the
Administrative Draft EIR. Once comments on the draft Initial Study have been received and
incorporated, a screencheck Initial Study will be submitted to the City for final review before
printing the Final Initial Study, which will be provided to the public as an appendix to the Draft
EIR.

        TASK 2.1 PRODUCTS
         • One (1) copy of the Administrative Draft Initial Study.
         • One (1) copy of the screencheck Initial Study.
         • One (1) reproducible copy and electronic file of the finalized
           Initial Study.


Task 2.2       Prepare Administrative Draft EIR
Objective
The objective of this task is to prepare an accurate, thorough, and complete Administrative Draft
EIR for the proposed project.

Approach
Raney will prepare the Administrative Draft EIR in accordance with CEQA. The Administrative
Draft EIR will include all statutory sections required by CEQA, including the project description,
setting, assessment of environmental impacts, identification of required mitigation measures for
each of the environmental issues, and a complete list of the authors responsible for the
environmental analysis. The EIR will also conform to the City of Brentwood’s preferred format.

The main purpose of the EIR will be to provide the public and decision-makers with a thorough,
legally defensible environmental analysis of the proposed project. The report will be accurate
and free of jargon so that the information it contains is readable and easy to use by the decision-


                                                                                                 5
makers as well as the public. Comments on the Notice of Preparation will be reviewed and
incorporated, as appropriate. The Administrative Draft EIR will be reviewed with City staff for
adequacy and accuracy.

The Sciortino Ranch project EIR will include the following sections:

T ask 2 . 2 . 1   Introduction, Scope, and Summary of EIR

The introduction will cite the provisions of CEQA and the City of Brentwood’s CEQA
implementation procedures to which the proposed project is subject. This section will identify
the intended uses of the EIR, agencies that may rely upon the EIR, purpose of the EIR and
statutory authority, summary of the scoping procedures, and a list of the NOP comment letters
and concerns raised in the letters.

The EIR will also include a summary section to briefly describe in text the impacts and
mitigation measures. A summary table will be included, consisting of a matrix of impacts and
mitigation measures, with levels of significance of impacts before and after mitigation. The
summary table will include all mitigation measures applicable to the proposed project.

T ask 2 . 2 . 2   Environmental Analysis

The environmental analysis for the proposed project will focus on the following areas: land use;
aesthetics; transportation and circulation; noise; air quality and climate change; biological
resources; cultural resources; hazards; and public services and utilities. Project alternatives and
statutorily required sections will also be included. Some refinement to these issues may be
required based on the comments that will be received during the NOP scoping process.

Information will be drawn from the City of Brentwood General Plan and the General Plan EIR as
well as any other information pertinent to the project area. The information in the Brentwood
Boulevard Specific Plan will be utilized to the extent feasible; however, Raney assumes that the
Sciortino Ranch project EIR will precede the Brentwood Boulevard Specific Plan EIR. In
addition to these citywide documents, Raney will also review the technical studies prepared by
the sub-consultants for traffic and noise. Raney, after consultation with City staff, may substitute
technical sub-consultants if the agreed upon schedule and budget cannot be met. Raney proposes
to include the following chapters in the Sciortino Ranch EIR:

         a) Land Use
            The Land Use chapter will evaluate the consistency of the proposed project with the
            City of Brentwood’s adopted plans and policies. Raney will review the City’s General
            Plan and Zoning Ordinance, as well as any other appropriate documents such as the
            proposed Brentwood Boulevard Specific Plan, to address consistency issues. The
            chapter will further assess the compatibility of the proposed project with the
            surrounding land uses, both existing and proposed. The land use chapter will identify
            land use impacts and mitigation measures and will instead note any inconsistencies or
            incompatibilities with adopted plans and policies created by the approval of the
            proposed project.


                                                                                                  6
b) Aesthetics
   The Aesthetics chapter of the EIR will summarize existing regional and project area
   aesthetics and visual setting. The chapter will describe project specific aesthetics
   issues regarding buildout of the Sciortino Ranch project area such as scenic vistas,
   trees, historic buildings, scenic highways, existing visual character or quality of the
   site and its surrounding areas, as well as light and glare. This chapter of the EIR will
   include an analysis of the existing setting, identification of the thresholds of
   significance, identification of impacts, and the development of mitigation measures
   and monitoring strategies. Included in the thresholds of significance will be whether
   the project would interrupt views of Mount Diablo. The chapter will focus on the
   Planned Development design guidelines, standards, and the policies related to
   aesthetics concerns (e.g., preservation of views of Mount Diablo, light and glare
   avoidance, and other aesthetic concerns).

c) Transportation and Circulation
   The Transportation and Circulation chapter of the EIR will be based upon a traffic
   study to be prepared by Kimley-Horn and Associates, Inc. under contract with Raney
   (See Appendix A for a complete scope). Raney will review the traffic study to ensure
   that it meets all CEQA guidelines. Raney assumes the traffic chapter will describe
   existing traffic conditions, existing plus project traffic conditions, cumulative no
   project conditions, and cumulative plus project conditions. The chapter will also
   include standards of significance and methods of analysis, and will describe the
   impacts associated with the traffic and will propose mitigation to reduce the level of
   impacts, if feasible. The traffic chapter will summarize the existing and planned
   regional and local transportation network as well as existing and future traffic
   conditions. The chapter will identify traffic loads and capacity of street systems
   including level of service standards for critical street segments and intersections.
   Emergency access, transit, pedestrian, and bicycle facilities will also be discussed and
   analyzed to ensure adequacy of the proposed facilities based upon existing City of
   Brentwood plans. Kimley-Horn and Associates will also evaluate and discuss the
   proposed internal circulation for the project, including signal and intersection
   recommendations.

d) Air Quality and Climate Change
   The Air Quality chapter for the EIR will summarize the regional air quality setting,
   including climate and topography, existing ambient air quality, regulatory setting, and
   presence of any sensitive receptors near the project or roads providing access to the
   project area. The chapter will include the preparation of an analysis of regional
   changes in emissions due to vehicular travel from the project for an appropriate
   horizon year using the URBEMIS2007 computer program version 9.2.4. The level of
   significance of impacts identified in the analyses will be determined using the
   thresholds of significance recommended by the Bay Area Air Quality Management
   District, and mitigation measures and monitoring strategies will be recommended for
   all impacts identified to be significant. Increases in greenhouse gas (GHG) emissions
   (i.e., carbon dioxide, nitrous oxide, and methane) attributable to the proposed project


                                                                                         7
   will also be quantified and included in the cumulative air quality impact discussion.
   This chapter will be based on a technical analysis to be conducted by Raney staff.

e) Noise
   The Noise chapter for the EIR will include an analysis of the existing setting,
   identification of thresholds of significance, identification of impacts, and the
   development of mitigation measures and monitoring strategies. The chapter will be
   based on a noise analysis prepared by j.c. brennan & associates, Inc. under contract
   with Raney (See Appendix B for a complete scope). Appropriate and practical
   recommendations for noise control, which are aimed at reducing any identified
   potential noise impacts to a level of insignificance will be included in the noise report
   and subsequently incorporated into the Noise chapter of the EIR.

f) Biological Resources
   This chapter of the EIR will summarize the setting and describe the potential effects
   to plant communities, wildlife, and wetlands including adverse effects on rare,
   endangered, candidate, sensitive, and special-status species for the project area. This
   chapter will be based on a Biological Resources Analysis prepared for the applicant
   by Mosaic Associates LLC. Raney will review the analysis for compliance with
   CEQA and contact the preparer directly with any questions or required information.
   In addition, this chapter will include an analysis of the existing setting including the
   Final East Contra Costa County HCP/NCCP. It should be noted that the Biological
   Resources Analysis was prepared prior to adoption of the HCP/NCCP so the
   recommendations in the report will need to be clarified and adjusted to be in
   compliance with the HCP/NCCP, and consistent with other CEQA documents
   recently prepared by the City of Brentwood (e.g. Brentwood Boulevard Specific Plan
   Draft EIR), The biological resources chapter of the EIR will include identification of
   the thresholds of significance, identification of impacts, and the development of
   mitigation measures and monitoring strategies.

g) Cultural Resources
   This chapter will summarize the setting and briefly describe the potential
   construction-related effects to cultural, historical, and archaeological resources. This
   chapter will be based work to be performed by Holman & Associates or Solano
   Archaeological under contract with the project applicant. Raney will review the
   analysis for compliance with CEQA and contact the preparer directly with any
   questions or required information. The Cultural Resources chapter of the EIR will
   include an analysis of the existing setting, identification of the thresholds of
   significance, identification of impacts, and the development of mitigation measures
   and monitoring strategies, based upon the information presented in the cultural and
   historical reports. Raney will also assist the City to ensure compliance with SB18
   regarding the appropriate Native American consultation. SB 18 tribal consultation is a
   process required by State law for projects that include a General Plan Amendment.
   This process includes consulting with the Native American Heritage Commission
   (NAHC) to determine which tribes, if any, have been identified as having an interest
   in the project area. Upon receipt of the list of tribes from the NAHC, the jurisdiction


                                                                                          8
           is required to send a letter to the tribe(s), inviting the tribe(s) to provide any input
           regarding the project and any knowledge about the area and its sensitivity to contain
           resources.

       h) Hazards
          This chapter of the EIR summarizes the setting and describes any potential of existing
          or possible hazardous materials within the plan area or as a result of the proposed
          Sciortino Ranch project, including pesticides and proximity to gas wells and
          petroleum pipelines. This chapter of the EIR will include an analysis of the existing
          setting, identification of the thresholds of significance, identification of impacts, and
          the development of mitigation measures and monitoring strategies. Raney will utilize
          the Phase I Environmental Site Assessment prepared for the site by AEI Consultants
          for use in preparation of the Hazards Chapter, as well as the Phase I technical
          addendum that has been prepared for the Delta Sierra parcel (to be provided to
          Raney).

       i) Public Services and Utilities
          This chapter will summarize setting information and identify potential new demand
          for services on water supply, storm water drainage, sewage systems, solid waste
          disposal, telecommunications, roads, law enforcement, fire protection, schools,
          libraries, and parks and recreation. Raney will consult with the appropriate City and
          other agencies in order to address public services and utilities and obtain the most
          recent information. Raney assumes that the water supply information prepared by
          Raney and the City for the Brentwood Boulevard Specific Plan Draft EIR to satisfy
          SB610 requirements can be utilized for the Sciortino Draft EIR as well, with updates
          as needed. This chapter will include an analysis of the existing setting, description of
          proposed improvements, identification of the thresholds of significance, identification
          of impacts, and the development of mitigation measures and monitoring strategies.
          For each significant impact, feasible mitigation measures, if available, will be
          identified and the level of significance after mitigation will be stated.

The method and criteria used for determining the adverse impacts for each of these technical
issues will be clearly and explicitly described in the respective sections of the EIR, including any
assumptions, models, or modeling techniques used in the analyses. The determination of impacts
will be based on (a) thresholds of significance drawn from the standards used in similar EIRs in
the region and (b) from the technical studies prepared for the proposed project, and will be
refined in consultation with City staff. For each significant impact, feasible mitigation measures,
if available, will be identified and the level of significance after mitigation will be stated.
Mitigation measures will identify the timing of the mitigation and the entities responsible for
implementation. Each impact in the EIR will be numbered, as will the corresponding mitigation
measures. Cross-references will be provided where necessary. The effectiveness and feasibility
of mitigation measures will be discussed.




                                                                                                  9
T ask 2 . 2 . 3    Statutorily Required Sections

This chapter of the EIR will evaluate potentially significant, unavoidable, significant irreversible,
growth-inducing, and cumulative impacts. This chapter will summarize the cumulative impacts
that will be contained in each technical section and will be qualitative in nature. As mentioned
previously, Raney will coordinate with City staff and the project team to determine the approach
to the cumulative analysis, but assumes the buildout of the proposed Brentwood Boulevard
Specific Plan will be included.

Task 2.2.4         Alternatives Analysis

The EIR will include an Alternatives chapter. The alternatives chapter will evaluate, at a
minimum, three alternatives. Alternatives will be selected when more information related to
project impacts is available, but may include the alternative land use scenarios proposed by the
project applicant. Any additional alternatives shall be developed in consultation with the City of
Brentwood staff during preparation of the Administrative Draft EIR to respond to identified
significant impacts. The Alternatives chapter will describe the alternatives and identify the
environmentally superior alternative. The alternatives will be analyzed at a level of detail less
than that of the proposed project; however, the analyses will include sufficient detail to allow a
comparison of the impacts.

           TASK 2.2 PRODUCTS
            • Five (5) copies of the Administrative Draft EIR and one (1)
              electronic copy to City of Brentwood staff.


Task 2.3          Prepare Screencheck and Draft EIR
Objective
The objective of this task is to edit the Administrative Draft EIR based on the comments received
on the Administrative Draft, to provide a Screencheck Draft EIR, and to distribute and process
the Draft EIR.

Approach
After City staff has reviewed the Administrative Draft EIR, Raney will attend one working
meeting with City staff, as necessary, to discuss City comments on the Administrative Draft EIR.
Raney will follow the direction of the City as to the extent of the involvement by the applicant
team. Raney will respond to one (1) consolidated set of City comments on the Administrative
Draft EIR and incorporate City comments in the form of a Screencheck Draft EIR.

Raney will incorporate comments from the City on the Screencheck Draft EIR, and will prepare
the document for the required 45-day public review period. Raney assumes that the City will
distribute the Draft EIR in accordance with CEQA requirements. However, Raney will prepare
the Notice of Completion and deliver, along with fifteen (15) copies of the Draft EIR, to the
State Clearinghouse.



                                                                                                  10
          TASK 2.3 PRODUCTS
           • One (1) meeting with City staff, as necessary, to discuss
             comments on the ADEIR.
           • One (1) copy of the Screencheck DEIR for City review.
           • Thirty (30) bound copies, one (1) unbound copy, and one (1)
             electronic copy of the Draft EIR to the City of Brentwood.
           • Notice of Completion and fifteen (15) copies of DEIR
             delivered to State Clearinghouse.



TASK 3.1:             PREPARE MITIGATION MONITORING PLAN
Objective
The objective of this task is to prepare a Mitigation Monitoring Plan (MMP) based on the
standard City of Brentwood format.

Approach
To comply with Public Resources Code Section 21081.6, Raney will prepare a mitigation
monitoring plan (MMP) for adoption by the City of Brentwood. The MMP will incorporate
standard monitoring mechanisms in order to assist the City of Brentwood and the project team in
meeting the intent of CEQA. The MMP will be in table format, and will specify mitigation
measures, standards of success, parties responsible for implementing and monitoring, funding
source(s), and timing. The MMP will be provided to the City with the Administrative Final EIR,
thereby allowing the City to provide comments, which would subsequently be incorporated into
the MMP in the Final EIR.

         TASK 3.1 PRODUCTS
          • Mitigation Monitoring Plan to be submitted to the City as a
            component of the Administrative Final EIR.



TASKS 4.1-4.2:        PREPARE ADMINISTRATIVE FINAL EIR & FINAL EIR

Task 4.1       Prepare Administrative Final EIR
Objective
The objective of this task is to prepare an Administrative Final EIR containing written responses
to all comments received during the 45-day public review period.

Approach
After the public comment period for the Draft EIR has closed, Raney will meet with City staff to
review all comments received and determine the appropriate approach to written responses to the


                                                                                              11
comments on the Draft EIR received during the public review period. These comments and
responses will be compiled into an Administrative Final EIR for review by the City of
Brentwood. Raney does not anticipate that these comments will raise new issues, or that new
surveys or technical studies will be required to complete adequate responses. The Administrative
Final EIR will consist of comments on the Draft EIR and responses to all comments on the Draft
EIR. Changes in the Draft EIR text necessitated by the comments will also be provided and
summarized as errata sheet in a chapter of the Final EIR.

         TASK 4.1 PRODUCTS
          • Meeting with City staff to review comments received and
            discuss approach.
          • Five (5) copies of the Administrative Final EIR and one (1)
            electronic copy to City staff.



Task 4.2       Prepare Screencheck and Final EIR
Objective
The objective of this task is to revise the Administrative Final EIR in order to provide a thorough,
responsive Final EIR.

Approach
Raney will meet with the City of Brentwood staff and the project team to discuss revisions to the
Administrative Final EIR. Upon receiving comments on the Administrative Final EIR, Raney will
revise the Administrative Final EIR document and submit a Screencheck Final EIR including
responses to public comments and any resulting changes to the Draft EIR to the City prior to
printing. Comments on the Screencheck Final EIR will be incorporated into a Final EIR which
will be submitted to the City for distribution ten (10) days prior to the EIR Certification Hearings.
Raney will also prepare a Notice of Determination (NOD) after project approval (should the
project be approved).


          TASK 4.2 PRODUCTS
           • Meeting with City staff to discuss revisions to the AFEIR.
           • Twenty (20) copies of the Final EIR, one (1) unbound hard
             copy, and one (1) electronic copy.
           • One (1) copy of the NOD, if applicable.



TASK 5.1:               PREPARE FINDINGS OF FACT AND STATEMENT OF
                        OVERRIDING CONSIDERATIONS
Objective




                                                                                                  12
The objective of this task is to prepare the required Findings of Fact and Statement of Overriding
Considerations (FOF/SOC) for approval by the City of Brentwood, as necessary.

Approach
Raney will prepare the draft FOF/SOC pursuant to CEQA, and will incorporate information
regarding the project’s environmental impacts disclosed in the EIR. In addition, the FOF/SOC
will provide the appropriate language to dismiss the project alternatives not selected. Raney will
also provide proposed language on the overriding considerations, if necessary, which describe
the benefits of the project that would outweigh any adverse environmental effects, if any. It
should be noted that attorneys typically have involvement in the preparation of the FOF/SOC.
Raney anticipates preparing a draft of the document for review and approval by the City
Attorney.

          TASK 5.1 PRODUCTS
           • Five (5) copies of the draft FOF/SOC.
           • One (1) unbound reproducible copy of the final FOF/SOC
             and one (1) electronic copy.


TASK 6.1: PROJECT MANAGEMENT AND MEETINGS

Objective
The objective of this task is to ensure close, extensive coordination and interaction with City
staff, and to participate in the public hearings on the EIR.

Approach
Ms. Cindy Gnos, AICP, Vice President of Raney, will serve as the EIR Project Director and will
be responsible for coordination with City staff. Mr. Nick Pappani, Division Manager, will serve
as the EIR Project Manager. The EIR Project Manager is responsible for handling the day-to-day
activities of EIR preparation, coordinating with the City and the technical consultants, and
responding to staff inquiries about the EIR and the process. Raney will assist the City as needed
throughout the processing of the project. Raney will attend the Planning Commission Hearing
and the City Council Hearing on the EIR, as directed by the City. Raney anticipates regular in
person, phone, and e-mail communications with City staff throughout the processing and
preparation of the EIR.


           TASK 6.1 PRODUCTS
            •    Coordination, assistance, and project management
                 throughout the process.
            •    Attendance at one (1) Planning Commission and one (1)
                 City Council Hearing on the EIR.
            •    Regular in person, phone, and e-mail communication
                 with City staff throughout the preparation of the EIR.



                                                                                               13
III. SCHEDULE
The attached tentative schedule is based on experience preparing similar documents. This
schedule could be lengthened or shortened, depending on the needs of the City of Brentwood.
Factors that could lengthen or shorten the schedule include dates of receipt of project information
(including information from the applicant), length of document reviews and unanticipated issues
arising from City staff, project team, or public review of the environmental documents.

                                     Tentative Schedule
                                SCIORTINO RANCH PROJECT EIR
  Task                                                           Date
  Notice To Proceed                                              September 29, 2008
  Submit Project Description to City for Review                  October 3, 2008
  Receive edits on Project Description                           October 10, 2008
  Submit NOP to City for review                                  October 13, 2008
  Receive edits on NOP                                           October 17, 2008
  NOP Public Review Period                                       October 24 – November 24, 2008
  Scoping Meeting                                                November 2008
  Receipt of All Technical Studies                               November 14, 2008
  Submit Administrative Draft EIR to City for Review             December 1, 2008
  Receipt of City Comments on Administrative Draft EIR           December 15, 2008
  Submit Screencheck Draft EIR to City for Review                December 26, 2008
  Receipt of City Comments on Screencheck Draft EIR              December 29, 2008
  Public Review Period of DEIR (45 Days)                         January 7 – February 20, 2009
  Submit Administrative Final EIR, Including Mitigation
                                                                 March 20, 2009
  Monitoring Plan to City for Review
  Receipt of City Comments on AFEIR                              March 27, 2009
  Submit Screencheck FEIR to City for Review                     April 2, 2009
  Receipt of City Comments on Screencheck FEIR                   April 3, 2009
  Public Review Period of Final EIR (10 Days)                    April 10 - April 20, 2009
  Planning Commission Hearing                                    April 21, 2009
  City Council Hearing                                           May 12 & 26, 2009




                                                                                                  14
IV. COST PROPOSAL

The cost for completion of the Sciortino Ranch Project EIR is $148,115. The tasks are
summarized in the Technical Scope of Services of this proposal and costs by task are shown in
the following spreadsheet. These costs are based on the estimates of time for each task provided
in the chart on the following page. Costs for the EIR preparation will be billed on a not-to-exceed
basis, following Raney standard billing rates included in the attached spreadsheet. It should be
noted, however, as indicated below, that the cost for the preparation of the Final EIR is based
upon the receipt of a reasonable number of comments on the Draft EIR. Should the comments
be excessive or require additional technical analysis, Raney would negotiate with the City
immediately to determine a reasonable cost for completion of the Final EIR. The following
assumptions were used in the calculations:

   •   Raney will attend meetings with the City staff and the project team, as well as public
       hearings as described in the work plan. Raney assumes that the number of meetings
       required will be achieved within the hours allocated in the attached spreadsheet.
       Additional meetings and hearings are easily accommodated and will be billed on a time-
       and-materials basis, as directed.
   •   Raney costs are based on the assumption that the existing data and information for the
       City of Brentwood and the proposed project site is accurate and current and will be
       available for the preparation of the proposed environmental documents.
   •   Specific amounts of time for revisions to the Initial Study, Administrative Draft EIR,
       Administrative Final EIR, and Mitigation Monitoring Plan have been assumed. Raney
       expects that responding to comments will not exceed the budgeted time. If unanticipated
       comments result in additional time beyond that which has been budgeted, those items will
       need to be renegotiated.
   •   Raney will provide to the City of Brentwood and the project team the number of copies
       of the documents as indicated in the technical scope of services. All environmental text
       materials will be provided in camera-ready copy and on computer disk formatted in
       Microsoft Word or PDF, as required by the City of Brentwood.
   •   Raney assumes that once a Notice to Proceed is issued, the preparation of the
       environmental documents would be a continuous process without excessive delays.
       Raney would propose to renegotiate the contract with respect to schedule and cost should
       substantial delays occur in the processing of the proposed project.
   •   Factors that would increase the scope of work and estimated costs outlined in the
       proposal include: attendance at additional public meetings; printing of additional copies
       of reports; analysis of additional issues above those discussed in this proposal or a more
       detailed level of analysis than described in this proposal; changes in the project requiring
       reanalysis or rewriting of report sections; collection of data required for the
       environmental documents beyond that described in this proposal; attendance at additional
       in-house meetings beyond those budgeted; and excessive comments on the environmental
       documents. Raney would propose to renegotiate these items, if required, or charge on a
       time-and-materials basis.



                                                                                                15
                                              PROPOSED COST ESTIMATE
                                                 SCIORTINO RANCH EIR




                                                             Cindy Gnos, AICP




                                                                                                                        Cost Per Subtask
                                                                                Division Manager




                                                                                                                                                     Cost Per Task
                                                               Vice President



                                                                                  Nick Pappani




                                                                                                   Associate
Task 1.1      Project Description                                        1                  4       8          $     1,420                 $     1,420
Task 1.2      Prepare NOP (scoping meeting)                              1                  8       8          $     1,960                 $     1,960
Task 2.1      Prepare Initial Study                                      2                  4      20          $     2,660                 $     2,660
Task 2.2      Prepare Administrative Draft EIR                           8                  8      24          $     4,520                 $    35,895
                             Technical Sections
Task 2.2.1    Introduction, Scope, and Summary of EIR                                       2      12 $              1,350
Task 2.2.2    Environmental Analysis
         a    Land Use                                                                      5      20          $     2,475
         b    Aesthetics                                                                    4      18          $     2,160
         c    Transportation and Circulation                                                8      24          $     3,240
         d    Air Quality and Climate Change                                                8      38          $     4,500
         e    Noise                                                                         4      20          $     2,340
         f    Biological Resources                                                          4      24          $     2,700
         g    Cultural Resources                                                            4      18          $     2,160
         h    Hazards                                                                       4      20          $     2,340
          i   Public Services and Utilities                                                 6      24          $     2,970
                               Other Sections
Task 2.2.3    Statutorily Required Sections                                              6          8          $     1,530
Task 2.2.4    Alternatives Analysis                                   4                  6         24          $     3,610
Task 2.3      Prepare Screencheck and Draft EIR                       6                 10         30          $     5,010                 $     5,010
Task 3.1      Prepare MMP                                             1                  4          8          $     1,420                 $     1,420
Task 4.1      Prepare Administrative FEIR                             8                 16         55          $     8,390                 $     8,390
Task 4.2      Prepare Screencheck and Final EIR                       6                 12         20          $     4,380                 $     4,380
Task 5.1      FOF/SOC                                                 2                  8         12          $     2,480                 $     2,480
Task 6.1      Project Management and Meetings                        20                 58                     $    11,030                 $    11,030

              Total Hours                                        59      193      435
              Hourly Rate                                $     160 $    135 $     90
              Total EIR Labor                            $   9,440 $ 26,055 $ 39,150 $                              74,645                 $    74,645

Sub-Consultant/Expenses                                                                                                                    $    73,470
         Copying/Printing                                                                                      $     8,000
         Misc (Travel/fax/phone)                                                                               $       500
         Sub-Consultant - Traffic                                                                              $    49,500
         Sub-Consultant - Noise                                                                                $     8,791
         10% administrative fee                                                                                $     6,679

Total Budget                                                                                                   $   148,115                 $   148,115




                                                                                                                                                16
APPENDIX A
Traffic Impact Analysis Scope
APPENDIX B

Noise Scope
                             CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: October 14, 2008

Subject/Title:   Adopt a Resolution 1) approving the contract documents, awarding the bid and
                 authorizing the City Manager or designee to execute a construction contract
                 and necessary documents with Enterprise Roofing Service, Inc. for Bid
                 Package #1, Re-roofing work associated with the Library Relocation project,
                 CIP No. 337-37194, in an amount of $47,745, plus a 10% contingency of
                 $4,774.50, for a total amount of $52,519.50 and 2) amending the CIP Budget
                 Sheet for the Library Relocation project, CIP No. 337-37194.

Prepared by:     Gail Leech, Management Analyst

Submitted by: Karen Chew, Assistant City Manager


RECOMMENDATION
Adopt a Resolution 1) approving the contract documents, awarding the bid and authorizing the
City Manager or designee to execute a construction contract and necessary documents with
Enterprise Roofing Service, Inc. for Bid Package #1, Re-roofing work associated with the Library
Relocation project, CIP No. 337-37194, in an amount of $47,745, plus a 10% contingency of
$4,774.50, for a total amount of $52,519.50 and 2) amending the CIP Budget Sheet for the
Library Relocation project, CIP No. 337-37194.

PREVIOUS ACTION
On November 13, 2007, by Resolution No. 2007-269, City Council 1) endorsed the Civic Center
Conceptual Plans; 2) endorsed the City Hall and Community Center Building Plans; 3) endorsed
the History Walk concept as one of the Required Art Components of the Civic Center; and 4)
directed staff to proceed with this project to design development.

On February 26, 2008, LPA, Inc. gave a presentation to City Council on milestones and critical
decision points for the Civic Center project. The purpose was to inform City Council of when
they would be required to make decisions that will affect the progress of the project.

On May 13, 2008, by Resolution No. 2008-115, City Council approved the Swinerton
Management and Consulting contract for Construction Management services for the Civic
Center Project.

On May 13, 2008, by Resolution No. 2008-116, City Council approved Staff’s recommendation
for the type of fountain and the trees for the Civic Center Plaza.

On May 13 2008, by Resolution No. 2008-117, City Council endorsed the City Park Master Site
Plan.

On May 13, 2008, City Council continued the issue of consideration of a Resolution directing
staff to Prepare Temporary Space for the Interim Library and Council Chambers at the
Brentwood Education and Technology Center and directed staff to bring back a budget analysis
for the costs associated with moving the library.

On May 27, 2008, by Resolution No. 2008-136, the City Council adopted the 2008/09-2012/13
Capital Improvement Program.
On June 10, 2008, City Council directed staff to pursue the temporary space for the interim
library at the annex building.

On August 26, 2008, by Resolution No. 2008-219, City Council authorized the City Manager to
execute an agreement with Devcon Construction Incorporated for construction management
services related to the construction of the interim library at the Oak Street Annex.

On August 26, 2008, by Resolution No. 2008-220, City Council approved the Mitigated Negative
Declaration for the Brentwood Civic Center project; by Resolution No. 2008-221, approved the
General Plan amendment (GPA 07-02) to change the land use designation on a portion of the
Civic Center site from Park to Downtown (mixed use); by Resolution No. 2008-222, approved a
Downtown Specific Plan amendment to add the Brentwood Civic Center District Zone, create
site development standards and permitted uses for the new district zone, and re-designate City
Park, the adjacent Maple Street and Third Street and two City-owned parcels to the new district
zone; and by Resolution No. 2008-223, approved a summary vacation for portions of Maple
Street and Third Street.

BACKGROUND
The Library Annex Project is a very significant first step toward construction of the Civic Center
project (“the Project”). The current Brentwood Library sits on the City Park property and needs
to be relocated in order to move forward with the project. The plan is to relocate City staff and
build the temporary library (Library Annex) in the eastern one-third (1/3) of the existing City Hall
Annex (104 Oak Street). The Library Annex will be approximately 6,000 square feet. The other
two-thirds (2/3) of the City Hall Annex will be occupied by City staff (118-120 Oak Street) during
the remodel of the Library Annex and during the construction of City Hall. Once City Hall is
built, staff will be moved and the library will be expanded into the remaining two-thirds of the
Annex.

LPA has completed the design of this interim library and construction is expected to start mid-
October. This date is subject to approval of the reroofing work, Bid Package #1, by City Council
(attached to this staff report). Prior to starting construction of the library, staff needs to be
moved into the 118-120 space. However, in order to accommodate moving all of staff into the
remaining two-thirds, minor tenant improvements need to be completed. These improvements
are included in Bid Package #2, which falls below Council threshold for approval and consists of
converting the Engineering lobby into an office, creating high density file space, and
reconfiguring the front counter to accommodate a staff cubicle for reception and for customer
seating.

The contract being awarded this evening is for re-roofing work that needs to be done over 104
Oak Street. This work was scheduled to be done in fiscal year 2007/08 per the approved
Community Development Building Roof Repair project (CIP No. 337-37198), but was put on
hold pending direction of the library relocation. This project was closed and the scope of work
moved into the Library Relocation project. This work has been incorporated into the early
package so that the work can be completed before the rainy season begins.

In addition, the direction has shifted from building the Interim Library from the Tech Center to
the Annex Building, which has resulted in the need for funding earlier than anticipated.
Therefore, the Library Relocation project budget needs to be amended to reflect the new
funding requirements for FY 2008/09. The overall funding, however, has not changed.

Staff utilized an informal bid process with bids opened on September 29, 2008. A total of three
(3) bids were received and are listed below:
       King’s Roofing                       $ 84,828
       Reinhardt Roofing                    $ 75,828
       Enterprise Roofing Service, Inc.     $ 47,745

After review of the bid proposals for Bid Package #1, staff recommends the award of the
construction contract for the Library Relocation project, CIP Project No. 337-37194, to
Enterprise Roofing Service, Inc. for a contract amount of $47,745, plus a 10% contingency of
$4,774.50, for a total amount of $52,519.50. Per the agreement with Devcon Construction, Inc.,
the construction manager at-risk for this project, the contract with Enterprise Roofing Service,
Inc., upon award, will be assigned to Devcon Construction, Inc. Once the early construction and
re-roofing work is underway, staff will be going out to bid for the remainder of the library
construction packages. City Council will be kept apprised of the progress of the library.

FISCAL IMPACT
The contract amount is $47,745, plus a 10% contingency of $4,774.50, for a total amount of
$52,519.50. The funds associated with this work are included in the adopted 2008/09 –
2012/13 Capital Improvement Program which includes the Library Relocation project (CIP
Project No. 337-37194). Due to the early funding requirements for this project, staff is
recommending moving $1,250,000 of the $2,050,000 budgeted in FY 2009/10 and 2010/11 to
FY 2008/09 for a total budget of $1,700,000 in FY 2008/09. This is a one-time cost and is
contingent upon the issuance of CFD bonds which will ultimately provide the funding source.
The condition of the financial credit markets, and the City’s ability to bond with reasonable
interest rates, will play a major role in determining the timing of the bond issuance. In the
interim, we will initiate the requisite internal loans to allow commencement of the Library
Relocation project. There are no known revenue offsets due to this amendment and no known
future reduction of costs.

Attachments:
Resolution
CIP Project Sheet
                                     RESOLUTION NO.

       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD 1)
       APPROVING THE CONTRACT DOCUMENTS, AWARDING THE BID AND
       AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A
       CONSTRUCTION CONTRACT AND NECESSARY DOCUMENTS WITH
       ENTERPRISE ROOFING SERVICE, INC. FOR BID PACAKGE #1, RE-
       ROOFING WORK ASSOCIATED WITH THE LIBRARY RELOCATION
       PROJECT, CIP NO. 337-37194, IN THE AMOUNT OF $47,745, PLUS A 10%
       CONTINGENCY OF $4,774.50, FOR A TOTAL AMOUNT OF $52,519.50 AND
       2) AMENDING THE CIP BUDGET SHEET FOR THE LIBRARY RELOCATION
       PROJECT, CIP PROJECT NO. 337-37194.

        WHEREAS, On November 13, 2007, by Resolution No. 2007-269, City Council 1)
endorsed the Civic Center Conceptual Plans; 2) endorsed the City Hall and Community Center
Building Plans; 3) endorsed the History Walk concept as one of the Required Art Components
of the Civic Center; and 4) directed staff to proceed with this project to design; and

       WHEREAS, on February 26, 2008, LPA, Inc. gave a presentation to City Council on
milestones and critical decision points for the Civic Center project. The purpose was to inform
City Council of when they would be required to make decisions that will affect the progress of
the; and

       WHEREAS, on May 13, 2008, by Resolution No. 2008-115, City Council approved the
Swinerton Management and Consulting contract for Construction Management services for the
Civic Center Project; and

         WHEREAS, on May 13, 2008, by Resolution No. 2008-116, City Council approved
Staff’s recommendation for the type of fountain and the trees for the Civic Center Plaza; and

       WHEREAS, on May 13 2008, by Resolution No. 2008-117, City Council endorsed the
City Park Master Site Plan; and

       WHEREAS, on May 13, 2008, City Council continued the issue of consideration of a
Resolution directing staff to Prepare Temporary Space for the Interim Library and Council
Chambers at the Brentwood Education and Technology Center and directed staff to bring back
a budget analysis for the costs associated with moving the library; and

      WHEREAS, on May 27, 2008, by Resolution No. 2008-136, the City Council adopted the
2008/09-2012/13 Capital Improvement Program; and

         WHEREAS, on June 10, 2008, City Council directed staff to pursue the temporary space
for the interim library at the annex building; and

       WHEREAS, on August 26, 2008, by Resolution No. 2008-219, City Council authorized
the City Manager to execute an agreement with Devcon Construction Incorporated for
construction management services related to the construction of the interim library at the Oak
Street Annex ; and
       WHEREAS, the current Brentwood Library sits on the City Park property and needs to
be relocated in order to move forward with the project; and

        WHEREAS, the plan is to relocate City staff and build the temporary library (Library
Annex) in the eastern one-third (1/3) of the existing City Hall Annex (104 Oak Street). The
Library Annex will be approximately 6,000 square feet. The other two-thirds (2/3) of the City
Hall Annex will be occupied by City staff (118-120 Oak Street) during the remodel of the Library
Annex and during construction of the new City Hall; and

       WHEREAS, in order to accommodate moving all of staff into the remaining two-thirds,
minor tenant improvements need to be completed. These improvements include converting the
Engineering lobby into an office, creating high density file space, and reconfiguring the front
counter to accommodate a staff cubicle for reception and for customer seating; and

       WHEREAS, there is roof work that needs to be done over 104 Oak Street. This work
was already slated to be done at some point on this building and has been incorporated into the
early package so that the work can be completed before we move staff over; and

       WHEREAS, an informal bid process was used and bids were opened on September 29,
2008; and

       WHEREAS, a total of three (e) bids were received with Enterprise Roofing Service, Inc.
submitting the lowest, responsible, responsive bid; and

        WHEREAS, per the agreement with Devcon Construction, Inc., the construction
manager at-risk for this project, the contract with Enterprise Roofing Service, Inc., upon award,
will be assigned to Devcon Construction, Inc.; and

        WHEREAS, the budget needs to be amended to allocate $1,250,000 dollars in the
Library Relocation Project (CIP # 337-37194) from the 2010/2011 CIP budget to the 2008/2009
CIP budget for the work that is going to begin in mid-October; and

        WHEREAS, the funding of the Library Relocation project is contingent upon the
issuance of bonds. The condition of the financial credit markets, and the City’s ability to bond
with reasonable interest rates, will play a major role in determining the timing of the bond
issuance. In the interim, staff will initiate the requisite internal loans to allow commencement of
the Library Relocation project; and

       NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
hereby:
       1.   Approve the contract documents, award the bid and authorize the City Manager
            or designee to execute a construction contract and necessary documents with
            Enterprise Roofing Service, Inc. for Bid Package #1, Re-roofing work associated
            with the Library Relocation project, CIP No. 337-37194, in an amount of $47,745,
            plus a 10% contingency of $4,744.50, for a total amount of $52,519.50.
       2.    Amend the CIP Budget Sheet for the Library Relocation project, CIP No. 337-
            37194.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a
regular meeting held on the 14th day of October 2008 by the following vote:
                                                                                      CITY OF BRENTWOOD
                                                                                 Capital Improvement Program Project
                                                                                                 2008/09-2012/13
Project Title:                Library Relocation                                                                                                                                                           Project #
Location:       TBD                                                                                                                    Redevelopment Area:                                       Yes         337
                                                                                                                                       Project Mgr:                                       G. Leech          37194
Project Priority:             1E - Mandatory                                          Construction:                   City             General Plan Relationship:                        Consistent
Project Description:                                                                                                                   Justification:
   In order to construct the Civic Center, the library needs to be relocated. Once the Civic Center is built, the                           As the City has continued to grow, the library's size and limited capacity
   existing library will be relocated to the unoccupied City offices located on Oak Street. Currently, these offices                        have remained the same. In order to adequately accommodate the needs
   are three separate facilities, which will be combined into one.                                                                          of Brentwood's residents, we need to relocate the library to a larger
                                                                                                                                            location on Oak Street.




                                                                                            PROJECT FINANCING
Project Expenditures                                                   Prior                 08-09                   09-10                      10-11               11-12               12-13               TOTAL
 70239 Legal

 90040 Planning and Design                                                 40,000               190,000                  50,000                     50,000                                             $        330,000
 90050 Construction                                                       300,000               870,000                 325,000                    325,000                                             $      1,820,000
 90070 Project Administration                                              50,000               250,000                  25,000                     25,000                                             $        350,000
 90100 Land/ROW/Acquisitions
TOTAL                                                            $        390,000      $      1,310,000      $          400,000         $          400,000                                             $      2,500,000

Project Funding                                                        Prior                 08-09                   09-10                      10-11               11-12               12-13               TOTAL
 47100 General Fund                                                      390,000                60,000                                                                                                 $      450,000
 47xxx Facility Fees

 47xxx Enterprise

 44xxx Federal/State Funding

 46xxx Development Contributions

 48xxx Redevelopment

 47361 Community Facilities District                                                          1,250,000                 400,000                    400,000                                             $      2,050,000
TOTAL                                                            $        390,000      $      1,310,000      $          400,000         $          400,000                                             $      2,500,000
Review and Comment:                                                                                            Future Annual Operating/Maintenance Cost                                             -0-

   This project will be funded through the General Fund and a Community Facilities District (CFD) bond. Costs for future operating expenses are contingent upon an after hours agreement yet to be negotiated with the
   library.




       Community Facilities Improvements                                                                                                                                                        Page 227
                     REDEVELOPMENT AGENCY AGENDA ITEM NO. 10


Meeting Date:    October 14, 2008

Subject/Title:   Approve Warrant Numbers: 316645, 316646, 316715, 316740, 316750, 316769,
                 316791, 316836, 316838, 316871, 316873, 316875, 316880, 316919, 316960,
                 316966, 317003

Prepared by:     Laura Schelbert; Administrative Supervisor

Submitted by:    Pamela Ehler; Agency Treasurer

       ______        ___


RECOMMENDATION – Approve warrants from Warrant lists dated September 10; September 17
and September 24, 2008.

9/10/2008   316645   ASSOCIATED SERVICES CO. (Office Expense)                            $12.24
9/10/2008   316646   AT & T LONG DISTANCE (August '08)                                    $1.20
9/10/2008   316715   OFFICE DEPOT (Office Supplies)                                       $1.84
9/10/2008   316740   THE RESTORATION CLEAN UP CO (Moving Exp 6 months storage)        $6,337.80
9/10/2008   316750   LIPMAN CO, THE (Training Oct. 6th-9th 2008)                         $13.42
9/17/2008   316769   AT&T MOBILITY (Communication)                                       $82.11
9/17/2008   316791   CITY OF BRENTWOOD (July 21st - Aug 21st 2008 Water & Garbage)        $2.17
9/17/2008   316836   NORTH AMERICAN TITLE CO. (Land/Right-Of-Way)                     $3,789.00
9/17/2008   316838   OFFICE DEPOT (Office Supplies)                                      $22.16
9/24/2008   316871   AMERICAN TROPHIES (Name Plates)                                      $2.32
9/24/2008   316873   ASSOCIATED SERVICES CO. (Office Expense)                            $10.87
9/24/2008   316875   AT&T-MCI (Communication)                                            $38.69
9/24/2008   316880   BRENTWOOD PRESS (Downtown Streetscape)                             $638.50
9/24/2008   316919   GB PRODUCTS INTERNATIONAL (Stamp)                                    $6.32
9/24/2008   316960   OFFICE DEPOT (Office Supplies)                                       $8.29
9/24/2008   316966   PACIFIC GAS & ELECTRIC (September 2008)                             $69.41
9/24/2008   317003   XEROX (Fiscal Year 2008/2009 Lease, maintenance)                    $54.05

            TOTAL                                                                    $11,090.39
                         CITY COUNCIL AGENDA ITEM NO. 11



Meeting Date: October 14, 2008

Subject/Title:   Amend the 2008/2009 Cost Allocation Plan and Schedule of City Fees to
                 include fees associated with the use of the Brentwood Senior Activity Center,
                 Summerwood Park, Brentwood Family Aquatic Complex, Heritage High School
                 Pool, the City’s mobile stage/portable bleachers and facility rentals.

Prepared by:     Poldina Scherff, Recreation Manager

Submitted by: Craig D. Bronzan, Director of Parks and Recreation



RECOMMENDATION
Amend Resolution No. 2008-224 revising the 2008/2009 Cost Allocation Plan and Schedule of
City Fees to include fees associated with the use of the Brentwood Senior Activity Center,
Summerwood Park, Brentwood Family Aquatic Complex, Heritage High School Pool, the City’s
mobile stage/portable bleachers and facility rentals.

PREVIOUS ACTION
On August 26, 2008, by Resolution No. 2008-224, the City Council adopted the 2008/2009 Cost
Allocation Plan and revised the City’s Service Fees.

BACKGROUND
State law requires that fees be reasonably related to the actual cost of providing the service.
The purpose of a Cost Allocation Plan is to conform to state law and to have a method to
recover direct and indirect costs associated with providing services and establish a framework
for computing fees and charges. With the opening of the new Brentwood Senior Activity Center
staff researched approximately fifteen (15) surrounding cities including Pittsburg, Dublin and
Antioch who offer comparable community/senior centers. Recommendations also include staff
computed costs and overhead. When setting the fees, the Resident, Non-Resident, Commerical
and Non-Profit structure remained consistent with the formula used for all facility rentals.
Starting with the Resident as the baseline fee, a ten percent (10%) increase to the baseline fee
is charged for Non-Residents, thirty percent (30%) increase for Commercial, and less thirty
percent (30%) for Non-Profits. New rental options have been provided such as set-up and take-
down of tables and chairs, and the rental of specialty equipment to enhance the events offered
when the hall is being utilized by our community.

On July 1 of each year, all fees shall be automatically adjusted by an amount equal to the
percentage of increase or decrease in the consumer price index for this region, as last
computed before the July 1 date.

Staff is recommending the following fee structure for the Brentwood Senior Activity Center.
                               FEE DESCRIPTION                                                  FEE
Senior Center Main Hall Regular Rate, Including Kitchen
Resident                                                                                          $100.00/hour
Non-Resident                                                                                      $110.00/hour
Commercial                                                                                        $130.00/hour
Non-Profit                                                                                         $70.00/hour
Cleaning Fee                                                                                            $85.00


                               FEE DESCRIPTION                                                  FEE

Senior Center Meeting Room
Resident                                                                                           $65.00/hour
Non-Resident                                                                                       $71.50/hour
Commercial                                                                                         $84.50/hour
Non-Profit                                                                                         $45.50/hour
Cleaning Fee                                                                                          $125.00
Senior Center Classroom
Resident                                                                                           $50.00/hour
Non-Resident                                                                                       $55.00/hour
Commercial                                                                                         $65.00/hour
Non-Profit                                                                                         $35.00/hour
Cleaning Fee                                                                                            $85.00
Senior Center Miscellaneous Fees
Part-Time Staff                                                                                    $16.41/hour
Table/Chair Set-Up                                                                                      $75.00
Table/Chair Take Down                                                                                  $100.00
Table/Chair Set-Up and Take Down                                                                       $150.00
Damage Deposit without Alcohol Permit                                                                  $250.00
Damage Deposit with Alcohol Permit                                                                     $500.00
Rental Liability Insurance                                                                      $98.00-$700.00
Rental Cancellation Service Fee - Less than 14 days notice                                              $27.35
Unpaid Rental Balance Late Fee (one time/flat rate)                                                     $75.00
Rental Contract Modification Processing                                                                 $54.00
(5 business day grace period for changes without charges once application has been submitted)
Rental Contract Modification Processing - Less than 14 days notice                                    $108.00
Senior Center Kitchen Rental
Kitchen Rental – 2-hour minimum                                                                    $35.00/hour
Kitchen Cleaning/Damage Deposit                                                                       $300.00
Senior Center Equipment Rental with Rental of Senior Center (Flat Rate)
Portable Stage Rental                                                                                 $150.00
Podium/P.A.                                                                                            $50.00
TV/DVD/Projector                                                                                       $35.00
Portable Bar (each)                                                                                    $40.00
Portable Dance Floor (10 X 10) 20 Capacity                                                            $100.00
Portable Dance Floor (20 x 20) 90 Capacity                                                            $200.00
Other fee changes: Upon review of the Portable Bleacher rental, it was discovered that the fee
was not adequately covering the cost of the service. Staff is recommending the new proposed
fee to cover the cost of a full-time Landscape/Facility Worker II who is assigned to pick-up and
deliver the portable bleachers.

                                                                                                 OLD        PROPOSED
                  FEE DESCRIPTION                                                                FEE           FEE
 Portable Bleacher Rental
 Portable Bleacher, Per Day, Per Unit (Resident)                                                   $56.00         $116.00
 Portable Bleacher, Per Day, Per Unit (Non-Profit)                                                 $28.01         $101.00
 Portable Bleacher, Per Day, Per Unit (Commercial)                                                 $72.80         $151.00

Staff has also added new services for the Mobile Stage which includes offering to the
community the use of 4, 6 and 8 extensions that create a larger stage area for customers.

                                   FEE DESCRIPTION                                                          FEE
 Mobile Stage Extension Rental
 Extension Rental for four (4) Set up/Take down                                                                   $175.00
 Extension Rental for four (6) Set up/Take down                                                                   $205.00
 Extension Rental for four (8) Set up/Take down                                                                   $230.00

While reviewing the Facility Rentals fees it was discovered that the fee is not covering the cost
of the Administrative Assistant II who process the application.
                                                                                                 OLD        PROPOSED
                  FEE DESCRIPTION                                                                FEE           FEE
 Special Events Applications
 Special Events Application Fee / Class 3 Events                                                   $34.44          $44.74
 Unpaid Rental Balance Late Fee (one time/flat rate)                                                               $75.00
 Rental Contract Modification Processing                                                                           $54.00
 (5 business day grace period for changes without charges once application has been
 submitted)
 Rental Contract Modification Processing - Less than 14                                                           $108.00
 days notice

Upon review of the Brentwood Family Aquatic Complex and Heritage High School Pool fees
staff found no application processing fee which is currently charged for all rental applications.

                                   FEE DESCRIPTION                                                          FEE
 Brentwood Family Aquatic Complex and Heritage High School Pool
 Rental Application Fee                                                                                            $44.74
 Rental Cancellation Fee                                                                                           $25.00
 Rental Contract Modification Processing                                                                           $54.00
 (5 business day grace period for changes without charges once application has been submitted)
 Rental Contract Modification Processing - Less than 14 days notice                                               $108.00

As staff drafted the new Park Standards, it was noticed that Summerwood Park was being
utilized for organized play which impacts the field maintenance and quality of the facility. This
facility is adjacent to Bristow Middle School and has a parking lot for public parking. Staff is
recommending that it be added as a facility that can be rented.
                      FEE DESCRIPTION                                           FEE
 Summerwood Park Soccer Field Rentals
 Resident                                                                            $10.94/hour
 Non-Resident                                                                        $12.02/hour
 Commercial                                                                          $14.21/hour
 Non-Profit                                                                           $7.65/hour
 Soccer Field Prep Services                                                          $82.03/field
 Soccer Field Lining Repaint                                                         $27.35/field
 Refundable Field Deposit                                                               $500.00
 Part-Time Staff Fee                                                                 $16.41/hour

FISCAL IMPACT
The updates to the fees contained within the Cost Allocation Plan are established to cover costs
associated with a particular use and/or service. The fiscal impact is unknown at this time.

ATTACHMENTS
Resolution




                                      RESOLUTION NO.
       AMEND THE 2008/2009 COST ALLOCATION PLAN AND SCHEDULE OF
       CITY FEES TO INCLUDE FEES ASSOCIATED WITH THE USE OF THE
       BRENTWOOD SENIOR ACTIVITY CENTER, SUMMERWOOD PARK,
       BRENTWOOD FAMILY AQUATIC COMPLEX, HERITAGE HIGH SCHOOL
       POOL, THE CITY’S MOBILE STAGE/PORTABLE BLEACHERS AND
       FACILITY RENTALS

        WHEREAS, Government Code Sections 65104, 65909.5, 66014 and 66451.2 allow the
City to establish fees to offset the City’s administrative costs in processing permits, licenses,
subdivision maps and entitlements; and

        WHEREAS, Brentwood Municipal Code §17.800 requires payment of such processing
fees in conjunction with any application submitted for permits, licenses, subdivision maps and
entitlements; and

       WHEREAS, on August 26, 2008, by Resolution No. 2008-224, the City Council adopted
the 2008/2009 Cost Allocation Plan and revised the City’s Service Fees; and

       WHEREAS, the Report and supporting data were available for public inspection and
review for ten (10) days prior to this public hearing; and

      WHEREAS, a public hearing has been noticed and held in accordance with Government
Code Section 66018; and

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

       Section 1. Findings:

       The Council makes each of the following findings:

       A. That CEQA does not apply to the adoption of this Resolution, pursuant to Sections
          15061 and 15273 of the State CEQA Guidelines because:

           1. The fees established by this Resolution will be collected for the purposes of
           meeting operational expenses and maintaining service to those that request it; and

           2. Because the fees authorized by this Resolution will be collected at the application
           stage of the project, CEQA review will take place during the processing of the
           project. Therefore, it can be seen with certainty that the adoption of this Resolution
           establishing processing fees will not have a significant effect on the environment.

       B. The purpose of the processing fees is to support those City services which are
       undertaken as a direct or indirect result of members of the public using the services of
       the City.

       C. After considering the staff report and supporting data and the testimony received at
       this public hearing, the Council approves and adopts the amendments to the 2008/09
       Cost Allocation Plan, and incorporates them herein, and further finds that future
       development in the City of Brentwood will generate a continued need for the services
       specified in the report.
D. The report and the testimony establish:

   1. That there is a reasonable relationship between the need for the fee and the type
   of service for which the fee is imposed; and

   2. That there is a reasonable relationship between the amount of the fee and the
   estimated reasonable cost of providing the type of service for which the fee is
   imposed; and

   3. The amount of service provided does not exceed what is reasonably necessary in
   order to process the requested service; and

   4. That the cost estimates set forth in the amendments to the 2008/09 Cost
   Allocation Plan are reasonable and best approximate the direct and indirect
   (overhead) costs of City staff and consultants for providing the necessary service to
   respond to the public’s requests

E. The method of allocating the City’s administrative costs of processing service bears a
    fair and reasonable relationship to each member of the public’s burden on, and
    benefit from, the services requested by that member.

F. The fees do not exceed the estimated reasonable cost of providing the service for
    which the fee is charged.

Section 2. Fees Imposed:

A. Each person requesting a service in the City of Brentwood for which a fee is imposed
   pursuant to the report shall pay the processing fee set forth in the report and the
   Cost Allocation Plan is hereby amended to reflect these additional fees.

B. On July 1 of each year, all fees not tied to an alternate index and/or requirement shall
   be automatically adjusted by an amount equal to the percentage of increase or
   decrease in the consumer price index for this region, as last computed before the
   July 1 date.

C. The fees may also be adjusted if the City updates or modifies the Cost Allocation
   Plan and conducts a public hearing to implement a new or revised fee or fees based
   upon such update or modification.

D. The applicable fee shall be determined on the basis of the fee schedule in effect at
   the time the application is submitted to the City for the requested service. The fee
   shall be payable in full at the time the application is submitted.

E. The adoption of this Resolution does not affect the ability of the City to request an
   agreement between the applicant and the City to pay extraordinary processing costs
   and to establish deposit accounts.

F. Notwithstanding anything to the contrary herein, the fee for copying public records
   requested by a member of the public, shall not exceed the direct costs of duplication.
Section 3. Use of Fee Revenues:

The revenues raised by payment of these fees, along with any interest earned, shall be
      used to pay for the City’s administrative costs spelled out in the report, including without
      limitation the capital costs and labor and contract costs directly or indirectly associated
      with providing the requested service.

      Section 4. Subsequent Analysis of the Fees:

      The fees established herein are adopted and implemented by the Council in reliance on
      the comprehensive studies that have been prepared by the City. During the coming
      years, the City will continue to gather additional information that may affect the nature,
      scope and type of services to be provided in response to requests of the public.
      Notwithstanding any term or condition of any permit, subdivision map, license or
      entitlement granted by the City, it is existing policy that the City Council may revise the
      fees to incorporate the findings and conclusions of further studies, as well as increases
      due to inflation, and that such revisions shall apply to any prior approved projects, as
      well as new projects.

      Section 5. Effective Date of Revised Fees:

      The fees established through this action shall be effective immediately.

      Section 6. Severability:

      Each component of the fees and all portions of this Resolution are severable. Should
      any individual component of the fee or other provision of this Resolution be adjudged to
      be invalid and unenforceable, the remaining provisions shall be and continue to be fully
      effective, and the fee shall be fully effective except as to that portion that has been
      judged to be invalid.

      Section 7. Statute of Limitations:

      Any judicial action or proceeding to attack, review, set aside, void, or annul the fees
      established by this Resolution, or the Resolution itself, shall be commenced within one
      hundred twenty (120) days of the passage of this Resolution. Any action to attack an
      adjustment adopted shall be commenced within one hundred twenty (120) days of the
      adjustment.

      Section 8. Statute of Limitations:

      Resolution No. 2008-224 remains in full free and effect except amended herein

       PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on October 14, 2008, by the following vote:
                             CITY COUNCIL AGENDA ITEM NO. 12


Meeting Date:          October 14, 2008

Subject/Title:         Informational presentation on the Code Enforcement Program

Prepared by:           Louis R. Kidwell, Chief Building Official

Submitted by:     Casey McCann, Community Development Director
______________________________________________________________________

RECOMMENDATION
Accept the informational presentation on the Code Enforcement Program.

PREVIOUS ACTION
On April 24, 2008 an informational presentation was given to the Neighborhood Improvement
Committee (NIC). The NIC recommended the presentation be brought to a future City Council
meeting in the fall.

BACKGROUND
The Code Enforcement Program’s main focus has changed over the past year due to the
economy and the high number of foreclosures. Complaints are being prioritized and the top
three complaint types have been: abandoned homes, landscape maintenance and nuisance
abatement. A tremendous increase in cases in these areas has resulted in a reduction of
proactive canvassing of the City by Code Enforcement staff.

The Property Maintenance and Nuisance ordinances were codified to assist staff with their
enforcement efforts. Several code modifications were made to provide better clarity, and
notices of pending action are now being recorded against ‘problem properties’ in order to ensure
the code violations are corrected prior to transfer of ownership. The City also has the ability to
place liens on properties as a means to recover abatement costs and fines.

The Rental Inspection Program began in July. Letters explaining the program, along with a
business license application, are being mailed to property owners. They are being mailed in
batches to effectively manage the staff workload.

The Annual Citywide Clean-Up Events were conducted on four Saturdays during the months of
August and September. Residents were able to dispose of unwanted items and garbage at no
cost. The event was a success with 1,300 residents participating.

A PowerPoint presentation at the October 14th City Council meeting will provide more detailed
information about the Code Enforcement Program.

FISCAL IMPACT
No fiscal impact is anticipated.

								
To top