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SEPTEMBER 27_ 2005 CITY OF BRENTWOOD CITY COUNCIL AGENDA City

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SEPTEMBER 27_ 2005 CITY OF BRENTWOOD CITY COUNCIL AGENDA City Powered By Docstoc
					                                 SEPTEMBER 27, 2005
                                 CITY OF BRENTWOOD
                                CITY COUNCIL 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

                                       REGULAR CITY COUNCIL MEETING
                                                 7:00 P.M.

CALL TO ORDER

Pledge of Allegiance                                                                   Beginning Resolution No. 2005-229
Roll Call                                                                              Beginning Ordinance No.       812

PRESENTATIONS
A.        STAND! Against domestic Violence Proclamation (Roberto Garcia)
B.        Financial Planning Week (Kathleen Knight)

AGENDA REVIEW

CITIZEN COMMENTS
Persons addressing the City Council 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 Council. Please file your name with the Mayor on the form provided at the podium. Speakers
desiring answers to questions should direct it to the Council and, if relevant, the Council 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 September 13, 2005. (M. Wimberly)

2.     Adopt a Resolution approving a Reimbursement Agreement with the Liberty Union High School
       District in the amount of $108,300, for the American Avenue/Balfour Road Intersection
       Modifications, authorizing the City Manager to execute the said agreement and amending the
       American Avenue Extension, CIP Project No. 336-3156 Budget Sheet. (B. Grewal/B. Bornstein)

3.     Amend the Professional Services Agreement with CBIZ Marketing Services Group and clarifying
       the scope of work and method of payment and authorize the City Manager to execute the amended
       agreement. (H. Sword/L. Maurer)

4.     Adopt a Resolution approving a Deferred Improvement Agreement between Harvest Time
       Assembly of God, a California Corporation and the City of Brentwood for certain improvements to
       John Muir Parkway and Ventura Road for MS No. 361-04, located at 500 Concord Avenue and
       authorizing the City Manager to execute the said agreement. (B. Grewal/J. Ward)

5.     Adopt a Resolution approving a Reimbursement Agreement with Larry Jackson Construction, Inc.,
       DR 04-26, Sunset Plaza Center, a two building retail project at the intersection of Nancy Street and
       Brentwood Boulevard, for costs associated with Master Plan Facility Improvements. (B. Grewal/L.
       Vargas)
6.    Adopt a Resolution accepting the work performed by Dean’s Acoustical Ceiling, Denham
      Contracting and Systems & Space for the New Police Facility, CIP Project No. 337-3142 and City
      Data Center, CIP Project No. 337-3709 and direct the City Clerk to file the Notices of Completion
      with the County Recorder. (K. Chew/M. Huber)

7.    Adopt a Resolution approving a contract amendment with Camp Dresser & McKee to provide
      updates to our Water Master Plan in the amount of $27,000, plus a 10% contingency and
      authorizing the City Manager to execute the said document. (B. Grewal/P. Eldredge)

8.    Adopt a Resolution amending the 2005/06 – 2009/10 Capital Improvement Program (CIP) to
      include the budget for the Pedestrian and Bicycle Safety Program. (B. Grewal/T. Wooten)

9.    Waive second reading and adopt Ordinance 810 approving the amendment to the PD-46 Zoning
      District for the Barrington Project located south of Sunset Road, immediately west of the current
      City limits, north of Jennifer Street, and east of Connor Way. (H. Sword/W. Rhodes)

10.   Waive second reading and adopt Ordinance 811 approving a Rezone (RZ 05-06) and creation of
      development standards for an approximate 112-acre site (Prewett Ranch), located between Lone
      Tree Way and Grant Street, just east of O’Hara Avenue. (H. Sword/E. Nolthenius)

11.   Adopt a Resolution authorizing the cancellation of the November 22, 2005 and December 27, 2005,
      City Council meetings

12.   Adopt a Resolution approving a Professional Services Agreement with Frank Kluber, Landscape
      Architect, to provide as-needed plan check services for 2005/06 in an amount not to exceed
      $50,000, and authorizing the City Manager to enter into said agreement. (C. Bronzan/K. De Silva)

13.   Adopt a Resolution approving a Professional Services Agreement with Vali Cooper and Associates,
      Inc. for Parks and Recreation Inspection Services for new development and Capital Improvement
      Projects in the amount of $198,000, and authorizing the City Manager to enter into said agreement
      and approve change orders up to 10% of the contract amount. (C. Bronzan/K. De Silva)

14.   Adopt a Resolution approving the 2005 Update to the East Contra Costa County Bikeway Plan (B.
      Grewal/K. Wahl)

15.   Adopt a Resolution approving Temporary Use Permit 05-17 to allow for the use of City-owned
      property for the staging of the annual Art and Wine Festival, located in City Park and affecting the
      closure of surrounding streets within the downtown from Friday, October 7, 2005 to Sunday,
      October 9, 2005. (Sword/T. Nielsen)

16.   Adopt Resolutions: 1. approving Annexation #2 Boundary Map to City of Brentwood Community
      Facilities District No. 2 (CFD No. 2). 2. approving Annexation #1 Boundary Map to City of
      Brentwood Community Facilities District No. 4 (CFD No. 4). 3. declaring the intent to annex
      territory to CFD No. 2, levy a special tax in such territory and set a date of November 8, 2005 at
      7:00 p.m. for the Public Hearing. 4. declaring the intent to annex territory to CFD No. 4, levy a
      special tax in such territory and set a date of November 8, 2005 at 7:00 p.m. for the Public Hearing.
      5. authorizing the City Manager to execute a Professional Services Agreement with Francisco and
      Associates, Inc. to provide Assessment Engineering Services for Community Facilities District No’s.
      2 and 4, in an amount not to exceed $100,000. (B. Grewal/D. Galey)
PUBLIC HEARINGS
Persons addressing the Council 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 Citizen Comments.

17.    Consideration of an Ordinance (RZ 05-15) amending the development standards and uses within
       the Planned Development 38 (PD-38), Subarea B zoning designation. The site is located at the
       northeast corner of Lone Tree Way and Empire Avenue. (H. Sword/D. Hill)

18.    Consideration of an Ordinance (RZ 05-14) amending the Brentwood Municipal Code Chapter
       17.620.012 to allow consideration of shared parking for restaurant uses in shopping centers less
       than 50,000 sq. ft. as part of the conditional use permit review. (H. Sword/H. Kline)

NEW BUSINESS

19.    Consideration of a Resolution supporting the Urban Limit Line Initiative, Measure L. (B. Swisher/D.
       Landeros)

20.    Consideration of a Resolution approving a Memorandum of Understanding between the City of
       Brentwood, East Bay Regional Park District, Save Mount Diablo and property owners regarding the
       Urban Limit Line Initiative and authorizing the Mayor to sign the Memorandum of Understanding.
       (D. Landeros/B. Swisher)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

REQUESTS FOR FUTURE AGENDA ITEMS

ADJOURNMENT


                                REDEVELOPMENT AGENCY AGENDA
                            7:00 P.M. or as soon thereafter as time permits

CALL TO ORDER                                                                        Beginning Resolution No. RDA-102

ROLL CALL

AGENDA REVIEW

CITIZEN COMMENTS
Persons addressing the Agency Board are required to limit their remarks to five (5) minutes unless an extension of time is granted
by the Chairman subject to approval of the Board. Please file your name with the Chairman on the form provided at the podium.

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 June 14, 2005 and August 23, 2005. (M. Wimberly)

NEW BUSINESS

2.     Presentation of Brentwood Redevelopment Agency’s past achievements and future challenges (H.
       Sword/G. Rozenski)
REQUESTS FOR FUTURE AGENDA ITEMS

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 September 22, 2005, 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
                                                                                              Item A




                              City of Brentwood
                                     PROCLAMATION
        WHEREAS, domestic violence does not discriminate, anyone can be a victim; and

         WHEREAS, domestic violence is widespread, crossing all ethnic, racial, age, national
origin, sexual orientation, religious and socio-economic lines; and

        WHEREAS, domestic violence affects over 4 million Americans each year; and

        WHEREAS, over 3 million children are exposed to family violence each year. Growing
up in a violent home is a significant factor for youth violence; and

       WHEREAS, violence learned in the home is acted out in our schools and communities,
impacting the safety and health of the entire community; and

         WHEREAS, residents of Contra Costa County should feel safe in their homes, their
schools, and their communities; and

         WHEREAS, STAND! Against Domestic Violence provides domestic violence services to
families in Contra Costa County, serving over 15,000 clients annually; and

        WHEREAS, STAND! Against Domestic Violence is a multi-service agency, providing:
a 24 hour crisis line, emergency shelter, legal advocacy, children and teen programs, counseling,
support groups, employment training, batterer’s treatment program, and educational prevention
programs; and

        WHEREAS, STAND! Against Domestic Violence works to raise awareness through
education so individuals will become advocates, and take action to end violence in their
communities.

        NOW THEREFORE, BE IT RESOLVED, in recognition of the important work done
by STAND! Against Domestic Violence, I do hereby proclaim the month of October 2005 as
Domestic Violence Awareness Month, and urge all citizens to actively participate in the efforts to
end violence in our homes, in our schools, and in our communities.

Dated this 27th day of September, 2005.




                                                   _____________________________________
                                                   Brian Swisher        .
                                                   Mayor
                                                                                         Item B




                                  City of Brentwood
                        PROCLAMATION
       WHEREAS, the financial planning process allows individuals to achieve their dreams by
empowering them to identify and manage realistic financial goals and negotiate the financial
barriers that arise at every stage of life; and

       WHEREAS, everyone can benefit from knowing the value of financial planning and
where to turn for objective financial advice; and

       WHEREAS, the Financial Planning Association® the membership organization for the
financial planning community, representing 28,000 members dedicated to supporting the
financial planning process as a way to help individuals achieve their goals and dreams; and

        WHEREAS, the Financial Planning Association® believes that everyone needs objective
advice to make smart financial decisions and that when seeking the advice of a financial planner,
the planner should be a CFP® professional; and

       WHEREAS, the Financial Planning Association® is dedicated to helping individuals
discover the value of financial planning; and

       NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Brentwood
does hereby proclaim October 3rd - 9th, 2005 as Financial Planning Week in Brentwood.


Dated this 27th day of September 2005


                                                           Brian Swisher
                                                           Mayor
Minutes for City Council Meeting                                                                Page 1 of 8


                                                                                                 Item 1
CITY OF BRENTWOOD                                                           TUESDAY, SEPTEMBER 13,
CITY COUNCIL MEETING                                                                           2005
MINUTES                                                                   COUNCIL CHAMBER, 7:00 P.M.




Annette Beckstrand                                                                          Ana Gutierrez
Robert A. Brockman                         Brian Swisher, Mayor                               Bob Taylor


CALL TO ORDER (6:00 PM)

 Roll Call
 Present: Beckstrand; Brockman; Gutierrez; Taylor
 Absent: Swisher

WORKSHOP

 Review and Discussion of the Code Enforcement program. (R. Kidwell)

RECESS CITY COUNCIL (6:57 PM)

RECONVENE (7:02 PM)

Roll Call
Present: Beckstrand; Brockman; Gutierrez; Taylor
Excused: Swisher

PRESENTATIONS (07:03 PM)

 A. Proclamation recognizing September 19, 2005 through October 29, 2005 as City Reads 2005 Weeks.
    (Leonard Roudman)
          Item A




  Librarian, Leonard Roudman, accepted the proclamation and encouraged all citizens to read Daughter’s
  Keeper, by Ayelet Waldman. He announced that there would be an author program on Saturday, October 1,
  2005 at 2:00 p.m. in the Community Center Blue Room.

 B. New Employee Introduction and Oath of Allegiance
          Item B




  Pam Ehler, Director of Finance and Information Systems, introduced Matthew Griggs, Accounting Technician;
  Assistant City Manager, Karen Chew, introduced Margaret Wimberly, City Clerk; Director of Parks and
  Recreation, Craig Bronzan, introduced Felix Ruiz, Landscape/Facilities Worker I; Howard Sword, Director of
  Community Development, introduced John Strandberg, Community Development Technician and Paul
  Zolfarelli, Director of Public Works, introduced Dean Paiva, Street Maintenance Worker II and John Spadini
  Street Maintenance Worker II.

  Vice Mayor, Ana Gutierrez, administered the Oath of Allegiance to new employees.

AGENDA REVIEW (07:15 PM)
    AGENDA REVIEW




 Motion: Approve Agenda Review of Items 5, 22 and 23.
 Moved by Beckstrand, seconded by Gutierrez.
 Vote: Motion carried 3-0.
 Yes: Beckstrand; Gutierrez; Taylor
 Abstain: Brockman
 Absent: Swisher

CITIZEN COMMENTS (07:15 PM)

 D Bailey Neff spoke about being self sufficient during an emergency. He said that Walnut Creek conducted an




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 emergency preparedness program on September 11, 2005.

 Michael DeMassi and Larry spoke regarding Code Enforcement issues, noting that there was a neighborhood
 meeting to discuss a neighbor that had cars and boats parked out in front of the garage. The person came
 after the neighbor who had made the complaint. People were moving out because the area looked terrible.
 The Police Department had been contacted and those who complained, asked to be kept anonymous.

CONSENT CALENDAR (07:24 PM)

 1. PULLED FOR DISCUSSION - Approve Minutes of August 23, 2005. (M. Wimberly)
     Item 01




 2. Adopted Resolution No. 2005-213 authorizing the City Manager to execute a Professional Services
    Agreement and related documents with Kimley-Horn and Associates, Inc. to provide design services in the
    amount of $114,313.05, plus a 10% contingency of $11,431.31, for a total amount of $125,744.36, for the
    Sellers Avenue Sewer Lift Station Expansion and Upgrade, CIP Project No. 592-5915. (B. Grewal/F.
    Lideros)
     Item 02




 3. Adopted Resolution No. 2005-214 approving a Reimbursement Agreement with Siena Properties, LLC,
    Subdivision Map No. 8953, which is a portion of Tentative Subdivision Map No. 8781, located north of
    Balfour Road and west of the State Route 4 Bypass, consisting of 90 lots, for costs associated with Master
    Plan Facility Improvements. (B. Grewal/L. Vargas)
     Item 03




 4. Adopted Resolution No. 2005-215 accepting the right-of-way offers of dedication in-fee; accepting
    easements, abutter’s rights and sub-surface mineral and water rights as shown on the Final Map; accepting
    all public improvements for maintenance; accepting the Subdivision Maintenance Bond and releasing the
    Subdivision Improvement Securities for Subdivision No. 8180, Paradise Creek, developed by Discovery
    Builders, located south of Balfour Road and east of Guthrie Lane. (B. Grewal/D. Galey)
     Item 04




 5. REMOVED FROM THE AGENDA - Adopt a Resolution authorizing the City Manager to execute a change
    order with Teichert Construction for the construction of the additional joint trench infrastructure and IPARQ
    Way at Sunset Industrial Complex, CIP Project No. 336-3128, in an amount of $537,862.95, plus a 10%
    contingency of $59,762.55, for a total amount of $597,625.50. (B. Grewal/P. Eldredge)
     Item 05




 6. PULLED FOR DISCUSSION - Adopt a Resolution authorizing the City Manager to: 1) sign a contract with
    SunGard Bi-Tech in the amount of $948,715, plus a 10% contingency, for a total amount of $1,043,586.50,
    for a Financial Software package, CIP Project #337-3114, 2) amend the contract, as needed, for non-
    monetary items such as implementation plans and 3) amend the CIP Budget Sheet. (P. Ehler/P. Meyer)
     Item 06




 7. Adopted Resolution No. 2005-216 approving an Affordable Housing Agreement between the City of
    Brentwood and Mark Taylor, for Subdivision 8808 (H. Sword/K. Reed)
     Item 07




 8. PULLED FOR DISCUSSION - Adopt a Resolution to include the Veterans Element - Phase One project into
     the 2005/06 - 2009/10 Capital Improvement Program and authorize the City Manager to sign improvement
     contracts for final design and construction of Phase One of the Veterans Element in an amount not to
     exceed $45,500. (C. Bronzan)
     Item 08




 9. Adopted Resolution No. 2005-217 accepting the work performed by Bay Cities Paving & Grading Inc. for the
     2004 Pavement Management Program, CIP Project No. 336-3083 and directing the City Clerk to file a
     Notice of Completion with the County Recorder. (P. Zolfarelli/J. Gallegos)
     Item 09




 10. Adopted Resolution No. 2005-218 approving the contract documents and award the construction contract
    for the 2004/05 Pavement Management Program, CIP Project No. 336-3083, to Bay Cities Paving &
    Grading, Inc. and authorize the City Manager to execute the agreement and necessary documents in the
    amount of $643,221.50, plus a 10% contingency, for a total amount of $707,543.65. (P. Zolfarelli/J.
    Gallegos)
     Item 10




 11. PULLED FOR DISCUSSION - Adopt a Resolution authorizing the City Manager to execute a Funding
    Agreement between the California Office of Traffic Safety and the City of Brentwood in the amount of
    $138,275 for the Pedestrian and Bicycle Safety Program. (B. Grewal/T. Wooten)
     Item 11




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 12. Waived second reading and adopted Ordinance No. 809 to amend Planned Development (PD) Zones 55,
    38, and 53 to allow Very High Density Residential Development and adopt specific development standards
    in order to evaluate future development proposals. (H. Sword/W. Rhodes)
     Item 12




 13. Accepted an Informational Report on the Balanced Billing Program. (P. Ehler/D. Alessio).
     Item 13




 14. Accepted an Informational Report on Fueling Expenditures. (P. Ehler/K. Breen)
     Item 14




 15. Accepted an informational report regarding consideration of property across from the Brentwood Family
    Aquatic Complex as a future park site. (C. Bronzan/K. DeSilva/P. Scherff)
     Item 15




 16. Accepted an Informational report regarding consideration of keeping Sunset Park open other than for
    scheduled events. (C. Bronzan/K. DeSilva/P. Scherff)
     Item 16




CONSENT CALENDAR ACTIONS (07:24 PM)

 Motion: Approve Consent Calendar Items 2 - 4, 7, 9 - 10 and 12 - 16 as recommended.
 Moved by Beckstrand, seconded by Brockman.
 Vote: Motion carried 4-0.
 Yes: Beckstrand; Brockman; Gutierrez; Taylor
 Absent: Swisher

 1. Approve Minutes of August 23, 2005 as recommended. (M. Wimberly)

  Motion: Approve Minutes of August 23, 2005. (M. Wimberly)
  Moved by Beckstrand, seconded by Brockman.
  Vote: Motion carried 3-0.
  Yes: Beckstrand; Brockman; Taylor
  Abstain: Gutierrez
  Absent: Swisher

 6. Adopt a Resolution authorizing the City Manager to: 1) sign a contract with SunGard Bi-Tech in the amount
     of $948,715, plus a 10% contingency, for a total amount of $1,043,586.50, for a Financial Software
     package, CIP Project #337-3114, 2) amend the contract, as needed, for non-monetary items such as
     implementation plans and 3) amend the CIP Budget Sheet. (P. Ehler/P. Meyer)

  Motion: Approve waiving full reading and adopting Resolution No. 2005-219 authorizing the City Manager to: 1)
  sign a contract with SunGard Bi-Tech in the amount of $948,715, plus a 10% contingency, for a total amount of
  $1,043,586.50, for a Financial Software package, CIP Project #337-3114, 2) amend the contract, as needed,
  for non-monetary items such as implementation plans and 3) amend the CIP Budget Sheet as recommended.
  Moved by Taylor, seconded by Beckstrand.
  Vote: Motion carried 4-0.
  Yes: Beckstrand; Brockman; Gutierrez; Taylor
  Absent: Swisher

 8. Adopt a Resolution to include the Veterans Element - Phase One project into the 2005/06 - 2009/10 Capital
     Improvement Program and authorize the City Manager to sign improvement contracts for final design and
     construction of Phase One of the Veterans Element in an amount not to exceed $45,500. (C. Bronzan)

 Motion: Approve waiving full reading and adopting Resolution No. 2005-220 to include the Veterans Element -
 Phase One project into the 2005/06 - 2009/10 Capital Improvement Program and authorize the City Manager to
 sign improvement contracts for final design and construction of Phase One of the Veterans Element in an
 amount not to exceed $45,500 as recommended.
 Moved by Taylor, seconded by Beckstrand.
 Vote: Motion carried 4-0.
 Yes: Beckstrand; Brockman; Gutierrez; Taylor
 Absent: Swisher

 11. Adopt a Resolution authorizing the City Manager to execute a Funding Agreement between the California
    Office of Traffic Safety and the City of Brentwood in the amount of $138,275 for the Pedestrian and Bicycle
    Safety Program.




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  Motion: Approve waiving full reading and adopting Resolution No. 2005-221 authorizing the City Manager to
  execute a Funding Agreement between the California Office of Traffic Safety and the City of Brentwood in the
  amount of $138,275 for the Pedestrian and Bicycle Safety Program as recommended.

  Moved by Taylor, seconded by Beckstrand.
  Vote: Motion carried 4-0.
  Yes: Beckstrand; Brockman; Gutierrez; Taylor
  Absent: Swisher

PUBLIC HEARINGS (07:35 PM)

 17. Consideration of a Resolution approving the City of Brentwood 2005/06 Development Fee Program to fund
    public facilities and amending Resolution No. 2004-222 revising the 2004/2005 Cost Allocation Plan and
    Schedule of City Fees. (B. Grewal/L. Vargas)
     Item 17




  City Engineer, Bailey Grewal, presented a staff report, noting that if adopted by Council, the fees would take
  effect 60-days after adoption.

  Vice Mayor, Ana Gutierrez, opened the public hearing.

  Motion: Approve closing the public hearing.
  Moved by Gutierrez, seconded by Beckstrand.
  Vote: Motion carried 4-0.
  Yes: Beckstrand; Brockman; Gutierrez; Taylor
  Absent: Swisher

  Motion: Approve waiving full reading and adopting Resolution No. 2005-222 approving the City of Brentwood
  2005/06 Development Fee Program to fund public facilities and amending Resolution No. 2004-222 revising
  the 2004/2005 Cost Allocation Plan and Schedule of City Fees as recommended.
  Moved by Beckstrand, seconded by Taylor.
  Vote: Motion carried 4-0.
  Yes: Beckstrand; Brockman; Gutierrez; Taylor
  Absent: Swisher

 18. Consideration of a Resolution adopting the 2005/06 Cost Allocation Plan which includes development fees,
    administrative costs and service fees. (P. Ehler/K. Breen)
     Item 18




  Accounting Manager, Kerry Breen, presented a staff report recommending the adoption of the 2005/06 Cost
  Allocation Plan which included development fees, administrative costs and service fees.

  Vice Mayor, Ana Gutierrez, opened the public hearing.

  Motion: Approve closing the public hearing.
  Moved by Gutierrez, seconded by Beckstrand.
  Vote: Motion carried 4-0.
  Yes: Beckstrand; Brockman; Gutierrez; Taylor
  Absent: Swisher

  Motion: Approve waiving full reading and adopting Resolution No. 2005-223 adopting the 2005/06 Cost
  Allocation Plan which includes development fees, administrative costs and service fees as recommended.
  Moved by Taylor, seconded by Beckstrand.
  Vote: Motion carried 4-0.
  Yes: Beckstrand; Brockman; Gutierrez; Taylor
  Absent: Swisher

 19. Consideration of a Resolution authorizing the City of Brentwood to accept monies from the State COPS
    (Citizens Option for Public Safety) program, in order to fund frontline law enforcement needs, including
    equipment and programs necessary to meet those needs. (M. Davies/K. Brown)
     Item 19




  Police Chief, Michael Davies, presented a staff report noting that the Police Department had been receiving




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  approximately $100,000 in funding from the program each year since 1996. The money was to be spent on
  law enforcement, front line needs, equipment and programs.

  Vice Mayor, Ana Gutierrez, opened the public hearing.

  Motion: Approve closing the public hearing.
  Moved by Gutierrez, seconded by Taylor.
  Vote: Motion carried 4-0.
  Yes: Beckstrand; Brockman; Gutierrez; Taylor
  Absent: Swisher

  Motion: Approve waiving full reading and adopting Resolution No. 2005-224 authorizing the City of Brentwood
  to accept monies from the State COPS (Citizens Option for Public Safety) program, in order to fund frontline
  law enforcement needs, including equipment and programs necessary to meet those needs as recommended
  by staff.
  Moved by Taylor, seconded by Beckstrand.
  Vote: Motion carried 4-0.
  Yes: Beckstrand; Brockman; Gutierrez; Taylor
  Absent: Swisher

 20. Consideration of an Ordinance amending the Planned Development (PD) 46 Zone to establish specific
    development standards and consideration of a resolution to both subdivide approximately 160 acres (TSM
    8548 - Barrington) for development of 494 single family homes, an elementary school, a fire station, a storm
    water detention basin, 3 parks, open space and trail areas and approve a development agreement. The
    property is generally located south of Sunset Road, West of Sellers Avenue, North of Jennifer Street, and
    east of Connor Way and Windsor Way in the Northeast portion of the City. (H. Sword/W. Rhodes)
     Item 20




  Council Member Brockman left the Council Chamber due to a potential conflict of interest.

  Senior Planner, Winston Rhodes presented a staff report noting that an environmental impact report had
  been prepared for the project and included a mix of housing types, sizes and affordability levels and complied
  with the general plan. Staff recommended passing the Resolution certifying the Barrington Project
  environmental impact report and adopt the accompanying mitigation monitoring plan; introduce and waive the
  first reading of an ordinance approving the amendment to PD 46 zoning district and pass a resolution
  approving the tentative subdivision map and development agreement.

  Vice Mayor, Ana Gutierrez, opened the public hearing.

  David Sampson, DeNova Homes, said that he believed that this was a complex process and that there were
  65 acres of public amenities in the project. He asked Council if there were any questions.

  Motion: Approve closing the public hearing.
  Moved by Beckstrand, seconded by Taylor.
  Vote: Motion carried 3-0.
  Yes: Beckstrand; Gutierrez; Taylor
  Abstain: Brockman
  Absent: Swisher

  Motion: Approve waiving full reading and adopting Resolution 2005-225 certifying the Barrington project
  Environmental Impact Report and adopting the accompanying Mitigation Monitoring Plan.
  Moved by Beckstrand, seconded by Taylor.
  Vote: Motion carried 3-0.
  Yes: Beckstrand; Gutierrez; Taylor
  Abstain: Brockman
  Absent: Swisher

  Motion: Approve waiving first reading and introducing Ordinance 810 approving the amendment to the PD-46
  Zoning District.
  Moved by Beckstrand, seconded by Taylor.
  Vote: Motion carried 3-0.
  Yes: Beckstrand; Gutierrez; Taylor




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  Abstain: Brockman
  Absent: Swisher

  Motion: Approve waiving full reading and adopting Resolution 2005-226 approving the Tentative Subdivision
  Map (TSM 8548) and approving the Development Agreement (DA 04-03).
  Moved by Beckstrand, seconded by Taylor.
  Vote: Motion carried 3-0.
  Yes: Beckstrand; Gutierrez; Taylor
  Abstain: Brockman
  Absent: Swisher

  Council Member Brockman returned to the Council Chamber.

 21. Consideration of an Ordinance approving a Rezone and establishment of development standards for an
    approximate 112-acre site, and consideration of a Resolution approving a Vesting Tentative Subdivision
    Map to subdivide the site into 240 single-family residential lots, located between Lone Tree Way and Grant
    Street, just east of O’Hara Avenue. (H. Sword/E. Nolthenius)
     Item 21




  Senior Planner, Erik Nolthenius, presented a staff report, noting that the Planning Commission recommended
  approval of the rezone and subdivision map. Staff recommended introducing and waiving first reading of an
  ordinance approving a rezone and adopting a resolution approving the subdivision map as conditioned.

  Vice Mayor, Ana Gutierrez, opened the public hearing.

  Gordon Gravelle, Suncrest Homes, presented a history of Prewett Ranch and noted that Suncrest had been
  through the RGMP process. There had been a tentative map approval of 240 lots, with large lot sizes and he
  asked for Council consideration.

  Motion: Approve closing the public hearing.
  Moved by Gutierrez, seconded by Taylor.
  Vote: Motion carried 4-0.
  Yes: Beckstrand; Brockman; Gutierrez; Taylor
  Absent: Swisher

  Motion: Approve introducing and waiving full reading of Ordinance No. 811 approving a Rezone and
  establishment of development standards for an approximate 112-acre site, as recommended.
  Moved by Taylor, seconded by Beckstrand.
  Vote: Motion carried 4-0.
  Yes: Beckstrand; Brockman; Gutierrez; Taylor
  Absent: Swisher

  Motion: Approve waiving full reading and adopting Resolution No. 2005-227 approving a Vesting Tentative
  Subdivision Map to subdivide the site into 240 single-family residential lots, located between Lone Tree Way
  and Grant Street, just east of O'Hara Avenue as recommended.
  Moved by Taylor, seconded by Beckstrand.
  Vote: Motion carried 4-0.
  Yes: Beckstrand; Brockman; Gutierrez; Taylor
  Absent: Swisher

 22. Consideration of a Resolution approving an update to the City’s Residential Growth Management Program
    (RGMP). (H. Sword/E. Nolthenius)
     Item 22




  Senior Planner, Erik Nolthenius, presented a staff report noting that staff would be returning with the program
  annually to be sure that it was meeting its desired intent. He recommended added the Criteria Item No. 10
  which exempted subdivisions of less than 15 lots or fewer or where each lot was greater than 15,000 square
  feet in size. Staff recommended passing a Resolution approving the update to the RGMP.

  Vice Mayor, Ana Gutierrez, opened the public hearing.

  Bailey Neff said he was in opposition to the RGMP and referred to a letter he had submitted. He said he felt
  that the advertisement of the negative declaration did not contain the RGMP changes, which would become




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  effective immediately. He requested that the revision of the RGMP be noticed to the public with the items to be
  changed. He spoke about the application of Minnesota rentals and asked to set up a pre-application meeting
  with Planning Department staff since he was working on an RGMP project. By passing a Resolution, it would
  be voided and he would need to reapply and provide all documentation by October 1, 2005. The October 1,
  2005 deadline was not reasonable, and he requested that the update be postponed to a future date and that
  the wording approved by Council October 12, 2004 be retained for applicants submitting applications to the
  City.

  Louis Parsons, Discovery Homes, stated that Discovery had submitted two applications under the current
  criteria and had been working with the Planning Department. He had been told that some of the criteria was
  no longer valid and had changed. It was difficult to develop and submit an application because of the change
  and he asked how to work with the changing material.

  Amanda Herbst stated that she was trying to do custom lots and there was no specification for 30 lots. She
  noted that 15 lots or fewer were required to fall into the subdivide only section and there was not a specific
  area for her company. She needed to know which program to follow that would be fair and wanted to get lots
  that were 15,000 sq feet or larger accepted in order to be exempt. She asked what would happen.

  Motion: Approve closing the public hearing.
  Moved by Gutierrez, seconded by Beckstrand.
  Vote: Motion carried 4-0.
  Yes: Beckstrand; Brockman; Gutierrez; Taylor
  Absent: Swisher

  A period of questions and answers ensued between Council and staff.

  Council Member Brockman said that there were still issues such as how to qualify lots and architectural
  features, and 15,000 foot lots being exempt and the 15-lot issues needed to be worked out.

  Council Member Gutierrez asked that wording be added regarding the providing a project where each lot is
  greater than 15,000 square feet. She said she was in favor of the updated RGMP.

  Senior Planner Nolthenius said that based on the program, bringing in the lots of 15,000 square feet or larger
  in size was to comply with the ordinance passed a couple of years ago and the sites would be considered
  considered custom sites and would be exempt with the added lots.

  Council Member Taylor requested that staff meet with Mr. Neff and be sure that the time line was right.

  Motion: Approve waiving full reading and adopt Resolution No. 2005-228 approving an update to the City’s
  Residential Growth Management Program (RGMP) with the addition to Criterion 10 regarding projects creating
  lots in excess of 15,000 square feet, and that all pending and future applications comply with its requirements.
  Moved by Taylor, seconded by Brockman.
  Vote: Motion carried 4-0.
  Yes: Beckstrand; Brockman; Gutierrez; Taylor
  Absent: Swisher

INFORMATIONAL REPORTS FROM STAFF - No action required (08:56 PM)

 23. PULLED FROM THE AGENDA - Informational Report on Subdivision No. 8808, St. Martin Place,
    developed by Mark Taylor, located at 1985 Grant Street, east of Fairview Avenue, west of Minnesota
    Avenue; Final Map Approval. (K. Chew/M. Wimberly)
     Item 23




INFORMATIONAL REPORTS FROM COUNCIL MEMBERS (08:56 PM)

 Council Member Taylor spoke about the truck turnover on the Holiday weekend. He complimented staff and
 asked to send a letter to CalTrans regarding the curve.

 Police Chief Davies complimented Fire, Public Works, Parks and Haz Mat, noting that it had been a multi-
 disciplinary response.

 City Manager, Donna Landeros, reported regarding hurricane Katrina, noting that City employees were doing a




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 drive for donations to the Red Cross. There had been several employees in contact with a number of volunteer
 efforts. For those who may be interested in coming in this direction, staff from Community Development
 Department informed that Mercy Housing had made the corporate decision reserve three unfurnished units to
 offer to families. Efforts were being recorded through County EOC, which was tracking where people were
 going. She had spoken with Congresswoman Taucher’s staff and document approvals were being expedited.
 If families know of someone who wanted to come here, it would be on an informal, non-profit network.

 Council Member Brockman said that the Rotary had done a drive with two 18-wheelers that left yesterday to the
 area with food, clothing and other necessities. He asked about a program to place temporary tents up on
 land to house people.

 Council Member Beckstrand informed that Britton’s sister Brooke was a perfect donor match for the bone
 marrow transplant. Britton got home on Sunday and was enjoying being with family and friends. He would
 return to hospital on Thursday. The family appreciated the dinners and those transporting the other children
 where they needed to go. The date for the blood drive was Saturday, October 8, 2005, at 8:00 a.m. - 2:00 p.m.
 at the church on the corner of Griffith and McClarren. Sign up to be a volunteer and/or donor through the
 website Blood4Britton@hotmail.com.

 Council Member Brockman said there was accident almost every day at the corner of Concord Avenue and
 Vasco Road.

 Council Member Beckstrand said that a signal would be placed at Concord Avenue and Walnut as a part of the
 development of the Bypass and had been stepped up on the schedule and would be coming forth much sooner
 than planned.

REQUESTS FOR FUTURE AGENDA ITEMS - None (09:07 PM)

ADJOURNMENT (09:08 PM)

 Motion: Approve adjournment
 Moved by Taylor, seconded by Gutierrez.
 Vote: Motion carried 4-0.
 Yes: Beckstrand; Brockman; Gutierrez; Taylor
 Absent: Swisher

 Respectfully Submitted,



  Cynthia Garcia
  Assistant City Clerk




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                          CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: September 27, 2005

Subject/Title:   Adopt a Resolution approving a Reimbursement Agreement with the Liberty
                 Union High School District for the American Avenue/Balfour Road Intersection
                 Modifications, authorizing the City Manager to execute the said agreement and
                 amending the American Avenue Extension, CIP Project No. 336-3156 Budget
                 Sheet.

Prepared by:     Engineering: B. Bornstein

Submitted by: Engineering: B. Grewal



RECOMMENDATION
Adopt a Resolution approving a Reimbursement Agreement with the Liberty Union High School
District in the amount of $108,300, for the American Avenue/Balfour Road Intersection
Modifications, authorizing the City Manager to execute the said agreement and amending the
American Avenue Extension, CIP Project No. 336-3156 Budget Sheet.

PREVIOUS ACTION
On May 24, 2005, by Resolution No. 2005-115, City Council adopted the City’s 2005/06 –
2009/10 Capital Improvement Program (CIP), which included the American Avenue Extension,
CIP Project No. 336-3156.

BACKGROUND
The Liberty Union High School District was required to complete certain improvements to the
Balfour Road/American Avenue intersection as part of the American Avenue roadway
improvements to the new Heritage High School. These improvements include a single left turn
lane from Balfour Road to American Avenue. After City staff’s review of the future traffic volume
and circulation when the High School is at full capacity, as well as when the Middle School is in
operation, there is a warrant to create dual left turn lanes from Balfour Road to American
Avenue. This layout will create the most efficient means of traffic circulation at this intersection;
therefore, City staff has requested the School District to redesign and construct the intersection
with dual turn lanes onto American Avenue. It is agreed that the School District will contribute
the cost already contracted to complete the single turn lane toward the construction of the dual
turn lanes proposed. The cost to complete this modification is $108,300 and is detailed in
Exhibit ”A” of the attached Reimbursement Agreement.

The total cost for Phase 1 of the Balfour Road/American Avenue modifications including
redesign and administration is $125,000. Within that cost is new signal detection equipment
versus the traditional traffic loop detection system. The upfront cost may appear high for this
new system, but this system will eliminate the need to replace the traffic detection loops now
and in the future. When the south side of Balfour Road is reconfigured to the ultimate
configuration (school summer break), no more expenses will be incurred to replace traffic signal
loops since the video detection equipment can easily be modified, since it is attached to the
signal. Therefore, the cost in the long run will actually be less for the video detection unit than
replacing multiple traffic signal detector loops. Further, included in the cost is an interim
sidewalk to connect American Avenue to Mountain View Drive, so students are not inclined to
walk in the roadway. These intersection modifications are planned to be constructed during the
school’s October break, the 3rd through the 14th, which is to minimize the traffic impact.
Landscaping the new median island will occur soon thereafter, but will not have as much of an
adverse impact to the school traffic. The intersection modifications planned for the October
school break will immediately increase the traffic circulation at this intersection once completed.

Also included in the amended budget is the Phase 2 of the Balfour Road/American Avenue
improvements. These improvements will consist of widening Balfour Road and American
Avenue to their ultimate configuration. This will standardize the roadway width configuration, as
well as adding dual right turn lanes from American Avenue to Balfour Road. These
improvements will be designed this winter/spring and constructed during the school summer
break in June/July of 2006.

FISCAL IMPACT
The amended budget incorporates both Phase 1 and Phase 2 of the Balfour Road/American
Avenue modifications to increase traffic circulation and safety through the buildout of both the
High School and Middle School. The additional costs incurred to modify the intersection and
create dual left turn lanes (Phase 1) is much more economical to execute a reimbursement
agreement with the School District than to incur time and costs to prepare and contract out the
work to be performed through open bid advertisement through the City. The Phase 2
improvements award of contract may be issued in June of 2006, but most of the cost will likely
be encumbered in the 2006/07 fiscal year.

The total Fiscal Year (FY) 2005/06 budget for this project is $400,000.00 and the total budget
amendment requested is $125,000. The FY 05/06 budget and proposed amended budget are
shown below.

                                  FY 05/06         Amended Budget               Difference
Legal                           $   25,000          $   25,000              $           0
Planning & Design               $ 200,000           $ 215,000               $      15,000
Construction                    $ 165,000           $ 265,000               $    100,000
Project Administration          $   10,000          $   20,000              $      10,000
Land/ROW/Acquisitions           $         0         $        0              $           0
Total Project Budget            $ 400,000           $ 525,500               $    125,000

The project is funded through the Roadway Facility Fees and Finance has confirmed there are
sufficient funds for the proposed budget amendment. This is a one time cost to cover the
required intersection modifications. No additional funding sources are necessary and no
revenue offsets are anticipated. There will be no known future reduction of costs to this project.

Attachments:
Resolution
Reimbursement Agreement
Amended CIP Budget Sheet
CIP Project Map
                                     RESOLUTION NO.


       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       APPROVING A REIMBURSEMENT AGREEMENT WITH THE LIBERTY UNION HIGH
       SCHOOL DISTRICT IN THE AMOUNT OF $108,300, FOR THE AMERICAN
       AVENUE/BALFOUR ROAD INTERSECTION MODIFICATIONS, AUTHORIZING THE
       CITY MANAGER TO EXECUTE THE SAID AGREEMENT AND AMENDING THE
       AMERICAN AVENUE EXTENSION, CIP PROJECT NO. 336-3156 BUDGET SHEET.


        WHEREAS, on May 24, 2005, by Resolution No. 2005-115, City Council adopted the
City’s 2005/06 – 2009/10 Capital Improvement Program (CIP), which included the American
Avenue Extension, CIP Project No. 336-3156; and

       WHEREAS, the Liberty Union High School District (LUHSD) was required to build
certain Balfour/American Avenue modifications as part of the American Avenue roadway
improvements to the new Heritage High School; and

       WHEREAS, after review by City staff of future traffic volume and circulation when the
High School is at full capacity, as well as when the Middle School is operational, there is a
warrant to build dual left turn lanes instead of a single turn lane on Balfour Road to American
Avenue; and

        WHEREAS, the City will reimburse LUHSD the additional cost to construct dual left turn
lanes, as outlined in the Reimbursement Agreement; and

        WHEREAS, the American Avenue and Balfour Road modifications are required in order
to increase traffic circulation and safety in the present as well as when the High School and
Middle School are at full capacity; and

       WHEREAS, staff has requested to amend the American Avenue Extension budget to
incorporate the Balfour/American Avenue roadway modifications, to increase traffic circulation
and public safety.

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

       1. Approve a Reimbursement Agreement with the Liberty Union High School District in
          the amount of $108,300, for the American Avenue/Balfour Road Intersection
          Modifications; and
       2. Authorize the City Manager to execute the said agreement; and
       3. Amend the American Avenue Extension, CIP Project No. 336-3156 Budget Sheet.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting on the 27th day of September 2005 by the following vote:
                               AGREEMENT CONCERNING
                       FUNDING FOR THE ROADWAY MODIFICATIONS
                        AT BALFOUR ROAD AND AMERICAN AVENUE



         THIS AGREEMENT (“Agreement”) is entered into at Brentwood, California, this 27th
day of September 2005, by and among the CITY OF BRENTWOOD, a municipal corporation
(“City”) and LIBERTY UNION HIGH SCHOOL DISTRICT ("School District"), a public entity.

       A.     The School District is the owner of that certain real property located in the City of
Brentwood, County of Contra Costa, State of California, commonly known as Heritage High
School, consisting of approximately 60 acres (“Property”), adjacent to American Avenue and
Balfour Road.

         B.      Various public improvements are required to be constructed to facilitate traffic
circulation to the new Heritage High School. One of these improvements is modifications to the
Balfour Road and American Avenue intersection. The original layout required a single left turn
pocket on Balfour Road to turn onto American Avenue. After further analysis and future traffic
impacts when the new Heritage High School is at full capacity, dual left turn pockets are
necessary to improve traffic circulation and saftey. Therefore, the City is requesting the School
District to construct dual left turn lanes instead of a single left turn lane and the City understands
there will be additional costs in order to do this work. These modifications or changes to the
original scope of work are more particularly described in Attachment “A”.

       C.     The School District intends to pay for the design, engineering, and construction
of certain needed public improvements for the Property, including the modifications to the
Balfour Road and American Avenue intersection.

       D.      The total estimated budget for the design, engineering and construction of the
improvements is $108,300. The City shall reimburse the School District for the actual costs
incurred by the School District in constructing the modified improvements.

       E.      At such time as the construction of improvements are substantially complete and
operational the School District shall provide the City an itemized breakdown of the actual costs
incurred by the School District as part of such construction, which shall not exceed $108,300,
unless adjusted in accordance with the provisions of Section 4.

         F.     Pursuant to the Subdivision Map Act (Government Code section 66410, et seq.)
the School District has requested and is entitled to reimbursement for that portion of the costs of
the improvements, including amounts attributable to interest and administration costs, in excess
of its road improvement and traffic mitigation fee obligation, as shown in the City of Brentwood’s
Developer Fee Program (“Reimbursable Costs”).




                                                1 of 7
       NOW, THEREFORE, it is agreed as follows:

Section 1      Recitals.

       The parties hereby adopt and incorporate the foregoing recitals:

Section 2     City Obligations.

       City shall reimburse the School District all costs that are incurred for the additional work
required to create two left turn pockets on Balfour Road instead of the one turn pocket originally
proposed and under contract between the School District and its contractor.

        Once the Balfour Road/American Avenue modifications are substantially completed and
open for public use, the School District shall submit a request for payment for this work. The
City will process this invoice payment request within (30) thirty days of a complete submittal of
all necessary backup invoices, etc. from contractors, for work involving the Balfour
Road/American Avenue roadway modification.

Section 3     School District Obligations.

       The School District shall construct the Balfour Road/American Avenue roadway
modifications, as more particularly described in the plans designed by Carlson, Barbee &
Gibson and approved by the City.

       The School District shall be solely responsible for designing, bonding, financing,
constructing, installing and permitting of the improvements. The City has approved the street
improvements, including curb, gutter, temporary sidewalk, pavement, landscaping and
necessary modifications to Balfour Road/American Avenue traffic signal.

Section 4      Modifications to Scope of Work.

        In the event that the School District elects, during the course of construction of the
improvement, to include items not called for in Exhibit “A” or contemplated by the approved
budget/estimate of cost, the costs of constructing such additional improvements shall be
reviewed and approved by the City Engineer and shall be adjusted accordingly. In the event
that circumstances beyond the control of the School District or the City result in the need for a
change order, which increases the approved budget/estimate of cost for the improvements, then
the School District shall obtain City Engineer approval prior to commensment of any change
order work that exceeds the approved budget/estimate of cost set forth in Exhibit “A”.

Section 5      Guarantee and Ownership of Improvements.

        The School District shall guarantee all work and materials for the improvements to be
free from all defects due to faulty materials or workmanship for a period of one year after the
City Council’s acceptance of the improvements.         As a condition prior to acceptance, the
School District shall post a security maintenance bond in the amount of 10% of the total
estimated costs of the improvements. The School District shall dedicate the improvements to
the City upon their completion and the City shall have full use of the improvements after the
improvements are considered “substantially completed” by the City Engineer. Thereafter, City
shall have the right to use the improvements. The right to reimbursement for the reimbursable
costs for the improvements, as provided herein, shall be the School District’s exclusive right.


                                              2 of 7
         Immediately upon, and as a condition of the expiration of the guarantee period, the
School District shall assign to the City all of the School District’s rights and remedies, including
warranties, as set forth in contract documents, and thereafter the City shall have the same rights
under said contract documents that the City would have had if the City had engaged the School
District’s contractor to construct the improvements. As-built drawings shall be provided by the
School District or its consultants.

        Until the City Council accepts the improvements, the School District shall be solely
responsible for all material and workmanship damage to the work and for all damages or injuries
to any person or property during construction of the improvements, except damage and injury
due to the sole negligence of City, its agents, or employees.

         Prior to the City Council’s acceptance of the improvements, the School District shall
provide the City with a mylar copy of record drawings with certification by a licensed civil
engineer in the State of California as to accuracy and completeness as to any portion of the
Improvements requiring a civil engineers plans. The School District shall be responsible and
liable for ensuring completeness and accuracy of the record drawings.

Section 6      School District Share.

        The School District’s share of the costs of the Improvements shall be deemed
contributed upon the completion of construction of the improvements and the acceptance
thereof by the City, subject to the receipt of the Reimbursable Costs as herein provided.

Section 7      Indemnity and Insurance.

         School District shall defend, indemnify and hold City, its elected officials, officers,
employees, and agents free and harmless from any and all liability from loss, damage, or injury to or
death of persons or property in any manner arising out of or incident to School District's
performance of this agreement, including without limitation all consequential damages, attorney's
fees and court costs, whether or not resulting from the negligence of School District or School
District's agents. This indemnity shall not extend to any claims arising out of the sole negligence of
City. This indemnity shall also extend to any legal action commenced by any third party against the
City challenging the terms of this agreement or seeking judicial review.

       School District shall require all persons doing work on the improvements, including its
contractors and subcontractors, to obtain and maintain insurance of the types and in the amounts
described in Exhibit “B”.

Section 8      Attorney Fees.

        In the event of any action or proceeding brought by any party against any other pursuant
to this Agreement, the prevailing party shall be entitled to recover all costs and expenses,
including the actual fees of its attorneys, including in-house counsel, incurred for prosecution,
defense, consultation or advice in such action or proceeding, not limited to but including costs of
expert witnesses, attorney preparation, court reporting fees, etc.




                                                3 of 7
Section 9      Binding Agreement.

        Except as otherwise set forth herein, the terms and conditions of this Agreement shall be
binding upon the parties hereto and upon their successors and assigns, and shall inure to the
benefit of said parties and their successors and assigns.

Section 10     Enforceability.

         If any provision of this Agreement is declared or determined by any court of competent
jurisdiction to be illegal, invalid or unenforceable, the legality, validity or enforceability of the
remaining parts, terms and provisions shall not be affected thereby and said illegal,
unenforceable or invalid part, term or provision will be deemed not to be a part of this
Agreement.

Section 11     Modification.

        This Agreement may not be altered, amended or modified or changed in any respect or
particular whatsoever except by a writing duly executed by all parties hereto.

Section 12     Representation of Comprehension of Document.

      Each party has reviewed and revised, or had the opportunity to review and revise this
Agreement; accordingly, the normal rule of construction to the effect that any ambiguities are to
be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or any amendment of it.

Section 13     Interpretation of Agreement.

       The article, section and other headings of this Agreement are for convenience of
reference only and shall not be construed to affect the meaning of any provision contained
herein. Where the context so requires, the use of the singular shall include the plural and vice
versa and the use of the masculine shall include the feminine and the neuter.

Section 14     Counterparts and Exhibits.

        This Agreement is executed in duplicate counterparts, each of which is deemed to be an
original. This Agreement and its Exhibits constitute the entire understanding and agreement of
the parties. This Agreement and its Exhibits integrate all of the terms and conditions mentioned
herein or incidental hereto, and constitute the entire understanding of the parties with respect to
the subject matter hereof, and all prior written agreements, understandings, representations,
and statements are terminated and superseded by this Agreement.

Section 15     Authorization.

       Each person executing this Agreement represents that the execution of this Agreement
has been duly authorized by the party on whose behalf the person is executing the Agreement
and that such person is authorized to execute the Agreement on behalf of such party.




                                               4 of 7
Section 16    Governing Law.

        This Agreement is entered into in the State of California and shall be construed and
interpreted according to the laws of that state.

       IN WITNESS WHEREOF, the District has caused this Agreement to be properly
executed and City has caused this Agreement to be properly executed, as of the date
hereinabove set forth.


CITY OF BRENTWOOD                              LIBERTY UNION HIGH SCHOOL DISTRICT


By: __________________________                 By: ___________________________
    Donna Landeros, City Manager                      Dan Smith, Superintendent


Attest:

_____________________________
Margaret Wimberly, CMC
City Clerk


Approved as to form:

_____________________________
Damien B. Brower, City Attorney




                                           5 of 7
                                 EXHIBIT “A”
          Balfour Road/American Avenue Roadway Modifications


Item No                        Description                 Amount

  1       Existing Median Demolition and Removal            $15,000.00
  2       Grading                                               $750.00
  3       Pavement Section (5" Asphalt)                         $800.00
  4       Subbase Material (22" Aggregate Base & Fabric)       $1,450.00
  5       Type "D" Median Curb                              $10,000.00
  6       Temp. Sidewalk Extension to Mountainview Dr.      $10,000.00
  7       Slurry Seal Westbound Balfour Lanes                  $5,250.00
  8       Striping                                             $2,800.00
  9       Traffic Signal Modifications                      $25,000.00
  10      Median Island Landscaping                            $8,750.00
  11      Traffic Control                                      $5,000.00
          Contingencies (10% of Construction Cost)             $8,500.00
          Engineering and Design                            $15,000.00
          Total                                            $108,300.00




                                         6 of 7
                                          EXHIBIT “B”
                                             Insurance

1.     Commercial General Liability Insurance. School District shall maintain occurrence
version commercial general liability insurance or equivalent form with a limit of not less than
$1,000,000.00 (or as otherwise approved, in writing, by the City). If such insurance contains a
general aggregate limit, it shall apply separately to this agreement or be no less than two times the
occurrence limit. Such insurance shall:
       a.      Name City, its officials, officers, employees and agents as insured by endorsement
               with respect to performance of this agreement and contain no special limitations on
               the scope of its protection afforded to the above-listed insured; and
       b.      Be primary with respect to any insurance or self-insurance programs covering City,
               its officials, officers, employees and agents; and
       c.      Contain standard separation of insured provisions.

2.      Business Automobile Liability Insurance. School District shall maintain business
automobile liability insurance or equivalent form with a limit of not less than $1,000,000.00 each
accident. Such insurance shall include coverage for owned, hired and non-owned automobiles and
shall contain the provisions set forth in subsections (a) (i) - (iii) set forth directly above.

3.       Worker's Compensation Insurance. School District shall maintain during the life of this
agreement, worker's compensation insurance for all School District’s employees employed at the
site of the work and in case of any work that is sublet, School District shall require any general
contractor or subcontractor similarly to provide Worker’s Compensation Insurance for contractor’s
or subcontractor’s employees, unless such employees are covered by the protection afforded by
School District. If any class of employee engaged in work under this agreement at the site of the
project is not protected under any workers’ compensation law, School District shall provide and
shall cause each contractor and subcontractor to provide, adequate insurance for the protection of
employees not otherwise protected. School District hereby indemnifies City for any damage
resulting to it from failure to take out or maintain such insurance. School District shall also maintain
workers compensation insurance with statutory limits and employer's liability insurance with limits of
not less than $1,000,000.00 each accident.

4.     Other insurance Requirements. School District shall:
       a.     Prior to taking any actions under this Agreement, furnish City with properly executed
              certificates of insurance which shall clearly evidence all insurance required in this
              section and provide that such insurance shall not be canceled, allowed to expire or
              be materially reduced in coverage except on thirty (30) days prior written notice to
              City.
       b.     Provide to City certified copies of endorsements and policies if requested by City,
              and properly executed certificates of insurance evidencing the insurance required
              herein.
       c.     Replace or require the replacement of certificates, policies and endorsements for
              any insurance required herein expiring prior to completion and acceptance of the
              Improvements.
       d.     Maintain all insurance required herein from the time of execution of this Agreement
              until the acceptance of the Improvements by City; and
       e.     Place all insurance required herein with insurers licensed to do business in
              California.




                                                 7 of 7
                                                                                    CITY OF BRENTWOOD
                                                                               Capital Improvement Program Project
                                                                                               2005/06-2009/10
Project Title:               American Avenue Extension                                                                                                                                                 Project #
Location: American Avenue from the existing end of improvements along Heritage High School and Middle                               Redevelopment Area:                                     N/A          336
             School back to Balfour Road and roadway modifications at the intersection with Balfour Road.
                                                                                                                                    Project Mgr:             B. Bornstein/D. Boskovic                   3156
Project Priority:            1D - Mandatory                                         Construction:              Developer            General Plan Relationship:             Consistent
Project Description:                                                                                                                Justification:
                                                                                                                                        To improve circulation around the high school, the middle school and the
This project includes approximately 3,900 linear feet of 96' wide right-of-way with 16' median, two 20' wide paved
                                                                                                                                        potential annexation area north toward Hillcrest Avenue in Antioch.
lanes and approximately 20' of landscape on both sides of the street. This project will also construct the following
utility lines: water line, non-potable water line, sanitary sewer line and storm drain line. The intersection at Balfour
Road will also need to have a traffic signal installed. Further, this project includes necessary modifications at the
intersection of American Avenue and Balfour Raod to improve traffic circulation by creating dual left turn lanes on
Balfour Road and widening the south side of the roadway to the ultimate configuration.

                                                                                          PROJECT FINANCING
Project Expenditures                                                 Prior                05-06       06-07                                  07-08             08-09               09-10                TOTAL
 70239 Legal                                                                                 25,000                                                                                                $       25,000
 90040 Planning and Design                                                                  215,000     248,500                                                                                    $      463,500
 90050 Construction                                                                         265,000                                                                                                $      265,000
 90070 Project Administration                                                                20,000                                                                                                $       20,000
 90100 Land/ROW/Acquisitions
TOTAL                                                                                $        525,000      $         248,500                                                                       $        773,500

Project Funding                                                      Prior                 05-06                  06-07                      07-08             08-09               09-10                TOTAL
 47xxx General Fund

 47251 Facility Fees                                                                          525,000                248,500                                                                       $        773,500
 47xxx Enterprise

 44xxx Federal/State Funding

 46xxx Development Contributions

 48xxx Redevelopment

       Other
TOTAL                                                                                $        525,000      $         248,500                                                                       $        773,500
Review and Comment:                                                                                         Future Annual Operating/Maintenance Cost                                            -0-
  The planning, design, legal and project administration costs are included in this budget and paid for by Roadway Facility Fees. Major roadway construction for American Avenue Extension will be done by
  developers (see the American Avenue Extension (Dev) project in the Developer Section). The Balfour Road/American Avenue intersection modifications Phase 1 (creating two left turn lanes) will be completed by
  LUHSD (October school break) and reimbursed by the City by Roadway Facility Fees. Phase 2 of the Balfour Road/American Avenue modifications will be constructed by the City (school summer break 2006)
  and will improve Balfour Road eastbound at American Avenue to the ultimate configuration and will also be paid for by Roadway Facility Fees.



       Roadway Improvements                                                                                                                                                                Page 71
                             CITY COUNCIL AGENDA ITEM NO. 3



Meeting Date:         September 27, 2005

Subject/Title:        Consideration of Amendment No. 1 to the Professional Services
                      Agreement with CBIZ Marketing Services Group for Market Research and
                      Communication Planning

Prepared by:          Linda Maurer, Economic Development Manager

Submitted by:         Howard Sword, Community Development Director



RECOMMENDATION
Approve Amendment No. 1 to the Professional Services Agreement with CBIZ Marketing
Services Group and authorize the City Manager to execute same.

PREVIOUS ACTION
On January 27, 2004, City Council authorized a Professional Services Agreement with CBIZ
Marketing Services Group to conduct market research and develop a communications plan for
the City. Based on these findings and recommendations, CBIZ submitted a scope of work,
including the development of an overall identity, as well as visual/graphic look and feel, a
tagline, template development for external and internal communications, as well as key
messages, to name a few. Further, the scope included the development of a graphic style
manual and standards document to ensure all City materials have the same high quality
appearance. CBIZ will also serve as a consultant on some of the staff driven initiatives outlined
in the recommendations.

BACKGROUND
On August 9, 2005, City Council approved a Professional Services Agreement with CBIZ
Marketing Services Group for the development and implementation of this plan, attached as
“Exhibit A.” However, there are two items in the agreement that need further clarification. First
is the “Section 1 – Scope of Services.” This section did not include reference to the scope of
work as an attachment and should read as follows:

       SECTION 1 – SCOPE OF SERVICES
       The scope of services to be performed by CONSULTANT as further defined in Exhibit A
       is for professional services to establish the foundation and implementation of standards
       for all of the City’s communications, visuals, and graphics for external and internal
       marketing vehicles, in addition to any marketing initiatives as may be required by the
       CITY.

Second is “Section 5 – Payment.” This section inadvertently referenced an earlier contract and
included language regarding hourly rates when this scope of work was based on a project
amount. This amended section now reads as follows:
       SECTION 5 – PAYMENT
       Payment shall be made by CITY only for services rendered and upon submission of a
       payment request and CITY approval of the work performed. The CITY shall pay the
       CONSULTANT for the work performed based on the project rates included in Exhibit A
       by the CONSULTANT, not to exceed $60,000.

FISCAL IMPACT
There is new fiscal impact resulting from this item, as this item only provides clarity to a
Professional Services Agreement already approved by the City Council. Staff does not foresee
any future reduction of the costs to this project.

Attachment:
       Amendment No. 1 to Agreement for Professional Consultant Services (CBIZ Marketing
       Services Group)
             Amendment No. 1 to Agreement for Professional Consultant Services
                             (CBIZ Marketing Services Group)

       This Amendment No. 1 is entered into and effective as of the ____ day of ___________
2005, amending the agreement approved by the City of Brentwood City Council on August 9,
2005 (the “Agreement”) by and between the City of Brentwood, a municipal corporation, (“City”),
and CBIZ Marketing Services Group (“Consultant”)(collectively, the “Parties”) for foundation and
implementation standards for City communication initiatives.

                                              Recitals

       A.      The Parties desire to amend the Agreement to include an exhibit that clarifies the
scope of services and cost breakdown for Consultant’s services.

        B.   The Parties have reached agreement on specific language for the exhibit and
desire to memorialize this agreement.

       Now, therefore it is agreed as follows:

        1.      That Section 1 of the Agreement is hereby amended in its entirety to read as
follows:

               Section 1- Scope of Services. The scope of services to be performed by
       CONSULTANT as further defined in Exhibit A is for professional services to
       establish the foundation and implementation of standards for all of the City’s
       communications, visuals, and graphics for external and internal marketing
       vehicles, in addition to any marketing initiatives as may be required by the CITY.

        2.      That Section 5 of the Agreement is hereby amended in its entirety to read as
follows:

              Section 5- Payment. Payment shall be made by CITY only for services
       rendered and upon submission of a payment request and CITY approval of the
       work performed. The CITY shall pay the CONSULTANT for the work performed
       based on the project rates included in Exhibit A by the CONSULTANT, not to
       exceed $60,000.

       3.       All other provisions of the Agreement will remain in full force and effect.

      4.      All requisite insurance policies to be maintained by Consultant pursuant to the
Agreement will include coverage for this Amendment.

        5.      The individuals executing this Amendment and the instruments referenced in it
on behalf of Consultant represent and warrant that they have the legal power, right and actual
authority to bind Consultant to the terms and conditions of this Amendment.

       IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1
to be executed by their respective representatives thereunto duly authorized.
CITY OF BRENTWOOD                 CONSULTANT



Donna Landeros, City Manager      Mark Waxman, Sr. Vice President



ATTEST:



Margaret Wimberly, City Clerk



APPROVED AS TO FORM:



Damien B. Brower, City Attorney
                               CITY COUNCIL AGENDA ITEM NO. 4


Meeting Date:     September 27, 2005

Subject/Title:    Adopt a Resolution approving a Deferred Improvement Agreement between
                  Harvest Time Assembly of God, a California Corporation and the City of
                  Brentwood for certain improvements to John Muir Parkway and Ventura Road
                  and authorizing the City Manager to execute the said agreement.

Prepared by:      Engineering: J. Ward

Submitted by: Engineering: Bailey Grewal


RECOMMENDATION
Adopt a Resolution approving a Deferred Improvement Agreement between Harvest Time
Assembly of God, a California Corporation and the City of Brentwood for certain improvements
to John Muir Parkway and Ventura Road for MS No. 361-04, located at 500 Concord Avenue
and authorizing the City Manager to execute the said agreement.

PREVIOUS ACTION
On March 15, 2005, by Planning Commission Resolution Number 05-18, the Planning
Commission approved Tentative Parcel Map No. 361.04 with conditions.

BACKGROUND
The Parcel Map property is located at 500 Concord Avenue. It consists of approximately 12.54
acres and is being subdivided into 4 separate parcels for future sale of one or more parcels.
Harvest Time Assembly of God has dedicated 76 feet wide right-of-way through the project site
for the future extension of John Muir Parkway and an additional 20 feet on each side for
landscaping and utilities. Condition of Approval No. 7 of the Parcel Map states that the
Developer is required to enter into a Deferred Improvement Agreement for the design and
construction, or pay their fair share per the Development Fee Program, for John Muir Parkway
and the remaining roadway improvements to Ventura Road along the project frontage as and
when required by the City Engineer. This requirement is satisfied through the approval of this
Deferred Improvement Agreement.

FISCAL IMPACT
There is no fiscal impact at this time.

Attachments:
Resolution
Deferred Improvement Agreement
Site Map
                                      RESOLUTION NO.


       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       APPROVING A DEFERRED IMPROVEMENT AGREEMENT BETWEEN HARVEST
       TIME ASSEMBLY OF GOD, A CALIFORNIA CORPORATION AND THE CITY OF
       BRENTWOOD FOR CERTAIN IMPROVEMENTS TO JOHN MUIR PARKWAY AND
       VENTURA ROAD FOR MS NO. 361-04, LOCATED AT 500 CONCORD AVENUE AND
       AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAID AGREEMENT.


       WHEREAS, on March 15, 2005, by Planning Commission Resolution No. 05-18, the
Planning Commission approved Tentative Parcel Map No. 361-04 with conditions; and

        WHEREAS, as a condition of approval of the minor subdivision the Developer must
enter into a Deferred Improvement Agreement with the City for the design and construction of
roadway improvements to John Muir Parkway and Ventura Avenue along the project frontage,
or pay their fair share; and

          WHEREAS, deferred roadway improvements shall include construction or fair share
payment of associated roadway and utility improvements per the Deferred Improvement
Agreement, including but not limited to roadway, curb and gutter, sidewalk, street lighting,
utilities, landscaping and irrigation.

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

       1. Approve a Deferred Improvement Agreement between Harvest Time Assembly of
          God, a California Corporation and the City of Brentwood for certain improvements to
          John Muir Parkway and Ventura Road for MS No. 361-04; and
       2. Authorize the City Manager to execute the said agreement; and
       3. Direct the City Clerk 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 held on the 27th day of September 2005 by the following vote:
                        CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: September 27, 2005

Subject/Title:   Adopt a Resolution approving a Reimbursement Agreement with Larry Jackson
                 Construction, Inc., DR 04-26, Sunset Plaza Center, for the construction of
                 Master Plan Facility Improvements at the intersection of Nancy Street and
                 Brentwood Boulevard.

Prepared by:     Engineering: L. Vargas

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution approving a Reimbursement Agreement with Larry Jackson Construction,
Inc., DR 04-26, Sunset Plaza Center, a two building retail project at the intersection of Nancy
Street and Brentwood Boulevard, for costs associated with Master Plan Facility Improvements.

PREVIOUS ACTION
On April 12, 1994, City Council approved Resolution No. 94-63, which established a standard
Reimbursement Agreement for Master Plan Facility Improvements.

On January 18, 2005, Planning Commission adopted Planning Commission Resolution No. 05-
03, which approved DR 04-26, for the construction of Sunset Plaza Center, a retail project.

BACKGROUND
DR 04-26, Sunset Plaza Center, is a retail project consisting of two buildings located at the
intersection of Brentwood Boulevard and Nancy Street. The Conditions of Approval for DR 04-
26 requires the Developer to make certain Master Plan Facility Improvements. Master Plan
Facility Improvements are those that have been identified in the Master Infrastructure Element
of the General Plan. In most circumstances, when a developer constructs these improvements,
they provide capacity in excess of the needs of their development. The Subdivision Map Act
requires that the City enter into a reimbursement agreement when requiring the developer to
construct improvements with excess capacity or off-site improvements.

The Master Plan Roadway Improvement that qualifies for reimbursement in this agreement is a
traffic signal at the intersection of Nancy Street and Brentwood Boulevard. Since the City paid
for the design of the traffic system, submitted plans to Caltrans and received their approval, we
are not reimbursing the markup percentages for engineering or plan check. The Developer will
be purchasing and installing the system. Four years ago, Lyon Homes, Subdivision No. 6665,
paid the City $100,000, in lieu payment, to satisfy a street lighting requirement that was to be
used for the intersection improvements. The City Engineer has reviewed this agreement and
the City Attorney has approved as to form.

FISCAL IMPACT
Roadway Facility Fee credits totaling approximately $137,096.42 will be given at building permit
and a check for approximately $86,903.58 after completion. The City collected $100,000.00 four
years ago from Lyon Homes to be used for the Brentwood Boulevard and Nancy Street
intersection improvements.

Attachments: Resolution
Reimbursement Agreement with Site Map
                                    RESOLUTION NO.

       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       APPROVING A REIMBURSEMENT AGREEMENT WITH LARRY JACKSON
       CONSTRUCTION, INC., DR 04-26, SUNSET PLAZA CENTER, AT THE
       INTERSECTION OF BRENTWOOD BOULEVARD AND NANCY STREET, FOR
       COSTS ASSOCIATED WITH MASTER PLAN FACILITY IMPROVEMENTS.


         WHEREAS, on January 18, 2005, Planning Commission adopted Planning Commission
Resolution No. 05-03, which approved DR 04-26 for the construction of Sunset Plaza Center, a
retail project; and

        WHEREAS, on April 12, 1994, City Council approved Resolution No. 94-63, which
established a standard Reimbursement Agreement for Master Plan Facility Improvements; and

       WHEREAS, certain Master Plan Facility Improvements are reimbursable under the City
of Brentwood Master Plan Facility Fee Program; and

      WHEREAS, the Developer will construct the Master Plan Roadway Facility
Improvements eligible for reimbursement.

       NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
does hereby approve a Reimbursement Agreement with Larry Jackson Construction, Inc., for
Master Plan Roadway Facility Improvements constructed in conjunction with DR 04-26, Sunset
Plaza Center, at the intersection of Brentwood Boulevard and Nancy Street, as shown on the
Reimbursement Agreement Site Map.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting on the 27th day of September 2005 by the following vote:
                               REIMBURSEMENT AGREEMENT
                          BRENTWOOD MASTER PLANNED FACILITIES
                            LARRY JACKSON CONSTRUCTION, INC.
                              DR 04-26, SUNSET PLAZA CENTER

1.      PARTIES AND DATE

This Agreement is made this 27th day of September, 2005 by and between the City of Brentwood,
California, a Municipal Corporation (“City") and Larry Jackson Construction, Inc. ("Developer").

2.      RECITALS

       2.1     The Developer owns Sunset Plaza Center, DR 04-26 in the City ("Developer's
Property shown on Exhibit "A" of the attached Reimbursement Agreement, located at the northeast
corner of Brentwood Blvd. and Nancy Street, consisting of two buildings.

        2.2      As a condition to the development of Developer's Property, City required Developer
to design, construct and install offsite or excess capacity Master Plan Improvements
(“Improvements”). The Improvements are identified in the CITY OF BRENTWOOD 2004
DEVELOPMENT FEE PROGRAM dated February 10, 2004. Facility plans were completed and
approved by the City pursuant to Chapter 16.04 of the Code and are described in more detail in
Exhibit "B" of the attached Reimbursement Agreement.

        2.3     Developer is willing to advance the costs of financing, constructing, installing and
inspecting the approved facilities subject to facility fee credits and reimbursements from the City.

       2.4    City has found that this Agreement is in accordance with the requirements of
Sections 16.130.030 and 16.130.040 of the Code and California Government Code Sections
66485 through 66489.

3.      TERMS

         3.1     Furnish and Construction of Improvements. Developer shall be solely responsible
for furnishing, financing, constructing, installing, providing for the inspection and bonding of the
Improvements. The Improvements shall be fully completed and ready for acceptance within the
time period set forth in DR 04-26 Conditions of Approval. City has designed and approved the
plans and specifications for the work prior to construction. The furnishing, construction and
installation of the Improvements shall be to the satisfaction of City in its sole and reasonable
exercised discretion.

          3.2     Source and Method of Reimbursement. City shall reimburse Developer in the form
of facility fee credits for the costs associated with the financing, furnishing, construction, installation
and inspection of the facilities indicated in Exhibit “B” “Reimbursable Improvements” of the attached
Reimbursement Agreement. The amount of the reimbursement credit shall be distributed on a pro-
rata share over the developer's total square footage. In no event shall the fee credit exceed the fee
for a given fee category. The total reimbursable amount is indicated in Exhibit “C” "Reimbursement
Calculation" of the attached Reimbursement Agreement. In the event that fee credits are
insufficient to provide full reimbursement, the City shall reimburse the remaining funds from the
Roadway Facility Fee Account. Reimbursements shall be made from like development fee funds
and no other. As an alternative to annual payments of remaining funds, the Developer may
transfer the reimbursement balance due them to any other project owned or under contract by
Developer in the City, in the form of fee credits. Transferred credits shall be applied to like
development fee funds and no other. The Developer may also assign the remaining fee credits to
another party subject to Section 3.20 of this agreement.

        3.3   Term of Reimbursement Obligation. The City's obligation to reimburse the
Developer shall continue for ten years from the date the Developer is first eligible for an annual
reimbursement, unless the obligation is sooner satisfied. In the event there are insufficient funds in
any given year in the facility fee fund responsible for the Improvements constructed by the
Developer and the City is unable to issue the annual reimbursement payment, the term of this
agreement shall be extended one year, for a maximum of five years. In no event shall the term of
this agreement exceed fifteen years from the date the Developer is first eligible for an annual
reimbursement.

         3.4.     Maximum Reimbursement. The total amount of the reimbursement obligation over
the life of this Agreement for the type of facilities described in Exhibit "B" shall be as determined by
the CITY OF BRENTWOOD 2004 DEVELOPMENT FEE PROGRAM. The parties acknowledge
and agree that the reimbursement fee credits under this Agreement are estimated to be TWO
HUNDRED TWENTY FOUR THOUSAND DOLLARS AND NO CENTS ($224,000.00).

       3.5   Inspection. The City shall have the right at all times to inspect the construction of
the Improvements to confirm compliance with City plans and specifications.

       3.6     Basis of Reimbursement. The basis used to develop this reimbursement
agreement is the unit cost for a traffic signal system as determined by the City of Brentwood 2004
Development Fee Program. The reimbursable amount is based on the costs included in the City of
Brentwood 2004 Development Fee Program and the approved plans. If it is determined by the
City Engineer that the basis of this agreement has changed, the reimbursable amount may be
adjusted accordingly.

       3.7     Indemnity and Insurance

                (1)     Developer shall defend, indemnify and hold City, its elected officials,
officers, employees, and agents free and harmless from any and all liability from loss, damage, or
injury to or death of persons or property in any manner arising out of or incident to Developer's
performance of this agreement, including without limitation all consequential damages, attorney's
fees and court costs, whether or not resulting from the negligence of Developer or Developer's
agents. This indemnity shall extend to any claims arising because Developer has failed to properly
secure any necessary easements, land rights, contracts, or approvals, but shall not extend to any
claims arising out of the sole negligence of City. This indemnity shall also extend to any legal
action commenced by any third party against City challenging the terms of this agreement or
seeking judicial review.

                (2)     Developer shall require all persons doing work on the Improvements,
including its contractors and subcontractors, to obtain and maintain insurance of the types and in
the amounts described below in a form and with carriers satisfactory to City.

              a.     Commercial General Liability Insurance.           Developer shall maintain
occurrence version commercial general liability insurance or equivalent form with a limit of not less
than $2,000,000.00 (or as otherwise approved, in writing, by the City) each occurrence. If such
insurance contains a general aggregate limit, it shall apply separately to this agreement or be no
less than two times the occurrence limit. Such insurance shall:
                                i.       Name City, its officials, officers, employees and agents as
insured by endorsement with respect to performance of this agreement. The coverage shall
contain no special limitations on the scope of its protection afforded to the above-listed insured.
                                ii.      Be primary with respect to any insurance or self-insurance
programs covering City, its officials, officers, employees and agents.
                                iii.     Contain standard separation of insured provisions.

                    b.       Business Automobile Liability Insurance. Developer shall maintain
business automobile liability insurance or equivalent form with a limit of not less than
$1,000,000.00 each accident. Such insurance shall include coverage for owned, hired and non-
owned automobiles and shall contain the provisions set forth in subsections (a) (i) - (iii) set forth
directly above.

                       c.      Worker's Compensation Insurance. Developer shall take out and
maintain during the life of this agreement, worker's compensation insurance for all Developer’s
employees employed at the site of the work, and in case any of the work is sublet, Developer
shall require any general contractor or subcontractor similarly to provide workers’ compensation
insurance for contractor’s or subcontractor’s employees, unless such employees are covered by
the protection afforded by Developer. In case any class of employee engaged in work under this
agreement at the site of the project is not protected under any workers’ compensation law,
Developer shall provide and shall cause each contractor and subcontractor to provide, adequate
insurance for the protection of employees not otherwise protected. Developer hereby
indemnifies City for any damage resulting to it from failure of Developer, its agents, employees,
contractors or subcontractors to take out or maintain such insurance. Worker’s compensation
insurance with statutory limits and employer's liability insurance with limits of not less than
$1,000,000.00 each accident shall be maintained.

                       d.      Other insurance Requirements. Developer shall:
                               i.       Prior to taking any actions under this Agreement, furnish City
with properly executed certificates of insurance which shall clearly evidence all insurance required
in this section and provide that such insurance shall not be canceled, allowed to expire or be
materially reduced in coverage except on thirty (30) days prior written notice to City.
                               ii.      Provide to City certified copies of endorsements and policies
if requested by City, and properly executed certificates of insurance evidencing the insurance
required herein.
                               iii.     Replace or require the replacement of certificates, policies
and endorsements for any insurance required herein expiring prior to completion and acceptance
of the Improvements.
                               iv.      Maintain all insurance required herein from the time of
execution of this Agreement until the acceptance of the Improvements.
                               v.       Place all insurance required herein with insurers licensed to
do business in California.

        3.8     Commencement of Construction and Inspection. Developer and its contractor or
subcontractors shall not commence construction of the Improvement until Developer has received
written authorization from City to proceed. Written authorization shall be in the form of signed
approved plans (the City currently has) along with permit issuance. All work performed on the
Improvements shall be done in strict compliance with the City approved plans, specifications and
the contract documents and in a good and workmanlike manner. All work performed by Developer,
its contractor or agents to construct the Improvements shall be subject to inspection by City. All
fees and costs to construct the Improvements shall be borne solely by Developer, subject to
reimbursement as provided herein. Inspection by City or its employees or agents shall not relieve
Developer of its liability for design defects or improper or inadequate workmanship.

       3.9     Compliance with Applicable Laws. Developer shall insure that all work performed
on the Improvements is performed in a manner which complies with all applicable federal, state,
county and local government laws, regulations and rules, including all rules and regulations of City,
as these rules and regulations may be modified or changed from time to time.

       3.10 Contractor Licenses. All work performed on the Improvements shall be done only
by contractors licensed in the State of California and qualified to perform the type of work required
and comply with the City's Business License Ordinance.

        3.11 Acceptance of Work. Upon completion of the Improvements to the satisfaction of
City, the Improvements shall be presented to the City Council for dedication and acceptance and
for authorization to file a Notice of Completion. The City Council may accept the Improvements if it
determines that the Improvements were constructed in accordance with the approved plans,
specifications and contract documents that the Improvements operate satisfactorily, and that all
other requirements of this agreement have been satisfied. Immediately upon, and as a condition of
the expiration of the guarantee period set forth in Section 3.13, Developer shall assign to City all of
Developer's rights and remedies, including warranties, as set forth in the approved contract
documents, and thereafter City shall have the same recourse under said contract documents that
City would have had if City itself had engaged Developer's contractor to construct the
Improvements.

       3.12 Liability for Work Prior to Formal Acceptance. Until the City Council has formally
accepted the Improvements, Developer shall be solely responsible for all damage to the work,
regardless of cause, and for all damages or injuries to any person or property at the work site,
except damage or injury due to the sole negligence of City, or its employees.

         3.13 Guarantee. Developer shall guarantee all work and materials for the Improvements
to be free from all defects due to faulty materials or workmanship for a period of one (1) year after
the date of formal acceptance of the work by City. A guarantee bond in the amount of ten (10)
percent of the total cost of the Improvements as determined by the City its sole reasonable
exercised discretion, shall be posted with the City prior to its acceptance of the Improvements.
Developer shall repair or remove and replace and all such work, together with any other work
which may be displaced in so doing, that is found to be defective in workmanship or materials
within the one (1) year period, without any expense whatsoever to City. In the event Developer
fails to comply with the above-mentioned provisions within thirty (30) days after being notified in
writing (or in cases of emergency, immediately) City shall be authorized to proceed to have the
defects remedied and made good at the sole cost and expense of Developer, who is hereby
contractually bound to pay the costs and charges therefore immediately upon demand. Such
action by City will not relieve Developer of the guarantee required by this section. This section
shall not, in any way, limit the liability of Developer or any other party for any design or construction
defects in the work subsequently discovered by City.
                                    EXHIBIT “B”
                           REIMBURSABLE IMPROVEMENTS
                         LARRY JACKSON CONSTRUCTION, INC.
                           SUNSET PLAZA CENTER DR 04-26




Roadway Facilities

Furnish and Install Traffic Signal System at the intersection of Brentwood Boulevard and Nancy
Street
                                    EXHIBIT “C”
                     REIMBURSABLE IMPROVEMENTS CALCULATIONS
                         LARRY JACKSON CONSTRUCTION, INC.
                           SUNSET PLAZA CENTER DR 04-26


Roadway Facilities

Traffic Signal System                                         $200,000.00

Adjustment for Financing                       10%            $ 20,000.00
Adjustment for Traffic Control                  2%            $ 4,000.00

TOTAL REIMBURSABLE ROADWAY                                    $224,000.00




TOTAL ALL REIMBURSEMENTS                                      $224,000.00
                        CITY COUNCIL AGENDA ITEM NO. 6


Meeting Date: September 27, 2005

Subject/Title:   Adopt a Resolution accepting the work performed at the New Police Facility,
                 CIP Project No. 337-3142 and City Data Center, CIP Project No. 337-3709.

Prepared by:     Engineering: M. Huber

Submitted by: Administration: K. Chew



RECOMMENDATION
Adopt a Resolution accepting the work performed by Dean’s Acoustical Ceiling, Denham
Contracting and Systems & Space for the New Police Facility, CIP Project No. 337-3142 and
City Data Center, CIP Project No. 337-3709 and direct the City Clerk to file the Notices of
Completion with the County Recorder.

PREVIOUS ACTION
On February 10, 2004, by Resolution No. 2004-27, City Council authorized staff to execute an
agreement for design services for the New Police Station with Kaplan McLaughlin Diaz (KMD) in
an amount not to exceed $673,363 and amended the 2003/04 – 2007/2008 CIP Budget Sheet.

On November 9, 2004, by Resolution No. 2004-253, City Council approved the contract
documents and awarded the construction contracts for the New Police Station (Group C), CIP
Project No. 337-3142, with exception of Bid Packages #15 and #16 (which are to be re-bid),
totaling $3,654,974.85.

On February 8, 2005, by Resolution No. 2005-27, City Council approved the creation of the City
Data Center, CIP Project No. 337-3709, to separate the work from the New City Hall Project and
the New Police Station Project.

On April 26, 2005, by Resolution No. 2005-88, City Council approved the contract documents
and authorized the City Manager to execute an agreement with Systems & Space, Inc., in the
amount of $188,451, plus a 10% contingency for Bid Package #23 – Law Enforcement
Equipment for the New Police Station, CIP Project No. 337-3142.

BACKGROUND
This project is a multi prime project which requires several trades to work within the specified
site, all by separate contracts managed by staff as discussed with the task force during the
project budgeting process. The attached Notices of Completion (NOC’s) reflects work
completed by three of the trades for this project. Dean’s Acoustical Ceiling completed the
specialty ceiling work, Denham Contracting completed the metal stud and gymsum work and
Systems & Space provided the law enforcement equipment for the New Police Station. As a
multi prime project, the work is completed in phases and staff recommends accepting the work
performed by the trades as indicated in the attached NOC’s.
FISCAL IMPACT
Total contract amounts for the New Police Facility and City Data Center combined are as
follows:

       Deans Acoustical Ceiling:   $120,534.00
       Denham Contracting:         $640,522.78
       Systems & Space, Inc.:      $189,488.00

The work is complete and within the estimated budget for the improvements.

Attachments:
Resolution
Notices of Completion
                                      RESOLUTION NO.


       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       ACCEPTING THE WORK PERFORMED BY DEAN’S ACOUSTICAL CEILING,
       DENHAM CONTRACTING AND SYSTEMS & SPACE FOR THE NEW POLICE
       FACILITY, CIP PROJECT NO. 337-3142 AND CITY DATA CENTER, CIP PROJECT
       NO. 337-3709 AND DIRECT THE CITY CLERK TO FILE THE NOTICES OF
       COMPLETION WITH THE COUNTY RECORDER.


      WHEREAS, on February 10, 2004, City Council authorized staff to execute an
agreement for design services for the New Police Station with Kaplan McLaughlin Diaz (KMD) in
an amount not to exceed $673,363 and amended the 2003/04 – 2007/2008 CIP Budget Sheet;
and

       WHEREAS, on November 9, 2004, City Council approved the contract documents and
awarded the construction contracts for the New Police Station (Group C), CIP Project No. 337-
3142, with exception of Bid Packages #15 and #16 (which are to be re-bid), totaling
$3,654,974.85; and

       WHEREAS, on February 8, 2005, City Council approved the creation of the City Data
Center, CIP Project No. 337-3709, to separate the work from the New City Hall Project and the
New Police Station Project; and

       WHEREAS, on April 26, 2005, City Council approved the contract documents and
authorized the City Manager to execute an agreement with Systems & Space, Inc., in the
amount of $188,451, plus a 10% contingency for Bid Package #23 – Law Enforcement
Equipment for the New Police Station, CIP Project No. 337-3142.

        NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood,
that the worked performed by Dean’s Acoustical Ceiling, Denham Contracting and Systems &
Space for the New Police Facility, CIP Project No. 337-3142 and City Data Center, CIP Project
No. 337-3709, as indicated on the Notices of Completion documents, is hereby accepted and
the City Clerk is hereby directed to file the Notices of Completion with the County Recorder for
this project.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting on the 27th day of September 2005 by the following vote:
RECORDING 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 9th day of November 2004, enter into an agreement with Dean’s
Acoustical Ceiling for the Specialty Ceiling work at the New Police Facility, CIP Project No.
337-3142 and City Data Center, CIP Project No. 337-3709.

The work described in the contract documents was to furnish all material, labor, and equipment
necessary to complete said work for the New Police Facility and City Data Center.

On the 27th day of September 2005, 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 September 27, 2005.




By: __________________________
    Margaret Wimberly, CMC, City Clerk
    City of Brentwood, California
RECORDING 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 9th day of November 2004, enter into an agreement with Denham
Contracting for the Metal Stud and Gypsum work at the New Police Facility, CIP Project No.
337-3142 and City Data Center, CIP Project No. 337-3709.

The work described in the contract documents was to furnish all material, labor, and equipment
necessary to complete said work for the New Police Facility and City Data Center.

On the 27th day of September 2005, 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 September 27, 2005.




By: __________________________
    Margaret Wimberly, CMC, City Clerk
    City of Brentwood, California
RECORDING 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 26th day of April, 2005, enter into an agreement with Systems & Space
for Law Enforcement Equipment for the New Police Facility, CIP Project No. 337-3142.

The work described in the contract documents was to furnish all material, labor, and equipment
necessary to complete said work for the New Police Facility.

On the 27th day of September 2005, 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 September 27, 2005.




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


Meeting Date: September 27, 2005

Subject/Title:   Adopt a Resolution approving a Contract Amendment with Camp Dresser &
                 McKee to provide updates to our Water Master Plan in the amount of $27,000,
                 plus a 10% contingency and authorizing the City Manager to execute the said
                 document.

Prepared by:     Engineering: P. Eldredge

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution approving a Contract Amendment with Camp Dresser & McKee to provide
updates to our Water Master Plan in the amount of $27,000, plus a 10% contingency of $2,700,
for a total of $29,700 and authorizing the City Manager to execute the said document.

PREVIOUS ACTION
On December 14, 2004, by Resolution No. 2004-278, City Council approved Amendment One
of the Professional Services Agreement with Camp Dresser & McKee for the Water Master Plan
Update-Phase 3, extending the term of the contract to December 31, 2005.

BACKGROUND
On July 16, 2004, the City of Brentwood entered into a contract with Camp Dresser & McKee
(CDM) to obtain professional services relating to the Water Master Plan Updates for a total
contract amount of $45,000. At this time, it was agreed that CDM would perform Tasks 1, 2 and
3; review and update model configuration, revise model demand allocations and establish
criteria and conduct water system analysis. Staff felt that Tasks 4 and 5, proposed by CDM,
needed to be revised based upon the results of the first three tasks; therefore, they were not
included in the original contract. Based on the findings after performing the first three tasks, it
was necessary to revise the scope of Tasks 4 and 5 to better address the City’s needs for
completion of the project. The contract amendment amount of $27,000 will cover the revised
tasks as follows; Task 4, finalizing the recommended improvements and provide final master
plan information and Task 5, providing model training and materials, as well as post-training
support.

FISCAL IMPACT
The total cost for this contract amendment is $27,000, for a total contract amount of $72,000,
which is included in our general budget and has been submitted and approved by the City
Council.

Attachments:
Resolution
Contract Amendment
Scope of Services
                                     RESOLUTION NO.


       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       APPROVING A CONTRACT AMENDMENT WITH CAMP DRESSER & MCKEE TO
       PROVIDE UPDATES TO THE WATER MASTER PLAN IN THE AMOUNT OF $27,000,
       PLUS A 10% CONTINGENCY OF $2,700, FOR A TOTAL OF $29,700 AND
       AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAID DOCUMENT.

      WHEREAS, on July 16, 2004, the City of Brentwood entered into a contract with Camp
Dresser & McKee (CDM) to obtain professional services relating to the Water Master Plan
Updates for a total contract amount of $45,000; and

      WHEREAS, on December 14, 2004, by Resolution No. 2004-278, City Council approved
Amendment One of the Professional Services Agreement with Camp Dresser & McKee for the
Water Master Plan Update-Phase 3, extending the term of the contract to December 31, 2005;
and

        WHEREAS, based on the findings after performing the first three tasks, it was necessary
to revise the scope of Tasks 4 and 5 to better address the City’s needs for completion of the
project.

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

       1. Approve a Contract Amendment with Camp Dresser & McKee to provide updates to
          the Water Master Plan in the amount of $27,000, plus a 10% contingency of $2,700,
          for a total amount of $29,700; and
       2. Authorize the City Manager to execute the said document.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 27th day of September 2005 by the following vote:
                            Addendum to Exhibit “A”

                      CITY OF BRENTWOOD
                   WATER MASTER PLAN UPDATE
                       Professional Services

Purpose of Addendum
This addendum revises the scope of services for Tasks MP4 and MP5 for the Water
Master Plan Update project, City Project No. 335-3601-70140. The purpose of this project
is to assist the City of Brentwood with engineering services related to updating and
completing the June 2003 Draft Water Master Plan. The original scope of services was
authorized by contract on July 16, 2004, as amended on December 14, 2004 to extend
the contract termination date to December 31, 2005.
Tasks MP1, MP2 and MP3 have been completed. These completed tasks are:
•   MP1 – Review and Update Model Configuration
•   MP2 – Revise Model Demand Allocations (Node Demands)
•   MP3 – Establish Criteria and Conduct Water System Analysis
A draft tech memo was submitted to the City in May 2005 describing the findings from the
above three tasks. This draft tech memo completed the scope for the above three tasks.
Based on the findings to date and discussion with City staff, the scopes of Task MP4 and
Task MP5 have been revised to better address the City needs for completion of the
project. Upon receipt of written authorization from the City, CDM will conduct Tasks MP4
and MP5 as described herein.
All terms and conditions of the original agreement remain in effect except as modified
herein. The original scopes for Tasks MP4 and MP5 in the agreement dated July 16,
2004, as amended December 14, 2004, are deleted and replaced with the revised scopes
shown below.
Revised Scope of Work
Basic Services for Master Plan Update
Task MP4 – Finalize Recommended Improvements and Tech Memo, and Provide
Final Master Plan Information
The purpose of this task is to finalize the recommended water system improvements in
the May 2005 draft tech memo, and provide a final package of master plan information for
the City’s use.
Approach:
 • Revise the draft tech memo dated May 2005 to incorporate City comments (already
   received by CDM in a markup draft and discussed with City staff by phone).
 • Finalize the tables summarizing the recommended storage, pumping and pipeline
   improvements to meet buildout demands.


                                      Page 1 of 4
                                                                            City of Brentwood
                                                 Services Related to Water Master Plan Update
                                                                      Addendum to Exhibit “A”
                                                       Revised Scope for Tasks MP4 and MP5


 • Finalize the water system map showing the existing water system facilities and the
   recommended improvements. More street names will be added to the map to identify
   primary roads.
 • Prepare a profile schematic of the City’s system showing zone service elevation
   ranges and key facilities (reservoirs, pump stations, PRVs).
 • Provide a final draft tech memo and map summarizing the findings from Tasks MP1
   through MP4 for City review.
 • Meet (or conference call) with City staff to discuss any comments on the final draft
   information.
 • Meet with City staff to discuss any outstanding review comments that remain to be
   finalized. If any comments are not incorporated, prepare a response to the City with
   an explanation.
 • Make any final revisions to the tech memo and final map of existing and future water
   system facilities, in order to address City comments.
 • Provide a reproducible original of the final tech memo and final map that shows
   existing and future water system facilities, and all model and report files on CD-ROM
   (native files, and pdf of tech memos).
Assumptions:
 • Improvements will be described at conceptual planning-level, i.e., general conceptual
   locations, required conceptual capacities.
 • No water quality modeling will be done as part of this project.
 • The City will package the final information for public use (e.g., ring binder or comb-
   bound), and handle reproduction of the final master plan package.
 • Scope does not include preparation of any CEQA documentation for the master plan,
   or providing information for CEQA documentation other than the information in the
   report itself.
 • Scope does not include presentations to the City Council or to City senior
   management.
Deliverables:
 • Final draft of tech memo and map for final review.
 • Final master plan tech memo and map (one reproducible hard copy, plus pdf file), all
   report and model files in native format on CD-ROM.
Task MP5 – Provide Model Training and Materials, and Post-Training Support
The purpose of this task is to provide training regarding the hydraulic model and model
documentation to City staff.
Approach:
  • Develop training approach and materials.
  • Provide a draft agenda for City review prior to the training.

                                         Page 2 of 4
                                                                              City of Brentwood
                                                   Services Related to Water Master Plan Update
                                                                        Addendum to Exhibit “A”
                                                         Revised Scope for Tasks MP4 and MP5


    • Conduct a one-day (6-hour) training session for City staff.
      − The training will consist of an initial overview describing the overall model
          capabilities, which will last approximately 1 to 2 hours.
      − The remainder of the training will be hands-on training for the City staff person
          who will have primary responsibility for the model. This training will be one-to-one
          hands-one training using real-life examples of simple “what-if” situations that the
          City may want to check.
      − The “what-if” examples will be selected with input from the City as to what the City
          would anticipate doing the most. They may include: changing a future pipe size
          and seeing if it meets the criteria, checking fire flow amounts and pressures at
          selected locations; checking system pressures during peak hour demands,
          checking for the impact of adding a new demand, and creating hydraulic gradeline
          plots at selected locations in the system. For each example, CDM will prepare a
          written checklist documenting the steps to accomplish it.
    • Prepare documentation of the model scenarios developed for the City’s plan
      summarizing the key datasets used for each scenario.
    • At the training session, CDM will provide a manual (3-ring binder or comb bound) that
      includes all the training materials and the model scenario documentation.
    • The level of effort includes an allowance of up to 16 hours for post training support to
      answer follow-up questions and provide follow-up guidance to City staff regarding use
      of the model. This may include phone discussions, reviewing model information
      generated by City staff, follow-up visit to City office, or other forms of support.
Assumptions:
 • It assumed that the training will be conducted at the City’s office.
 • Scope does not include providing computer software or hardware. It is assumed that
   the City has the most recent version of the Watercad model (Version 7), and will
   provide its own computer for the hands-on training.
 • Training information focuses on the specifics of the City’s model. The Watercad
   software comes with extensive on-line support for general questions related to the
   software.
Deliverables: Training agenda, electronic files for model, training manual of training
materials and model scenario documentation.
Project Schedule and Time of Completion
The time for completion of the major deliverables for the master plan update after
authorization to proceed:
•     Task MP4 final draft information within 4 to 6 weeks after authorization to proceed
      with revised scope. Final deliverables within 2 to 3 weeks after receipt of City
      comments on final draft.
•     Task MP5 training date to be determined in conjunction with City staff.


                                           Page 3 of 4
                                                                                 City of Brentwood
                                                      Services Related to Water Master Plan Update
                                                                           Addendum to Exhibit “A”
                                                            Revised Scope for Tasks MP4 and MP5


Compensation
The not-to-exceed total project cost remains $72,000 for all services, as shown in the
table on the following page. The total cost includes labor, other direct costs, overhead
and profit.
The costs of the Revised Tasks MP4 and MP5 have been revised to reflect the revised
scopes.
The table below shows the previously authorized amount for Tasks MP1 through MP3,
and the revised amounts for Revised Tasks MP4 and MP5. Project management costs
are included as part of the costs of the technical tasks.
Billing will be on the same time and materials terms as in the original agreement
according to the billing rate schedule in Attachment 1 of the original Exhibit “A”.

                              Task                                     Amount
Basic Services Related to Master Plan Update
Task MP1 – Review & Update Model Configuration                          $12,000
Task MP2 - Revise Model Demand Allocations                              $14,000
Task MP3 – Establish Criteria and Conduct Water System Analysis         $19,000
              Subtotal for Tasks MP1 – MP3 (authorized to date)         $45,000
Task MP4 (Revised) – Finalize Recommended Improvements and              $12,000
Master Plan Information
Task MP5 (Revised) – Provide Model Training, Model Training             $15,000
Materials, and Post-Training Support
                       Subtotal for Revised Tasks MP4 and MP5           $27,000
                   TOTAL (not to exceed) – Master Plan Update           $72,000




                                              Page 4 of 4
                         CITY COUNCIL AGENDA ITEM NO. 8


Meeting Date: September 27, 2005

Subject/Title:   Approve a Resolution amending the 2005/06 – 2009/10 Capital Improvement
                 Program (CIP) to include the budget for the Pedestrian and Bicycle Safety
                 Program.

Prepared by:     Engineering: Teresa Wooten

Approved by: Engineering: Bailey Grewal



RECOMMENDATION
Adopt a Resolution amending the 2005/06 – 2009/10 Capital Improvement Program (CIP) to
include the budget for the Pedestrian and Bicycle Safety Program.

PREVIOUS ACTION
On May 24, 2005, by Resolution No. 2005-115, City Council adopted the City’s 2005/06 –
2009/10 Capital Improvement Program (CIP).

On September 13, 2005, City Council approved Resolution No. 2005-221, authorizing the City
Manager to execute the Funding Agreement with the State of California Office of Traffic Safety
for a safety grant in the amount of $138,275.

BACKGROUND
The California Office of Traffic Safety (OTS) makes funds available to local government for the
purposes of reducing vehicle, bicycle and pedestrian collisions and making public roadways
safer. Funding is based upon the magnitude and severity of the problems identified and
availability of funds.

A “concept paper” was submitted by staff from the Engineering and Finance Departments
requesting a grant in the amount of $138,275 in the Pedestrian and Bicycle Safety program
area, due to the need shown by the OTS ranking. Of this grant, $56,253 will pay for the
purchase of equipment and all appurtenances for in-pavement lighted crosswalks. The City of
Brentwood must pay for the installation costs associated with the lighted crosswalks.

FISCAL IMPACT
The attached CIP budget sheet reflects funding for the purchase and installation of the in-
pavement lighted crosswalks for a total amount of $129,253. Of this amount, $73,000 is
requested from the General Fund and $56,253 will be reimbursed through the OTS Safety
Grant. Claims for reimbursable costs will be submitted quarterly per the executed agreement.
This is a one-time cost.

Attachments:
Resolution
CIP Budget Sheet
CIP Project Map
                                     RESOLUTION NO.


       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       AMENDING THE 2005/06 – 2009/10 CAPITAL IMPROVEMENT PROGRAM (CIP) TO
       INCLUDE THE BUDGET FOR THE PEDESTRIAN AND BICYCLE SAFETY
       PROGRAM.


       WHEREAS, the Office of Traffic Safety (OTS) administers a federal grant program using
federal funds apportioned to California under the National Highway Safety Act and the
Transportation Equity Act for the 21st Century (TEA-21) for programs designed to reduce
deaths, injuries and economic losses resulting from traffic related collisions; and

        WHEREAS, OTS solicits project proposals from each region for this program each
winter for implementation beginning in the following Federal fiscal year; and

        WHEREAS, the City of Brentwood recognizes the traffic safety risks that children face
while bicycling and on foot; and

      WHEREAS, based on the “concept paper” submitted for the City of Brentwood
Pedestrian and Bicycle Safety Program, OTS has approved funding for the project in the
amount of $138,275 for the period from October 1, 2005 to December 31, 2007; and

       WHEREAS, the intent of the Pedestrian and Bicycle Safety Program is to reduce
pedestrian and bicycle collisions with a combination of education, enforcement and engineering
technology with collision-tracking software and installation of in-pavement lighted crosswalks;
and

      WHEREAS, the City of Brentwood is responsible for funding the installation of lighted
crosswalks and appurtenances; and

        WHEREAS, a budget for the Pedestrian and Bicycle Safety Program has been created
to fund the above installation; and

        NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood
that the 2005/06 – 2009/10 Capital Improvement Program (CIP) is hereby amended to include
the budget for the Pedestrian and Bicycle Safety Program.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 27th day of September 2005 by the following vote:
                                                                                     CITY OF BRENTWOOD
                                                                               Capital Improvement Program Project
                                                                                                2005/06-2009/10
Project Title:               OTS Safety Grant - Bicycle and Pedestrian Safety Program                                                                                                                    Project #
Location:      Locations in various parts of Brentwood that are needed to increase pedestrian and bicycle safety at                  Redevelopment Area:                                       n/a
               crossing of arterial streets and to improve trail connections.
                                                                                                                                     Project Mgr:                                    T. Wooten
Project Priority:            1A - Mandatory                                          Construction:                  City             General Plan Relationship:                      Consistent
Project Description:                                                                                                                 Justification:
                                                                                                                                       The City of Brentwood is currently ranked low for pedestrian and bicycle
   Installation costs for in-pavement lighted crosswalks and all necessary appurtenances funded by the OTS                             safety by the California Office of Traffic Safety (OTS) based on the
   Safety Grant agreement authorized by City Council Resolution 2005-221                                                               number of injuries and fatalities for cities of comparable size within
                                                                                                                                       California.

                                                                                                                                       OTS has requested that the City of Brentwood continue to apply and
                                                                                                                                       implement grant funding until our ranking subtantially improves.
                                                                                           PROJECT FINANCING
Project Expenditures                                                  Prior                05-06       06-07                                  07-08            08-09                 09-10                TOTAL
 70239 Legal

 90040 Planning and Design                                                                        3,000                                                                                              $          3,000
 90050 Construction                                                                              77,473                 44,780                                                                       $        122,253
 90070 Project Administration                                                                     2,000                  2,000                                                                       $          4,000
 90100 Land/ROW/Acquisitions
TOTAL                                                                                 $          82,473     $           46,780                                                                       $        129,253

Project Funding                                                       Prior                 05-06                  06-07                      07-08            08-09                 09-10                TOTAL
 47xxx General Fund                                                                            47,000                 26,000                                                                         $       73,000
 47xxx Facility Fees

 47xxx Enterprise

 44xxx Federal/State Funding

 46xxx Developer Contributions

 47xxx Measure C

       Other           OTS Safety Grant                                                          35,473                 20,780                                                                       $         56,253
TOTAL                                                                                 $          82,473     $           46,780                                                                       $        129,253
Review and Comment:                                                                                          Future Annual Operating/Maintenance Cost



  The City of Brentwood has been awarded $138,275.72 from the State of Califoria Office of Traffic Safety for improvements benefitting bicycle and pedestrian safety. The grant will pay for the purchase of the
  crosswalk equipment but the City is responsible for providing a funding mechanism for the installation.




Project Manager:             T. Wooten                               Circle One: Roads           Parks      Water          Wastewater             Community Facilities      Drainage Developer
                           CITY COUNCIL AGENDA ITEM NO. 9



Meeting Date:         September 27, 2005

Subject/Title:        Second Reading and adoption of Ordinance No. 810 to amend the PD-46
                      Zoning District for the Barrington Project

Prepared by:          Winston Rhodes, Senior Planner

Submitted by:     Howard Sword, Community Development Department Director
___________________________________________________________________


RECOMMENDATION
Waive the second reading and adopt Ordinance No. 810 approving an amendment to the PD-46
Zoning District.

BACKGROUND
At its meeting of September 13, 2005, the City Council certified the related Barrington project
Environmental Impact Report, approved a related Tentative Subdivision Map (TSM8548) to
subdivide approximately 160 acres for 494 single-family lots, a 12-acre school site, 7.8-acre
detention basin, 1.1-acre fire station, three pocket parks and related improvements, and
approved a related Development Agreement for the Barrington project. The Council also
introduced and waived the first reading of Ordinance No. 810. This Ordinance would amend the
PD-46 Zone and provide site-specific development standards within seven subareas that
comprise the Barrington project and guide future development of the 160 acres located south of
Sunset road, immediately west of the current City limits, north of Jennifer Street, and east of
Connor Way.

FISCAL IMPACT
The project developer is required to pay all relevant fees as specified in the conditions of
approval for the previously approved related Tentative Subdivision Map and Development
Agreement. The project, once developed, would generate additional property tax for the City.
The project will also increase demand for the urban services the City provides which will result
in ongoing service delivery costs associated with the new residential area.

Attachment:
Ordinance No. 810
                            CITY COUNCIL ORDINANCE NO. 810


       A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       APPROVING A ZONING AMENDMENT FOR APPROXIMATELY 160 ACRES TO THE
       PLANNED DEVELOPMENT NO. 46 (PD 46) ZONING DISTRICT ADDING CHAPTER
       17.497 TO THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES
       DEVELOPMENT STANDARDS FOR SEVEN SUBAREAS WITHIN PD-46 KNOWN AS
       BARRINGTON, LOCATED SOUTH OF SUNSET ROAD, IMMEDIATELY WEST OF
       THE CURRENT CITY LIMITS, NORTH OF JENNIFER STREET, AND EAST OF
       CONNOR WAY (APN 016-190-008).

        WHEREAS, DeNova Homes has requested that the City approve a zoning amendment
(RZ 04-14) for Planned Development District 46 (PD-46) for an approximately 160-acre property
located south of Sunset Road, immediately west of the current city limits, north of Jennifer
Street, and east of Connor Way known as Barrington; and

       WHEREAS, DeNova Homes has requested that the City establish development
standards for seven subareas within PD-46 by adding Chapter 17.497 to the Brentwood
Municipal Code; and

       WHEREAS, on July 19, 2005, the Planning Commission conducted a duly noticed public
hearing, considered a staff report and public comments, and passed Resolution No. 05-45,
which recommended in part the approval of the proposed zoning amendment and specific
development standards for PD-46; and

       WHEREAS, on July 19, 2005, the Planning Commission also recommended the
approval of a related Tentative Subdivision Map (TSM 8548) and a Development Agreement
(DA 04-03) for the Barrington project; and conditionally approved the related design review
request (DR 04-33); and

       WHEREAS, the City of Brentwood determined that an Environmental Impact Report
(EIR) should be prepared to analyze the potential impact and any necessary mitigation
measures for this project; and

       WHEREAS, the draft EIR has been circulated to the State Clearinghouse, all relevant
agencies and interested parties for a 45-day public comment period, per CEQA; and

      WHEREAS, all comments received during the public comment period and written
responses to those comments, taken together with the draft EIR, constitute the Final EIR, per
CEQA; and

       WHEREAS, the City has prepared and certified the final environmental impact report
(the “FEIR”) dated June 2005, State Clearinghouse No. 2005012077 for the Project which
consists of the Barrington Project draft EIR, all the comment letters received during the public
comment period and responses, revisions to the draft EIR text, and which analyzes and
evaluates the project in accordance with the requirements of CEQA, Public Resources Code
Sections 21000 et seq.




                                               2
       WHEREAS, the City has prepared a Mitigation Monitoring Plan (the “MMP”) which
includes the mitigation measures proposed for the Project in the FEIR.

        WHEREAS, the FEIR was prepared for the project in accordance with CEQA and
indicates that all environmental impacts of this project can be reduced to a less-than-significant
level with appropriate mitigation measures; and

       WHEREAS, a Notice of Public Hearing was distributed to all property owners of record
within 300 feet of the project and published in the Brentwood Press on August 12, 2005, in
accordance with City policies and Government Code 65090; and

       WHEREAS, the City Council held a public hearing on the proposed zoning amendment
and specific development standards on September 13, 2005, for the purpose of reviewing the
request, considering the Planning Commission’s action and considering all comments made by
the public with respect to the applicant request; and

        WHEREAS, after the close of the public hearing, the City Council considered all public
comments received both before and during the public hearing, the Planning Commission
recommendation, the presentation by staff, the staff report, and all other pertinent goals,
policies, regulations, and documents regarding the proposed zoning amendment and specific
development standards; and

       WHEREAS, the City Council of the City of Brentwood hereby makes the following
supporting findings for this zoning amendment request as required by Section 17.450.007 of the
City Zoning Ordinance and State CEQA Guidelines:

       1.    The proposed zoning amendment is consistent with and implements the General
             Plan and other applicable City plans because the provisions are consistent with the
             residential and related land use designations and with the planned density allowed
             for the project area; and

       2.    The zoning amendment provides a better land use planning approach and more
             comprehensive zoning designation than exists prior to the request; and

       3.    The site is physically suitable for the type and the density of development
             proposed, in that the General Plan designates the site for the proposed residential
             and non-residential uses, the proposed residential density is less than the
             maximum allowed under the General Plan and the project complies with all
             applicable requirements of the Zoning Ordinance; and

       4.    The proposed zoning amendment request has been processed in accordance with
             the applicable provisions of the California Government Code and CEQA, in that a
             FEIR and MMP has been prepared for the project; and

       5.    The design of the project and proposed zoning amendment request is not likely to
             cause serious public health problems, in that the FEIR analyzes all potential project
             impacts related to public health and includes mitigation measures that reduce all
             potentially significant impacts to less than significant levels; and

       6.    The City Council has reviewed and considered the FEIR. The FEIR reflects the
             independent judgment and analysis of the City Council. The Council has certified


                                                3
      that the FEIR is adequate and objective and complies with CEQA and
      incorporates the findings and conclusions of the FEIR herein by this reference; and

7.    The proposed zoning amendment will establish clear development standards for
      the uses permitted under the General Plan, the Zoning Ordinance, TSM 8548 and
      DR 04-33; and

8.    The proposed zoning amendment is consistent with the City’s previously
      expressed intent to adopt development standards prior to or in conjunction with the
      approval of any specific projects.

9.    The zoning amendment request will provide development standards resulting in
      development that is consistent and compatible with surrounding uses, in that the
      design of the project and the conditions of approval for the project, including all
      mitigation measures, will reduce impacts on surrounding property owners to less
      than significant levels; and

10.   That the PD zoning district for the subject property presents a unified and
      organized arrangement of land uses which are appropriate in relation to adjacent
      or nearby properties

11.   The proposed zoning amendment request will provide for adequate public uses
      and private open space, in that the project complies with all applicable goals and
      policies of the General Plan, as well as with all applicable requirements of the
      Zoning Ordinance; and;

12.   The project will not create a detrimental imbalance between the public service
      needs of its residents and available fiscal and environmental resources
      (Government Code Section 65863.6); and

13.   The zoning amendment request will result in more desirable use of land and an
      improved physical environment than would be possible under any single or
      combination of existing zones because the approximately 160-acre development
      plan has been designed in comprehensive fashion including five neighborhoods,
      three neighborhood parks, a trail system, a future school site, future fire station
      site, shared infrastructure, a combination of single-family uses and unique public
      amenities.

14.   The zoning amendment request involves areas that have suitable relationship to
      one or more abutting public streets which will provide physical access to the project
      site, and said streets as planned are adequate to carry any traffic generated by the
      development, in that Sunset Road is a minor arterial that bounds the north side of
      the project, and the project includes the extension of minor arterial Garin Parkway,
      and major arterial Sand Creek Road, and that the project includes a traffic analysis
      that is incorporated into the FEIR, which further analyzes all potential impacts
      related to transportation and circulation and includes mitigation measures to
      reduce all potentially significant impacts to less than significant levels, and that
      based on the traffic analysis conducted for the project, there is sufficient capacity
      with appropriate improvements to accommodate the traffic anticipated to be
      generated by the development and the adjacent land uses in the vicinity; and




                                         4
       15.   The plan for the proposed development presents a unified and organized
             arrangement of homes and service facilities which are appropriate in relation to
             adjacent or nearby properties, and adequate landscaping and/or screening buffers
             are included to ensure compatibility, where homes abut arterial roadways or are
             near to the future fire station site; and

       16.   The natural and scenic qualities of the project site are protected with adequate
             public open spaces designated on the development plan.

       17.   The effect of this ordinance on the housing needs of the region surrounding
             Brentwood has been considered by the City Council, which has balanced those
             needs against the public service needs of its residents and available fiscal and
             environmental resources (Government Code 65863.6)

       18.   The development of the project site, in the manner proposed by the applicant, will
             not be detrimental to the public welfare, will be in the best interests of the City and
             will be in keeping with the general intent and spirit of the Zoning Ordinance and
             with the City’s General Plan, including all relevant Elements thereof, and with any
             applicable Specific Plan adopted by the City.


NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does
hereby ordain as follows:

Section 1.

       A. Approves the zoning amendment for approximately 160 acres, identified as
          Assessor’s Parcel Number 016-190-008, as shown on Exhibit “A” to this Ordinance.

       B. Directs City staff to amend the Municipal Code by adding Chapter 17.497 providing
          development standards and the accompanying subarea map for PD-46 as follows:

CHAPTER 17.497
PLANNED DEVELOPMENT 46 (PD-46) ZONE

17.497.001    AUTHORITY, PURPOSE AND INTENT
17.497.002    PERMITTED USES FOR EACH SUBAREA
17.497.003    CONDITIONALLY PERMITTED USES FOR EACH SUBAREA
17.497.004    GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A
17.497.005    GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B
17.497.006    GENERAL DEVELOPMENT STANDARDS FOR SUBAREA C
17.497.007    GENERAL DEVELOPMENT STANDARDS FOR SUBAREA D
17.497.008    GENERAL DEVELOPMENT STANDARDS FOR SUBAREA E
17.497.009    GENERAL DEVELOPMENT STANDARDS FOR SUBAREA F
17.497.010    GENERAL DEVELOPMENT STANDARDS FOR SUBAREA G
17.497.011    OTHER REGULATIONS

17.497.001    AUTHORITY, PURPOSE, AND INTENT.
The authority, purpose and intent for the adoption of the PD-46 (Planned Development 46) Zone
are as follows:


                                                 5
A.    Authority: PD-46 is adopted pursuant to the authority set fourth in Chapter 17.450,
      Planned Development Zones, General Regulations, of the Brentwood Municipal Code.

B.    Purpose: The purpose of the PD-46 Zone is to permit and regulate the orderly
      development of the area shown in the attached Subarea Map in accordance with the
      Brentwood General Plan for a maximum of 494 lots. The PD-46 area is divided into
      seven (7) subareas as shown in Subarea Map which is attached to this ordinance and
      incorporated herein by reference.

C.    Intent: The zoning district is intended to provide a residential area with five (5) distinct
      neighborhoods with a diverse mix of single family homes on various lots sizes, an
      elementary school site, a detention basin, a fire station site, and three parks with
      recreational amenities and open space in conformance with the adopted General Plan.

17.497.002   PERMITTED USES FOR EACH SUBAREA

SUBAREA A – Neighborhood 1

      •      Single-family dwelling units.

      •      Parks, playgrounds, and recreation trails.

      •      Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-
             1, single family residential zone)

SUBAREA B – Neighborhood 2

      •      Single-family dwellings units.

      •      Parks, playgrounds, and recreation trails.

      •      Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-
             1, single family residential zone)

SUBAREA C – Neighborhood 3

      •      Single-family dwellings units.

      •      Public facilities including schools and fire stations.

      •      Parks, playgrounds, and recreation trails.

      •      Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-
             1, single family residential zone)

SUBAREA D – Neighborhood 4

      •      Single-family dwellings units.


                                                6
      •      Parks, playgrounds, and recreation trails.

      •      Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-
             1, single family residential zone)

SUBAREA E - Neighborhood 5

      •      Single-family dwellings units.

      •      Flood control facilities

      •      Parks, playgrounds, and recreation trails.

      •      Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-
             1, single family residential zone)


SUBAREA F - (5,000 Square Foot Lots)

      •      Single-family dwellings units.

      •      Parks, playgrounds, and recreation trails.

      •      Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-
             1, single family residential zone)

SUBAREA G - (Zipper Lots)

      •      Single-family dwellings units.

      •      Parks, playgrounds, and recreation trails.

      •      Other permitted uses identified in Section 17.130 of the zoning ordinance (the R-
             1, single family residential zone)

17.497.003 CONDITIONALLY PERMITTED USES FOR EACH SUBAREA

SUBAREA A

•     Secondary housing units subject to Section 17.100.005

•     Conditionally permitted uses are those uses identified in Section 17.130 of the zoning
      ordinance (the R-1, single family residential zone), which are subject to the granting of a
      conditional use permit by the City.


SUBAREA B

•     Secondary housing units subject to Section 17.100.005


                                               7
•    Conditionally permitted uses are those uses identified in Section 17.130 of the zoning
     ordinance (the R-1, single family residential zone), which are subject to the granting of a
     conditional use permit by the City.


SUBAREA C

•    Secondary housing units subject to Section 17.100.005

•    Conditionally permitted uses are those uses identified in Section 17.130 of the zoning
     ordinance (the R-1, single family residential zone), which are subject to the granting of a
     conditional use permit by the City.

•    Nursery, childcare, day care center.


SUBAREA D

•    Secondary housing units subject to Section 17.100.005

•    Conditionally permitted uses are those uses identified in Section 17.130.003 of the
     zoning ordinance (the R-1, single family residential zone), which are subject to the
     granting of a conditional use permit by the City.


SUBAREA E

•    Secondary housing units subject to Section 17.100.005

•    Conditionally permitted uses are those uses identified in Section 17.130.003 of the
     zoning ordinance (the R-1, single family residential zone), which are subject to the
     granting of a conditional use permit by the City.


SUBAREA F

•    Secondary housing units subject to Section 17.100.005

•    Conditionally permitted uses are those uses identified in Section 17.130.003 of the
     zoning ordinance (the R-1, single family residential zone), which are subject to the
     granting of a conditional use permit by the City.


SUBAREA G

•    Conditionally permitted uses are those uses identified in Section 17.130.003 of the
     zoning ordinance (the R-1, single family residential zone), which are subject to the
     granting of a conditional use permit by the City.




                                              8
17.497.004   GENERAL DEVELOPMENT STANDARDS FOR SUBAREA A:

A.    Minimum Lot Area: 6,400 square feet

B.    Minimum Lot Width: 64 feet

C.    Minimum Lot Depth: 85 feet

D.    Minimum Lot Frontage: 40 feet

E.    Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for side-loading
      garages and living space, and 10 feet for front porches.

F.    Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides. For corner lots
      the street side yard shall be a minimum of 8 feet and a total of 13 feet for both sides.

G.    Minimum Rear Yard Setback:       20 feet for main residence and 5 feet for detached
      garage.

H.    Maximum Building Height: 30 feet and two stories for main residence and 15 feet and
      one story for detached garages.

I.    Minimum Detached Living Unit Rear Setback: 5 feet.

J.    Minimum Detached Living Unit Side Setback: 5 feet.

K.    Maximum Lot Coverage: 40 percent including main residence and detached garage
      area.


17.497.005 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA B:

A.    Minimum Lot Area: 6,400 square feet.

B.    Minimum Lot Width: 64 feet.

C.    Minimum Lot Depth: 80 feet and 55 feet for lots on cul-de-sacs, knuckles or curvilinear
      streets at the shortest side property line.

D.    Minimum Lot Frontage: 40 feet

E.    Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for side-loading
      garages and living space, and 10 feet for front porches.

F.    Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides. For corner lots
      the street side yard shall be a minimum of 10 feet and a total of 15 feet for both sides.

G.    Minimum Rear Yard Setback: 20 feet.


                                              9
H.   Maximum Building Height: 30 feet and two stories.

I.   Maximum Lot Coverage: 45 percent.


17.497.006 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA C:

A.   Minimum Lot Area: 5,700 square feet.

B.   Minimum Lot Width: 57 feet.

C.   Minimum Lot Depth: 90 feet.

D.   Minimum Lot Frontage: 30 feet

E.   Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for living space
     or side-loading garages, and 10 feet for front porches.

F.   Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides. For corner lots
     the street side yard shall be a minimum of 8 feet and a total of 13 feet for both sides.

G.   Minimum Rear Yard Setback: 20 feet.

H.   Maximum Building Height: 30 feet and two stories for main residence and 15 feet and
     one story for detached garages.

I.   Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two story units.


17.497.007 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA D:

A.   Minimum Lot Area: 6,700 square feet

B.   Minimum Lot Width: 67 feet

C.   Minimum Lot Depth: 75 feet

D.   Minimum Lot Frontage: 70 feet

E.   Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for side-loading
     garages or living space, and 10 feet for front porches.

F.   Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides. For corner lots
     the street side yard setback shall be a minimum of 10 feet and a total of 15 feet for both
     sides.

G.   Minimum Rear Yard Setback: 20 feet.




                                            10
H.   Maximum Building Height: 30 feet and two stories for main residence and 15 feet and
     one story for detached garages.

I.   Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two story units.


17.497.008 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA E:

A.   Minimum Lot Area: 7,800 square feet

B.   Minimum Lot Width: 75 feet

C.   Minimum Lot Depth: 85 feet

D.   Minimum Lot Frontage: 60 feet

E.   Minimum Front Yard Setback: 20 feet for street facing garages, 15 feet for side-loading
     garages or living space, and 10 feet for front porches.

F.   Minimum Side Yard Setback: 5 feet and a total of 15 feet for both sides. For corner lots
     the street side yard setback shall be a minimum of 10 feet.

G.   Minimum Rear Yard Setback: 20 feet.

H.   Maximum Building Height: 30 feet and two stories

I.   Maximum Lot Coverage: 45 percent for single story unit; 40 percent for two-story units.



17.497.009 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA F (5,000 sq. ft. lots)

A.   Minimum Lot Area: 5,000 square feet.

B.   Minimum Lot Width: 50 feet.

C.   Minimum Lot Depth: 100 feet.

D.   Minimum Front Yard Setback: 20 feet for street facing garages.

E.   Minimum Side Yard Setback: 5 feet and a total of 10 feet for both sides.

F.   Minimum Rear Yard Setback: 15 feet for single-story portions, all two-story additions
     must maintain a minimum 20 ft.

G.   Maximum Building Height: 30 feet and two stories.

H.   Maximum Lot Coverage: 45 percent.




                                            11
17.497.010 GENERAL DEVELOPMENT STANDARDS FOR SUBAREA G (Zipper Lots)

A.   Minimum Lot Area: 3,600 square feet.

B.   Minimum Lot Width: 23 feet.

C.   Minimum Lot Depth: 95 feet.

D.   Minimum Front Yard Setback: 20 feet for street facing garages and 10 feet for turned
     garages.

E.   Minimum Side Yard Setback: 4 feet and a total of 9 feet for both sides.

F.   Minimum Rear Yard Setback: 5 feet.

G.   Maximum Building Height: 30 feet and two stories.

H.   Maximum Lot Coverage: 40 percent.


17.497.011 OTHER REGULATIONS:

A.   Design and Site Development shall be required for all housing units pursuant to Sections
     17.100.003 and 17.100.004H.

B.   Off-street parking shall be provided pursuant to Chapter 17.620 and Section
     17.100.004H.

C.   The parking and storage of boats, trailers and similar vehicles and equipment shall be
     subject to the provisions of Section 17.620.016.

D.   Accessory buildings and structures shall be permitted pursuant to the provisions of
     Chapter 17.660 provided lot coverage does not exceed 50 percent.

E.   Architectural features may project into any required yard pursuant to the provision of
     Chapter 17.660 with the following exceptions:

        a. Pop-outs at garage doors may encroach 2’-0” feet into front yard setback.

        b. Non-structural elements including flatwork, column flairs, architectural elements,
           overhangs, and decorative build-outs may encroach up to 2’-0” into all setbacks.

        c. Setbacks for side loading garages are to be measured to structural walls. Built-
           out or recessed window elements may encroach up to 2’-0” into front yards.

F.   Lot width for lots on cul-de-sacs, knuckles or curvilinear streets shall be measured thirty
     (30) feet from the front property line.

G.   The development of this zoning district shall be substantially in accordance with the
     Development Plan. Variations in the Development Plan including street and lot pattern
     may be approved though the subdivision map process.


                                             12
H.   Fences shall be set back a minimum of 5 ft. from a side yard property line. The
     homeowner shall be responsible for planting and maintaining attractive landscaping in
     the area between the fence and sidewalk.




                                          13
Section 2.

   A. This Ordinance shall be published in accordance with applicable law, by one or more of
      the following methods:

             1.   Posting the entire Ordinance in at least three (3) public places in the City of
                  Brentwood, within fifteen (15) days after its passage and adoption; or

             2.   Publishing the entire Ordinance at least once in the Ledger-Dispatch, a
                  newspaper of general circulation published in the County of Contra Costa and
                  circulated in the City of Brentwood, within fifteen (15) days after its passage and
                  adoption; or

             3.   Publishing a summary of the Ordinance prepared by the City Attorney in the
                  Brentwood Press and posting a certified copy of the entire Ordinance in the
                  Office of the City Clerk at least five (5) days prior to passage and adoption,
                  along with the names of those City Council members voting for and against the
                  Ordinance.

   B. This Ordinance shall go into effect thirty (30) days after the date of its passage and
      adoption.

Section 3. In accordance with Government Code Section 65863.5, upon the effective date of
this Ordinance, a copy shall be delivered to the County Assessor.


THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular
meeting of the Brentwood City Council on the 13th day of September 2005 and adopted at a
regular meeting of the Brentwood City Council on the 27th of September 2005, by the following
vote:

Attachments:
Exhibit "A" – Location Map for PD-46 Zoning Amendment




                                                  15
                            CITY COUNCIL AGENDA ITEM NO. 10



Meeting Date: September 27, 2005

Subject/Title:   Second reading and adoption of Ordinance No. 811 approving a Rezone (RZ
                 05-06) and creation of development standards for an approximate 112-acre site
                 (Prewett Ranch), located between Lone Tree Way and Grant Street, just east
                 of O’Hara Avenue

Prepared by:     Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Community Development Director



RECOMMENDATION
Waive the second reading and adopt Ordinance No. 811.

PREVIOUS ACTION
At its meeting on September 13, 2005, the City Council waived the first reading of Ordinance
No. 811 on a 4-0 vote (Mayor Swisher was absent).

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with a single-family
residential subdivision consisting of 240 new lots, per the plans approved by the Planning
Commission on August 16, 2005.

FISCAL IMPACT
The applicant is required to pay all relevant fees as specified in the conditions of approval for
the Vesting Tentative Subdivision Map. The project, once developed, would generate additional
property tax for the City. The project will also increase demand for the urban services the City
provides, which will result in ongoing service delivery costs associated with the new
neighborhood.

Attachments:
Ordinance
                                    ORDINANCE NO. 811

       AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       APPROVING A REZONE (RZ 05-06) FROM R-1-6, R-1-E, AND PD-39 TO PD-39 WITH
       THE ESTABLISHMENT OF SPECIFIC DEVELOPMENT STANDARDS FOR AN
       APPROXIMATE 112-ACRE SITE, LOCATED BETWEEN LONE TREE WAY AND
       GRANT STREET, JUST EAST OF O’HARA AVENUE (APN’S 018-120-002, 003, 006,
       AND 008, AND 018-130-004, 005, 006, AND 009).

       WHEREAS, Suncrest Homes has requested that the City approve a rezone from R-1-6,
R-1-E, and PD-39 to PD-39, a vesting tentative subdivision map to subdivide an approximate
112-acre site into 240 single-family residential lots, and a design review for 13 house plans,
located between Lone Tree Way and Grant Street, just east of O’Hara Avenue; and

       WHEREAS, on August 16, 2005, the Planning Commission conducted a duly noticed
public hearing, considered public comments, and passed Resolution No. 05-53, which
recommended approval of the rezone and vesting tentative subdivision map; and

       WHEREAS, the Planning Commission concurrently reviewed and conditionally approved
the design review; and

        WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared for this
project in accordance with the California Environmental Quality Act (CEQA) and are considered
a part of this review and approval process; and

       WHEREAS, the Mitigated Negative Declaration identifies potentially significant
environmental effects associated with the proposed project which can be feasibly mitigated or
avoided and these project measures are included in the project conditions of approval and will
reduce the impacts identified to a less than significant level; and

        WHEREAS, the availability of said environmental document for the minimum 20-day
public review and comment period was begun on July 14, 2005, and ended on August 2, 2005,
and no comments were received during the review period; and

        WHEREAS, a Notice of Public Hearing was distributed to all property owners of record
within 300 feet of the project site and published in the Contra Costa Times on July 14, 2005,
and again on September 2, 2005, in accordance with City policies and Government Code
Section 65090; and

        WHEREAS, the City Council held a public hearing on the proposed rezone and specific
development standards on September 13, 2005, for the purpose of reviewing the application,
considering the Planning Commission's action, and considering all comments made by the
public with respect to the request; and

        WHEREAS, after the close of the public hearing, the City Council considered all public
comments received both before and during the public hearing, the Planning Commission
recommendation, the presentation by City staff, the staff report, and all other pertinent goals,
policies, regulations, and documents regarding the proposed rezone and specific development
standards; and




                                               2
       WHEREAS, the City Council of the City of Brentwood hereby makes the following
supporting findings for this application as required by Section 17.870.008 of the City Zoning
Ordinance:

       1. The site is physically suitable for the type and the density of development proposed;
          and

       2. The design of the subdivision is not likely to cause serious public health problems;
          and

       3. The proposed rezone has been processed in accordance with the applicable
          provisions of the California Government Code and the California Environmental
          Quality Act; and

       4. The proposed rezone will establish clear development standards for the uses
          permitted under the General Plan, Zoning Ordinance, and conditionally approved
          Vesting Tentative Subdivision Map No. 8954; and

       5. The proposed rezone will provide standards resulting in development that is
          consistent and compatible with surrounding uses; and

       6. The proposed rezone will provide for adequate public uses and private open space;
          and

       7. The subdivision will generate a level of traffic that can be accommodated by the
          public circulation system, existing or planned; and

       8. The project will serve the housing needs of the City and the region and will not create
          a detrimental imbalance between the public service needs of its residents and
          available fiscal and environmental resources (Government Code Section 65863.6);
          and

       9. The proposed development will clearly result in a more desirable use of land, and a
          better physical environment than would be possible under any single or combination
          of zones; and

       10. The proposed rezone is on property that has a suitable relationship to one or more
           thoroughfares, and said thoroughfares are adequate to carry any traffic generated by
           the development; and

       11. The plan for the proposed development presents a unified and organized
           arrangement of buildings and service facilities which are appropriate in relation to
           adjacent or nearby properties, and adequate landscaping and/or screening is
           included if necessary to ensure compatibility; and

       12. The natural and scenic qualities of the site are protected, with adequate available
           public and private open spaces designated on the development plan; and

       13. The development of the subject property, in the manner proposed by the applicant,
           will not be detrimental to the public welfare, will be in the best interests of the City,
           and will be consistent with the Zoning Ordinance and with the City's General Plan,


                                                3
             including all relevant Elements thereof, and with any applicable Specific Plan
             adopted by the City.

       NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood
hereby finds and determines as follows:

       1. That the Mitigated Negative Declaration for the project has been prepared and
          circulated in accordance with all applicable provisions of the California Environmental
          Quality Act and represents the independent judgment of the City of Brentwood; and

       2. Pursuant to Sections 15162 and 15168(c) of the CEQA Guidelines, the City Council
          finds that the project is within the scope of the development levels evaluated in the
          Program EIR prepared for the 2001 and 1993 City of Brentwood General Plan. The
          Initial Study has further evaluated potential project-specific impacts to the
          environment. Based on this evidence and the Mitigated Negative Declaration, this
          City Council finds that the project will not have any significant environmental impacts
          that were not studied in the Program EIR. The Mitigated Negative Declaration
          applies all applicable mitigation measures to supplement and strengthen the
          Program EIR measures. Therefore, since the mitigation measures are incorporated
          as conditions to the approval of the project, the Mitigated Negative Declaration as
          well as the Program EIR's for the 2001 and 1993 General Plan are adequate for all
          approvals relating to the project; and

       3. The City Council further finds that no significant new information within the meaning
          of Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5
          has been presented to the City that would necessitate re-circulation of the Mitigated
          Negative Declaration for public review. The City Council has considered all verbal
          and written comments relating to the Mitigated Negative Declaration and finds no
          significant new information has arisen.

      NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood
does hereby ordain as follows:

Section 1.

Adopts the Mitigated Negative Declaration prepared for this project and directs staff to file the
Notice of Determination with the Contra Costa County Clerk.

Section 2.

The approximate 112-acre site, as shown on Exhibit "A" to this Ordinance, is hereby rezoned
from R-1-6, R-1-E, and PD-39 to PD-39 for single-family residential development.

Section 3.

Directs staff to make the necessary change to the City Zoning Map.

Section 4.

Chapter 17.490 of the Brentwood Municipal Code, established to regulate development of the
“Lone Oak Equestrian Park” project, is hereby rescinded.


                                               4
Section 5.

Chapter 17.490 of the Brentwood Municipal Code is hereby amended for the purpose of
regulating certain real property and establishing development standards for the PD-39 Zone and
Vesting Tentative Subdivision Map No. 8954, as shown on Exhibit "B" to this Ordinance.

Section 6.

Development standards for Vesting Tentative Subdivision Map No. 8954 are hereby included as
shown in Exhibit "C" attached hereto and made a part of this Ordinance.

Section 7.

   A. This Ordinance shall be published in accordance with applicable law, by one or more of
      the following methods:

             1.   Posting the entire Ordinance in at least three (3) public places in the City of
                  Brentwood, within fifteen (15) days after its passage and adoption; or

             2.   Publishing the entire Ordinance at least once in the Ledger-Dispatch, a
                  newspaper of general circulation published in the County of Contra Costa and
                  circulated in the City of Brentwood, within fifteen (15) days after its passage and
                  adoption; or

             3.   Publishing a summary of the Ordinance prepared by the City Attorney in the
                  Ledger-Dispatch and posting a certified copy of the entire Ordinance in the
                  Office of the City Clerk at least five (5) days prior to passage and adoption,
                  along with the names of those City Council members voting for and against the
                  Ordinance.

   B. This Ordinance shall go into effect thirty (30) days after the date of its passage and
      adoption.

Section 8.

In accordance with Government Code Section 65863.5, upon the effective date of this
Ordinance, a copy shall be delivered to the County Assessor.

        THE FOREGOING ORDINANCE was introduced with the first reading waived at a
regular meeting of the Brentwood City Council on the 13th day of September 2005, by the
following vote:

And was adopted at a regular meeting of the Brentwood City Council on the 27th day of
September 2005, by the following vote:

Exhibits:
Exhibit "A" – Subarea map of PD-39
Exhibit "B" – Legal description of area to be rezoned
Exhibit "C" – Development standards for PD-39



                                                  5
                                 EXHIBIT "C" TO
                         CITY COUNCIL ORDINANCE NO. 811
                          DEVELOPMENT STANDARDS FOR
                   VESTING TENTATIVE SUBDIVISION MAP NO. 8954

CHAPTER 17.490
PD-39 (PLANNED DEVELOPMENT NO. 39) ZONE

                  SUNCREST HOMES (VTSM 8954) – PREWETT RANCH


17.490.001             AUTHORITY, PURPOSE AND INTENT
17.490.002             PERMITTED USES
17.490.003             CONDITIONALLY PERMITTED USES
17.490.004             REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT
                       AND RELATED MATTERS
17.490.005             OTHER REGULATIONS


17.490.001   AUTHORITY, PURPOSE AND INTENT

             The authority, purpose and intent for the adoption of the PD-39 (Planned
             Development No. 39) Zone, as shown on Attachment “A”, are as follows:

             A.     Authority: The PD-39 Zone is adopted pursuant to the authority set forth
                    in Chapter 17.450, Planned Development Zones, General Regulations, of
                    the Brentwood Municipal Code.

             B.     Purpose: The purpose of the PD-39 Zone is to permit and regulate the
                    orderly development of approximately 112 acres located between Lone
                    Tree Way and Grant Street, just east of O’Hara Avenue, with a
                    combination of very low and low density residential uses in accordance
                    with the Brentwood General Plan, for a maximum of 240 lots and 13
                    remainder parcels, including parks and a trail system.

             C.     Intent: The intent of creating the PD-39 Zone is to ensure the coordinated
                    development of the entire property in order to minimize impacts on
                    adjacent areas, while providing for needed housing.

17.490.002   PERMITTED USES:

             The following uses are permitted in the PD-39 Zone:

             A.     Single-family dwelling units not exceeding a density of 2.14 units per
                    gross acre, for a maximum of 240 primary units;

             B.     Parks, playgrounds, and recreational trails;




                                             10
             C.     Those uses permitted under the R-1 Zone, Section 17.130.002 of the
                    zoning ordinance;

17.490.003   CONDITIONALLY PERMITTED USES:

             The following uses are conditionally permitted in the PD-39 Zone:

             A.     Those uses conditionally permitted under the R-1 Zone, Section
                    17.130.003 of the zoning ordinance.

17.490.004   REGULATIONS FOR LOT AREA, DENSITY, YARDS, HEIGHT, AND
             RELATED MATTERS:

             All permitted and conditionally permitted uses developed within the PD-39 Zone
             shall comply with the following regulations:

             SUBAREA A: THE EXECUTIVES

      A.     Minimum Lot Area: 10,000 square feet
      B.     Minimum Lot Width: 85 feet
      C.     Minimum Lot Depth: 110 feet
      D.     Minimum Lot Frontage: 30 feet for lots on cul-de-sacs, knuckles or curvilinear
             streets at the front property line
      E.     Minimum Front Yard Setback: 25 feet (20 feet for porches)
      F.     Minimum Side Yard Setback: 10 feet (5 feet for detached and semi-detached
             garages and porte cocheres)
      G.     Minimum Rear Yard Setback: 20 feet
      H.     Maximum Building Height: 2 stories, not to exceed 30 feet
      I.     Maximum Lot Coverage: 40%
      J.     Corner Lot Fence Setback: 5 feet from the street side property line; all other
             fence regulations shall adhere to the requirements of Chapter 17.660 of the
             Municipal Code
      K.     Maximum Number of Primary Dwelling Units: 85


             SUBAREA B: THE ESTATES

      A.     Minimum Lot Area: 14,000 square feet
      B.     Minimum Lot Width: 95 feet
      C.     Minimum Lot Depth: 130 feet
      D.     Minimum Lot Frontage: 30 feet for lots on cul-de-sacs, knuckles or curvilinear
             streets at the front property line
      E.     Minimum Front Yard Setback: 25 feet (20 feet for porches)
      F.     Minimum Side Yard Setback: 10 feet (5 feet for detached and semi-detached
             garages and porte cocheres)
      G.     Minimum Rear Yard Setback: 20 feet
      H.     Maximum Building Height: 2 stories, not to exceed 35 feet
      I.     Maximum Lot Coverage: 40%
      J.     Corner Lot Fence Setback: 5 feet from the street side property line; all other
             fence regulations shall adhere to the requirements of Chapter 17.660 of the
             Municipal Code


                                            11
      K.     Maximum Number of Primary Dwelling Units: 145


             SUBAREA C: DENSITY TRANSITION

      A.     Minimum Lot Area: 20,000 square feet
      B.     Minimum Lot Width: 90 feet
      C.     Minimum Lot Depth: 120 feet
      D.     Minimum Lot Frontage: 85 feet for lots on cul-de-sacs, knuckles or curvilinear
             streets at the front property line
      E.     Minimum Front Yard Setback: 25 feet (20 feet for porches)
      F.     Minimum Side Yard Setback: 10 feet (5 feet for detached and semi-detached
             garages and porte cocheres)
      G.     Minimum Rear Yard Setback: 20 feet
      H.     Maximum Building Height: 2 stories, not to exceed 35 feet
      I.     Maximum Lot Coverage: 40%
      J.     Corner Lot Fence Setback: 5 feet from the street side property line; all other
             fence regulations shall adhere to the requirements of Chapter 17.660 of the
             Municipal Code
      K.     Maximum Number of Primary Dwelling Units: 10



17.490.005   OTHER REGULATIONS:

             A.     Design and site development review shall be required for all housing units
                    pursuant to Sections 17.100.003 and 17.100.004.H.

             B.     Off-street parking shall be provided pursuant to Chapter 17.620 and
                    Section 17.100.004.H.

             C.     The parking and storage of boats, trailers and similar vehicles and
                    equipment shall be subject to the provisions of Section 17.620.016.

             D.     Accessory buildings and structures shall be permitted pursuant to the
                    provisions of Chapter 17.660.

             E.     Architectural features may project into any required yard pursuant to the
                    provisions of Chapter 17.660.




                                            12
                          CITY COUNCIL AGENDA ITEM NO. 11



Meeting Date:    September 27, 2005

Subject/Title:   Adopt a Resolution for the cancellation of the November 22, 2005, and
                 December 27, 2005 City Council meetings.

Submitted by: Margaret Wimberly, City Clerk
               on behalf of Mayor Swisher

Approved by:     Donna Landeros, City Manager


RECOMMENDATION
Adopt a Resolution authorizing the cancellation of the November 22, 2005 and December 27,
2005 City Council meetings due to holidays.

PREVIOUS ACTION
None

BACKGROUND
Section 2.04.020 of the Brentwood Municipal Code states that the City Council shall meet on
the second and fourth Tuesday of every calendar month and that regular City Council meetings
shall commence at the time or times as specified by resolution adopted by the City Council.
This section also states that the city council may, prior to a regularly scheduled meeting;
approve by resolution the cancellation of a regularly scheduled meeting.

FISCAL IMPACT
None.
                                      RESOLUTION NO.


       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       CANCELLING THE CITY COUNCIL MEETINGS OF NOVEMBER 22, 2005
       AND DECEMBER 27, 2005

       WHEREAS, Section 2.04.020 of the Brentwood Municipal Code states that City Council
shall meet on the second and fourth Tuesday of every calendar month; and

       WHEREAS, in accordance Section 2.04.020 of the Brentwood Municipal Code, the City
Council may, prior to the regularly scheduled meeting, approve by resolution the cancellation of
a regularly scheduled meeting.

      NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
does hereby cancel the regular City Council meetings scheduled for November 22, 2005 and
December 27, 2005 due to holidays.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 27th day of September, 2005, by the following vote:

       AYES:
       NOES:
       ABSENT:
       ABSTAIN:

                                                           _____________________________
                                                           Brian Swisher
                                                           Mayor



ATTEST:



__________________________________
Margaret Wimberly, CMC
City Clerk
                             CITY COUNCIL AGENDA ITEM NO. 12



Meeting Date:    September 27, 2005

Subject/Title:   Adopt a Resolution approving a Professional Services Agreement with Frank
                 Kluber, Landscape Architect, to provide as-needed plan check services for
                 2005/06 in an amount not to exceed $50,000, and authorizing the City Manager
                 to enter into said agreement.

Prepared by:     Ken De Silva, Landscape and Facilities Manager

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


RECOMMENDATION
Adopt a Resolution approving a Professional Services Agreement with Frank Kluber, Landscape
Architect, to provide as-needed plan check services for 2005/06 in an amount not to exceed
$50,000, and authorizing the City Manager to enter into said agreement.

PREVIOUS ACTION
None.

BACKGROUND
Frank Kluber, Landscape Architect has performed plan check services, on an as-needed basis,
for the Parks and Recreation Department since 2001. Staff has been very satisfied with the
professional work performed by Frank, when he worked for John Nicol and Associates, on many
miscellaneous projects.

It is the recommendation of staff to authorize the execution of this agreement in an amount not
to exceed $50,000.

FISCAL IMPACT
The funds for this Professional Services Agreement, in the amount not to exceed $50,000 have
been budgeted in Park Planning, Contractual Services, (100-5108.70240) in the approved
2005/2006 Operating Budget.

Attachments:
Resolution
Professional Services Agreement
                                    RESOLUTION NO.


      A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
      APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH FRANK
      KLUBER, LANDSCAPE ARCHITECT FOR AS-NEEDED PLAN CHECK
      SERVICES, FOR 2005/06 IN AN AMOUNT NOT TO EXCEED $50,000 AND
      AUTHORIZING THE CITY MANAGER TO ENTER INTO SAID AGREEMENT.

        WHEREAS, the City Council of the City of Brentwood authorized the City Manager to
enter into agreement with Frank Kluber, Landscape Architect to provide as-needed plan check
services; and

       WHEREAS, the Parks and Recreation Department requires as-needed plan check
services; and

       WHEREAS, staff has been satisfied with the previous plan check services provided by
Frank Kluber, Landscape Architect.

       NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of
Brentwood hereby approves a Professional Services Agreement with Frank Kluber, Landscape
Architect, to provide as-needed plan check services, for 2005/06 in an amount not to exceed
$50,000, and authorizes the City Manager to enter into said agreement.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 27th day of September 2005, by the following vote:
                     AGREEMENT FOR PROFESSIONAL SERVICES

       THIS AGREEMENT, made and entered into this 27 day of September 2005 by and
between the CITY OF BRENTWOOD, a municipal corporation existing under the laws of the
State of California, hereinafter referred to as “City”, and Frank Kluber a Landscape Architect
hereinafter referred to as "Consultant.”

RECITALS

A.    City desires certain Plan Check services in connection with the work referred to as Plan
Check Services (the "Project").

B.      City desires to engage Consultant to provide these services by reason of its
qualifications and experience performing such services and Consultant has offered to provide
the required services on the terms and in the manner set forth herein.

C.     Consultant represents that it is fully licensed and qualified with all professional skills
necessary to perform the services described in this Agreement and has special expertise in the
performance of Plan Check services for public agencies of similar scope and complexity as the
Services to be performed under this Agreement.

NOW, THEREFORE, City and Consultant agree as follows:

SECTION 1 – SCOPE OF SERVICES

The scope of services subject to this agreement and to be performed by Consultant for the
Project is described in Exhibit “A”, Scope of Services, attached hereto and incorporated herein.

SECTION 2 – CONSULTANT'S REPRESENTATIONS AND RESPONSIBILITIES

A.      Consultant acknowledges that in entering into this agreement the City is relying upon
Consultant's special skills and experience to do and perform the services in accordance with
best standards of professional practice in the landscape architect field for public projects of
similar size, scope and complexity. Consultant agrees to perform the services in accordance
with these standards. The acceptance of Consultant's services by City does not operate as a
release of Consultant from these obligations.

B.     Consultant accepts the relationship of trust and confidence established between it and
City by this Agreement. Consultant shall use its best efforts, skill, judgment, and abilities to
assist and work with City to perform the Services, to produce the necessary Plan Check
Services, and to further the interests of City in accordance with City's requirements and
procedures, each in accordance with professional standards that apply to Consultant.

C.     Consultant shall perform the Services in full compliance with applicable federal, state
and local laws and regulations in effect at the time such services are rendered (collectively,
"Applicable Laws").

D.      Consultant shall be responsible for employing or engaging all persons necessary to
perform the Services. All of Consultant's staff shall be qualified by training and experience to
perform their assigned tasks. Consultant shall give its personal attention to the fulfillment of the
provisions of this Agreement by all of its employees and sub-Consultants, if any, and shall keep
the Services under its control. If any employee or sub-Consultant of Consultant fails or refuses
to carry out the provisions of this Agreement or appears to be incompetent or to act in a
disorderly or improper manner, he or she shall be discharged immediately from the work under
this Agreement on demand of City.

E.      One or more members or employees of Consultant's firm are licensed by the State of
California to perform their services and these services will be performed by them or under their
supervision.

F.      Consultant shall submit, for City's approval, a team or staffing proposal for the Services,
complete with job descriptions, names and previous experience of all personnel. Consultant
has designated the Principal, for the Services as stated in Exhibit A - Key Personnel - which
exhibit is incorporated herein by this reference. Consultant shall not change or reassign Key
Personnel without prior notice to City, and shall not replace any Key Personnel with individuals
to whom City has a reasonable objection.

G.     Consultant's services are unique and personal. Consultant shall not assign or transfer
any of its interest or obligation under this Agreement without the City's written consent.
Consultant shall not subcontract its duties under this Agreement without the City's written
consent. No sub-consultant will be recognized by City as such; rather, all sub-consultants are
deemed to be the agents of Consultant, and Consultant agrees to be responsible for their
performance.

SECTION 3 - INDEPENDENT CONTRACTOR

The services to be provided to the City as set forth in this Agreement shall be provided by
Consultant as an independent contractor as defined in Labor Code 3353, under the control of
the City as to the result of the work but not the means by which the result is accomplished, and
nothing herein contained shall be construed to make Consultant an agent or employee of the
City while providing these services. Consultant shall be entitled to no other benefits or
compensation except as provided in this Agreement.

SECTION 4 - DUTIES OF CONSULTANT

A.      Consultant's Services shall be furnished as described below and as more particularly
described in Exhibit “A”, Scope of Services. Any changes in the Scope of Services must be
approved in advance, in writing, by the City Manager or her designee, or if verbally requested by
City, confirmed in writing by Consultant within five (5) working days.

B.     Consultant shall be responsible for the professional quality, technical accuracy and
coordination of all Services. Consultant shall, without additional compensation, correct or revise
any errors or deficiencies in its Services.

C.     Consultant shall furnish City with every reasonable opportunity for City to ascertain that
the Services are being performed in accordance with the requirement and intentions of this
Agreement.



SECTION 5 - TERM, PROGRESS AND COMPLETION

A.      The term of this Agreement shall begin on the date the City Council approves this
Agreement and shall expire upon completion of the Services or when terminated at the end of
the Fiscal Year.
B.    Consultant shall promptly commence performance of the Services upon execution of this
Agreement, and shall diligently pursue performance of the Services until completion.

C.    Consultant shall perform the Services in accordance with the schedule attached hereto
as Exhibit A (the "Schedule"), which Exhibit is incorporated herein by this reference, and any
updates to the Schedule. Consultant shall work such overtime or engage such personnel and
equipment as necessary to maintain the Schedule, without additional compensation.

D.     Time is of the essence in the performance of this Agreement.

SECTION 6 - PAYMENT

A.     Basic Services.

        1.    City shall pay Consultant for full and faithful performance of Basic Services a fee
in the amount of Fifty Thousand Dollars ($50,000) (the "Maximum Contract Amount").

       2.      Progress payments for Basic Services for each phase of the work shall not
exceed the following percentages of the fee:
(Breakdown per order of work)
a.     Schematic Design Phase - fifteen percent (15%).
b.     Design Development Phase - twenty percent (20%).
b.     Contract Documents Phase - forty percent (40%).
d.     Bidding or Negotiations Phase - five percent (5%).
e.     Contract Administration Phase - fifteen percent (15%).
f.     Post Contract Phase - five percent (5%).

       3.       Payments for various items of service may be modified with approval of City so
long as there is no change in the maximum contract amount.

B.     Additional Services.

        1.      City shall pay Consultant for authorized Additional Services on an hourly basis, in
accordance with the schedule of fees attached hereto as Exhibit A. City shall pay only for
Additional Services authorized by the City Manager or her designee in writing or requested
verbally by City and confirmed in writing by Consultant within five (5) working days.

       2.       Consultant and City shall agree upon an estimated not-to-exceed cost for any
proposed Additional Services or, in the case of a verbal request, Consultant shall provide City
with a written estimated not-to-exceed cost for such Additional Services at least one (1) working
day prior to commencing the additional Services. In no event shall City pay for Additional
Services made necessary by Consultant's errors or oversights.

C.      Reimbursable Expenses. In addition to compensation for Basic Services and Additional
Services, City shall reimburse Consultant for Reimbursable Expenses Consultant incurs in the
course of performing Services under this Agreement. Reimbursable Expenses include only the
following items:

        1.     Reproduction and handling of Documents prepared in connection with the
Project;

       2.      Fees paid for securing government approvals for the Project; and

       3.      Other expenses as City may approve in writing in advance.
D.     Consultant shall submit written applications for progress payments in a form satisfactory
to City on or before the first day of each month on account of Basic Services, Additional
Services and Reimbursable Expenses provided during the preceding month. The payment
applications shall identify each person performing services, the time each person spends on
each task (in units not to exceed one quarter hour) and shall be based on the rates in Exhibit A

E.       Within thirty (30) days after receipt of each application for progress payment, City shall
verify the accuracy of the progress payment application, correct the charges where appropriate,
and make payment to Consultant in an amount equal to the amount of such application, as
verified or corrected by City. No payment made hereunder prior to completion and acceptance
of the Project shall be construed as evidence of acceptance of any part of the Services. City
reserves the right to withhold payment from Consultant on account of Services not performed
satisfactorily, delays in Consultant's performance of Services, or other defaults hereunder.
Consultant shall not stop or delay performance of Services under this Agreement on account of
payment disputes with City.
G.       If CITY disagrees with any portion of a billing, the CITY shall promptly notify Consultant
of the disagreement, and the CITY and the Consultant shall attempt to resolve the
disagreement. CITY’S payment of any amounts shall not constitute a waiver of any
disagreement and CITY shall promptly pay all amounts not in dispute.

H.      Consultant shall maintain complete and accurate records of the number of hours worked
by persons and Reimbursable Expenses on the Project during each phase under this
Agreement. All such records shall be maintained on a generally accepted accounting basis and
shall be clearly identified and readily accessible. CITY shall have the right to examine and copy
such books and records at all times. Consultant shall permit the CITY to examine and audit
those books and records, shall permit the CITY to make copies of those books and records, and
shall permit the CITY to inspect all work data, documents, proceedings and activities related to
this Agreement for a period of three (3) years from the date of final payment under this
Agreement. All accounting records shall provide an understandable breakdown of costs
charged to this Agreement.

SECTION 7 - CONFLICT OF INTEREST

        Consultant understands that its professional responsibility is solely to City. Consultant
warrants that it presently has no interest, and will not acquire any direct or indirect interest, that
would conflict with its performance of this Agreement. Consultant shall not knowingly, and shall
take reasonable steps to ensure that it does not, employ a person having such an interest in the
performance of this Agreement. If after employment of a person, Consultant discovers that it
has employed a person with a direct or indirect interest that would conflict with its performance
of this Agreement, Consultant shall promptly disclose the relationship to the City and take such
action as the City may direct to remedy the conflict.

SECTION 8 - TERMINATION

A.      If Consultant at any time refuses or neglects to prosecute its Services in a timely fashion
or in accordance with the Project schedule, or is adjudicated a bankrupt, or commits any act of
insolvency, or makes an assignment for the benefit of creditors without City's consent, or fails to
make prompt payment to persons furnishing labor, equipment, or materials, or fails in any
respect to properly and diligently prosecute its services, or otherwise fails to perform fully any
and all of the agreements herein contained, Consultant shall be in default.

B.     If Consultant fails to cure the default within seven (7) days after written notice thereof,
City may, at its sole option, take possession of any Documents or other materials (in paper and
electronic form) prepared or used by Consultant in connection with the Project and (1) provide
any such work, labor, or materials as may be necessary to overcome the default and deduct the
cost thereof from any money then due or thereafter to become due to Consultant under this
Agreement; or (2) terminate Consultant's right to proceed with this Agreement.

C.      In the event City elects to terminate, City shall have the right to immediate possession of
all Documents and work in progress prepared by Consultant, whether located at the Project, at
Consultant's place of business, or at the offices of a subconsultant, and may employ any other
person or persons to finish the design work and provide the materials therefore. In case of such
default termination, Consultant shall not be entitled to receive any further payment under this
Agreement until the Project is completely finished. At that time, if the unpaid balance of the
amount to be paid under this Agreement exceeds the expenses incurred by City in obtaining
Plan Check services for the Project, such excess shall be paid by City to Consultant, but, if such
expense shall exceed such unpaid balance, then Consultant shall promptly pay to City the
amount by which such expense exceeds such unpaid balance. The expense referred to in the
last sentence shall include expenses incurred by City in causing the services called for under
this Agreement to be provided by others, for attorneys' fees, and for any costs or damages
sustained by City by reason of Consultant's default or defective work.

D. In addition to the foregoing right to terminate for default, City reserves the absolute right to
terminate this Agreement without cause, upon 72-hours' written notice to Consultant. In the
event of termination without cause, Consultant shall be entitled to payment in an amount not to
exceed the Maximum Contract Amount, which shall be calculated as follows: (1) Payment for
Services then satisfactorily completed and accepted by City, plus (2) Payment for Additional
Services satisfactorily completed and accepted by City, plus (3) Reimbursable Expenses
actually incurred by Consultant, as approved by City. The amount of any payment made to
Consultant prior to the date of termination of this Agreement shall be deducted from the
amounts described in (1), (2) and (3) above. Consultant shall not be entitled to any claim or lien
against City or the Project for any additional compensation or damages in the event of such
termination and payment. In addition, the City's right to withhold funds under Section 6(E) shall
be applicable in the event of a termination for convenience.

E.      If this Agreement is terminated by City for default and it is later determined that the
default termination was wrongful, such termination automatically shall be converted to and
treated as a termination for convenience under this Article and Consultant shall be entitled to
receive only the amounts payable hereunder in the event of a termination for convenience.

SECTION 9- OWNERSHIP OF DOCUMENTS

A.     The plans, specifications, estimates, programs, reports, models, and other material
prepared by or on behalf of Consultant under this Agreement including all drafts and working
documents, and including electronic and paper forms (collectively the "Documents"), shall be
and remain the property of the City, whether the Services or Project is completed or not.
Consultant shall deliver all Documents to City upon (1) the substantial completion date of the
Services, (2) the date of termination of this Agreement for any reason, or (3) at any time
requested by City, upon five (5) days written notice.

B.        The Documents may be used by City and its agents, employees, representatives, and
assigns, in whole or in part, or in modified form, for all purposes City may deem advisable,
without further employment of or payment of any compensation to Consultant; provided,
however, that if this Agreement is terminated for any reason prior to completion of the Project
and if under such circumstances City uses, or engages the services of and directs another
Consultant to use, such documents, CITY agrees to hold Consultant harmless from any and all
liability, costs, and expenses (including reasonable legal fees and disbursements), relative to
claims arising out of matters and/or events which occur subsequent to the termination of this
Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for
whose acts it is responsible, in preparation of the Documents. Consultant shall not be
responsible for deficiencies solely attributable to modifications to the Documents performed by
others, or that arise from use of the Documents in connection with a project or site other than
that shown in the Documents.

C.      All reports, information, data, and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential until
released by the City to the public, and the Consultant shall not make any of these documents or
information available to any individual or organization not employed by the Consultant or the
City without the written consent of the City before any such release.

SECTION 10 – INDEMNITY

A.     Claims for Professional Liability – Consultant shall, with respect to all Services
performed in connection with this Agreement, defend, indemnify, and hold the City of
Brentwood, its elected and appointed officers, employees, and volunteers harmless from and
against any and all claims, liability, loss, damage, costs, or expenses, including reasonable
attorneys' fees, awards, fines, or judgments (collectively, "Claims"), arising from or relating to
negligent acts, errors, or omissions in the performance of professional services by Consultant,
its subconsultants, agents or employees. Consultant shall not be obligated under this
Agreement to indemnify City to the extent that the damage is caused by the sole or active
negligence or willful misconduct of City, its agents or employees.

B.      Claims for Other Liability – Consultant shall, with respect to all Services performed in
connection with this Agreement, defend, indemnify, and hold the City of Brentwood, its elected
and appointed officers, employees, and volunteers harmless from and against any and all liens
and Claims by firms or individuals claiming through Consultant, and all Claims for
compensation, the death or bodily injury to persons, injury to property, or other loss, damage, or
expense arising from or related to the Services of Consultant , its subcontractors, agents or
employees. Consultant shall not be obligated under this Agreement to indemnify City to the
extent that the damage is caused by the sole or active negligence or willful misconduct of City,
its agents or employees.

C.      Claims involving intellectual property - In addition to the obligations set forth in (A) and
(B) above, Consultant shall indemnify, defend, and hold the City of Brentwood, its elected and
appointed officers, employees, and volunteers, harmless against any Claim is alleged in which a
violation of intellectual property rights, including but not limited to copyright or patent rights, that
arises out of or relates to the Services of Consultant, its subcontractors, agents or employees.
Consultant shall not be obligated under this Agreement to indemnify City to the extent that the
damage is caused by the sole or active negligence or willful misconduct of City, its agents or
employees.

SECTION 11 – INSURANCE

A.     Consultant shall, at all times it is performing Services under this Agreement, provide and
maintain insurance in the following types and with limits no less than the following amounts:

       1.     Commercial General Liability Insurance, occurrence form, with a limit of not less
than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall
apply separately to this Agreement or be no less than two (2) times the occurrence limit;
       2.    Automobile Liability Insurance, occurrence form, with a limit of not less than
$1,000,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and
non-owned automobiles.

       3.     Professional Liability (errors and omissions) insurance in the minimum amount of
$1,000,000.00 aggregate.

       4.      Workers Compensation in at least the minimum statutory limits.

       5.      Employers Liability Insurance, with minimum limits of $1 million per occurrence.

B.     General Provisions:

        1.     Consultant's general and automobile liability insurance policies shall be endorsed
to name the City of Brentwood, its elected and appointed officers, employees, and volunteers as
additional insureds with respect to this Agreement and the performance of services in this
Agreement. The coverage shall contain no special limitations on the scope of its protection to
the above-designated insureds except for Workers Compensation and errors and omissions
insurance.

        2.     Consultant's general and automobile liability insurance policies shall be endorsed
so that they are primary with respect to any insurance or self-insurance programs of CITY, its
officers, employees, and volunteers.

        3.      Before performing any services under this Agreement, Consultant shall provide
evidence of the required coverage and limits, and properly executed policy endorsements
satisfactory to City.

       4.      No changes in insurance may be made without the written approval of the City.

SECTION 12 - WAIVERS

        The waiver by either party of any breach or violation of any term, covenant, or condition
of this agreement or of any provisions of any ordinance or law shall not be deemed to be a
waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or
violation of same or of any other term, covenant, condition, ordinance or law or of any
subsequent breach or violation of the same or of any other term, condition, ordinance, or law.
The subsequent acceptance by either party of any fee or other money which may become due
hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other
party of any term, covenant, or condition of this agreement of any applicable law or ordinance.

SECTION 13 - COSTS AND ATTORNEYS FEES

       Attorney fees in an amount not exceeding Eighty-Five Dollars ($85.00) per hour per
attorney, and in total amount not exceeding Five Thousand Dollars ($5,000.00), shall be
recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to
enforce the provisions of the agreement. The above $5,000 limit is the total of attorneys’ fees
recoverable whether in the trial court, appellate court, or otherwise, and regardless of the
number of attorneys, trials, appeals, or actions. It is the intent of this agreement that neither
party shall have to pay the other more than $5,000 for attorneys’ fees arising out of an action, or
actions to enforce the provisions of this agreement.

SECTION 14 - NON-DISCRIMINATION
        Consultant warrants that it is an Equal Opportunity Employer and shall comply with
applicable regulations governing equal employment opportunity. Neither Consultant nor any of
its subcontractors shall discriminate in the employment of any person because of race, color,
national origin, ancestry, physical handicap, medical condition, marital status, sex, or age,
unless based upon a bona fide occupational qualification pursuant to the California Fair
Employment and Housing Act.

SECTION 15 - MEDIATION

        Should any dispute arise out of this Agreement, either party may request that it be
submitted to mediation. The parties shall meet in mediation within 30 days of a request. The
cost of mediation shall be borne equally by the parties. Neither party shall be deemed the
prevailing party. No party shall be permitted to file a legal action without first requesting
mediation and making a good faith attempt to reach a mediated settlement. The mediation
process, once commenced by a meeting with the mediator shall last until agreement is reached
by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SECTION 16 - LITIGATION

       Consultant shall testify at City's request if litigation is brought against City in connection
with Consultant's services under this agreement. Unless the action is brought by Consultant, or
is based upon Consultant's actual or alleged negligence or other wrongdoing, City shall
compensate Consultant for time spent in preparation for testimony, testimony, and travel at
Consultant's standard hourly rates at the time of actual testimony.

SECTION 17 - NOTICES

        All notices hereunder shall be given in writing and mailed, postage prepaid, addressed
as follows:

        To City:                   City of Brentwood
                                   708 Third Street
                                   Brentwood, CA 94513

        To Consultant:             Frank Kluber
                                   Landscape Architect
                                   819 Marina Vista
                                   Martinez, CA 94553-1234


SECTION 18 – AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT

        This document represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, and agreements, either
written or oral.

       This document may be amended only by written instrument signed by both City and
Consultant.

       All Exhibits referenced in or attached to this Agreement are incorporated herein by this
reference.

[the rest of this page is blank]
SECTION 19 – GOVERNING LAW

      This agreement shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, CITY and CONSULTANT have executed this agreement the day and
year first above written.


CITY OF BRENTWOOD                                 CONSULTANT


________________________________                  _____________________________
DONNA LANDEROS, City Manager
                                                  Title: Frank Kluber, Landscape Architect

ATTEST:

________________________________
Margaret Wimberly, City Clerk

APPROVED AS TO FORM:

________________________________
Damien B. Brower, City Attorney
                          EXHIBIT "A"

                       SCOPE OF SERVICES

See attached letter.
                          CITY COUNCIL AGENDA ITEM NO. 13



Meeting Date: September 27, 2005

Subject/Title:   Adopt a Resolution approving a Professional Services Agreement with
                 Vali Cooper and Associates, Inc. for Parks and Recreation Inspection
                 Services for new development and Capital Improvement Projects in the
                 amount of $198,000, and authorizing the City Manager to enter into said
                 agreement and approve change orders up to 10% of the contract
                 amount.

Prepared by:     Ken De Silva, Landscape/Facilities Manager

Submitted by: Craig Bronzan, Director of Parks and Recreation
              Ken De Silva, Landscape/Facilities Manager


RECOMMENDATION
Adopt a Resolution approving a Professional Services Agreement with Vali Cooper and
Associates, Inc. for Parks and Recreation Inspection Services for new development and
Capital Improvement Projects in the amount of $198,000, and authorizing the City
Manager to enter into said agreement and approve change orders up to 10% of the
contract amount.

PREVIOUS ACTION
On June 22, 2004, the City Council approved a Resolution authorizing the City Manager
to enter into a Professional Services Agreement with Vali Cooper & Associates, Inc. for
Engineering Inspection Services for new development and Capital Improvement Projects
(CIP) in the amount of $321,3000, and authorized the City Manager to approve change
orders up to 10% of the contract amount.

BACKGROUND
The City of Brentwood has experienced an enormous amount of landscape development
in the last few years. The number of parks, streetscapes, residential and commercial
landscape infrastructure projects created by new development and the City's Capital
Improvement Projects (CIP) continue to increase. Inspection services are an integral
part of the construction process for quality control and to verify that all improvements are
constructed in conformance with City and State standards. Having good quality control
during construction reduces maintenance costs.

The Parks and Recreation Department is responsible for the review, plan check and
inspection of all landscape projects. The Parks and Recreation Department has one full
time Construction Inspector who is paid through Park Development Funds. Since the
Department is responsible for landscape review, and inspection, additional inspection
staff is needed.

Vali Cooper & Associates, Inc., has done (over the past two years) an excellent job for
the City providing contract inspection services on an as-needed basis and are self
contained with their own vehicles and equipment. This proposal is based on the
expected need of 2 inspectors for fiscal year 2005/06, so the Department will have
inspectors available when needed, as opposed to hiring additional full time staff.
Contract Inspectors will only be used as needed, with related costs paid by specific
Developers.

This Agreement with Vali Cooper will provide our Division with the equivalent of one full
time inspector for fiscal year 05/06. The unit rate of pay is $95/hr. Inspectors from Vali
Cooper specialize in civil construction methods related to our site improvements.

Our Department will also propose to enter into a Professional Services Agreement with
MCE Corporation for one additional inspector specializing in the horticulture, as opposed
to civil, aspects of our construction inspection. MCE is currently one of our landscape
maintenance contractors.

FISCAL IMPACT
This proposed budget has been approved by City Council as a part of the fiscal year
2005/06 City of Brentwood Budget. Developer inspection fees are collected to enable
the Parks and Recreation Department to recoup this inspection cost from the developers
requiring the inspection services.

Attachments:
Resolution
Professional Services Agreement
                                 RESOLUTION NO.


       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
       BRENTWOOD      APPROVING   A   PROFESSIONAL    SERVICES
       AGREEMENT WITH VALI COOPER AND ASSOCIATES, INC. FOR
       PARKS AND RECREATION INSPECTION SERVICES FOR NEW
       DEVELOPMENT AND CAPITAL IMPROVEMENT PROJECTS IN THE
       AMOUNT OF $198,000, AND AUTHORIZING THE CITY MANAGER TO
       ENTER INTO SAID AGREEMENT AND APPROVE CHANGE ORDERS
       UP TO 10% OF THE CONTRACT AMOUNT.

       WHEREAS, the City of Brentwood has experienced an enormous amount of
residential and commercial landscape development in the last few years; and

        WHEREAS, inspection services are an integral part of the construction process
for quality control and to verify that all improvements are constructed in conformance
with City and State standards; and

       WHEREAS, the Parks and Recreation Department is responsible for the review,
plan check and inspection of landscape projects in addition to park landscape projects;
and

         WHEREAS, this proposed budget has been approved by City Council as a part
of the fiscal year 2005/06 City of Brentwood Budget.

       NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Brentwood hereby approves a Professional Services Agreement with Vali Cooper &
Associates, Inc. for Parks and Recreation Inspection Services for new development and
Capital Improvement Projects in the amount of $198,000, and authorizing the City
Manager to enter into said agreement and to approve change orders up to 10% of the
contract amount.

        PASSED, APPROVED AND ADOPTED by the City Council of the City of
Brentwood at a regular meeting held on the 27th day of September 2005, by the
following vote:
                                 RESOLUTION NO.


       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
       BRENTWOOD      APPROVING   A   PROFESSIONAL    SERVICES
       AGREEMENT WITH VALI COOPER AND ASSOCIATES, INC. FOR
       PARKS AND RECREATION INSPECTION SERVICES FOR NEW
       DEVELOPMENT AND CAPITAL IMPROVEMENT PROJECTS IN THE
       AMOUNT OF $198,000, AND AUTHORIZING THE CITY MANAGER TO
       ENTER INTO SAID AGREEMENT AND APPROVE CHANGE ORDERS
       UP TO 10% OF THE CONTRACT AMOUNT.

       WHEREAS, the City of Brentwood has experienced an enormous amount of
residential and commercial landscape development in the last few years; and

        WHEREAS, inspection services are an integral part of the construction process
for quality control and to verify that all improvements are constructed in conformance
with City and State standards; and

       WHEREAS, the Parks and Recreation Department is responsible for the review,
plan check and inspection of landscape projects in addition to park landscape projects;
and

         WHEREAS, this proposed budget has been approved by City Council as a part
of the fiscal year 2005/06 City of Brentwood Budget.

       NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Brentwood hereby approves a Professional Services Agreement with Vali Cooper &
Associates, Inc. for Parks and Recreation Inspection Services for new development and
Capital Improvement Projects in the amount of $198,000, and authorizing the City
Manager to enter into said agreement and to approve change orders up to 10% of the
contract amount.

        PASSED, APPROVED AND ADOPTED by the City Council of the City of
Brentwood at a regular meeting held on the 27th day of September 2005, by the
following vote:
                             CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date: September 27, 2005

Subject/Title:   Adopt a resolution approving the 2005 Update to the East Contra Costa County
                 Bikeway Plan.

Prepared by:     Karen Wahl, Grants Program Manager

Submitted by: Bailey Grewal, City Engineer

RECOMMENDATION
Adopt a resolution approving the 2005 Update to the East Contra Costa County Bikeway Plan.

PREVIOUS ACTION
On October 23, 2001 City Council adopted Resolution 2384 approving the East Contra Costa County
Bikeway Plan.

BACKGROUND
TRANSPLAN is the regional transportation planning committee for East County, serving to coordinate
transportation planning and projects among East County jurisdictions. The East Contra Costa County
Bikeway Plan (Bikeway Plan) was developed using information provided to TRANSPLAN by staff from
each jurisdiction. The Bikeway Plan must be updated periodically in order to remain eligible for state
bikeway grants which Caltrans offers annually under the Bicycle Transportation Account (BTA)
program. The eligibility of our existing bikeway plan will expire on December 31, 2005, so
TRANSPLAN must submit an updated plan to Caltrans by that date.

As with the original in 2001, the 2005 update is based on input from the local jurisdictions, bicycle
advocacy groups including the East Bay Bicycle Coalition and the Delta Pedalers, and other
interested parties. Members of the local bicycle community attended two meetings of the
TRANSPLAN Technical Advisory Committee (TRANSPLAN TAC) for focused discussions on the
bikeway plan. The input from these discussions and public outreach has resulted in the final update
which is presented for Council review and approval.

FISCAL IMPACT
There is no fiscal impact associated with approval of the 2005 Update to the East Contra Costa
County Bicycle Plan.

Attachments:
Resolution
2005 Update to the East Contra Costa County Bikeway Plan
                                           RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE 2005
UPDATE TO THE EAST CONTRA COSTA COUNTY BIKEWAY PLAN

       WHEREAS, bicycle transportation is recognized as an important part of the local
transportation system in eastern Contra Costa County; and

      WHEREAS, the prospects for commuting to work by bicycle will increase as eastern Contra
Costa County attracts more job development, bringing employment closer to home for area residents;
and

       WHEREAS, the Bikeway Plan lays out a comprehensive long-range blueprint for a bicycle
network that will provide both on-street and off-street connections throughout East County; and

       WHEREAS, the City of Brentwood has many planned bikeway projects that are in need of
funding and will retain eligibility for grant funding by adoption of the 2005 Update to the East Contra
Costa County Bikeway Plan; and

       WHEREAS, the first East Contra Costa County Bikeway Plan was adopted in 2001 and
received certification from Caltrans in March 2002, providing eligibility for Bicycle Transportation
Account grants; and

       WHEREAS, the 2005 Update to the East Contra Costa County Bikeway Plan was developed
in accordance with all applicable Caltrans requirements; and

       WHEREAS, the update of the plan reflects input from local agency staff, bicycle advocates in
the community and other interested parties; and

       WHEREAS, the 2005 Update to the East Contra Costa County Bikeway Plan will provide east
county jurisdictions with eligibility to apply for state bikeway grants from Caltrans’ annual State Bicycle
Transportation Account (BTA) as well as other sources of funding; and

      WHEREAS, the TRANSPLAN Committee adopted the attached East Contra Costa County
Bikeway Plan 2005 Update on September 8, 2005; and

       WHEREAS, approval of the Bikeway Plan is also required of each of the local jurisdictions
included in the Bikeway Plan before the Contra Costa Transportation Authority and Caltrans can
approve it.

      NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
approves and adopts the 2005 Update to the East Contra Costa County Bikeway Plan.

        PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a
regular meeting held on September 27, 2005 by the following vote:

       AYES:
       NOES:
       ABSENT:
                                     _____________________________
                                     Brian Swisher
                                     Mayor


ATTEST:



__________________________________
Margaret Wimberly, CMC
City Clerk
                             CITY COUNCIL AGENDA ITEM NO. 15



Meeting Date: September 27, 2005

Subject/Title:   Temporary Use Permit (TUP) No. 05-17 to allow the Brentwood Arts
                 Commission the use of City-owned property for the annual Art and Wine
                 Festival, located within City Park and affecting the closure of surrounding
                 streets.

Prepared by:     Tim Nielsen, Assistant Planner

Submitted by: Howard Sword, Community Development Director


RECOMMENDATION
Approve Temporary Use Permit No. 05-17 to allow for the use of City owned property for the
staging of the annual Art and Wine Festival sponsored by the Brentwood Arts Commission for 3
days, Friday, October 7th, Saturday, October 8th and Sunday, October 9th, 2005.

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.”

BACKGROUND
On September 7, 2005, the Brentwood Arts Commission submitted an application to use City-
owned property located on the corner of Second Street and Oak Street to hold its annual Art
and Wine Festival. Since the event requires closure of City streets, it is appropriate that this
application be approved by the Council.

The criteria for approval when evaluating a request for a TUP includes consideration given to
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 site is City Park at the northeast corner of the intersection of Second Street and
Oak Street. The applicant is proposing to locate approximately thirty 10’ x 10’ vendor canopies
throughout City Park, several food booths food booths where beer and wine will be sold, as well
as live music in the gazebo. Portable restrooms (including handicapped) and sinks will also be
located on site. The Art and Wine Festival will include the sale of alcohol and appropriate
permits are being pursued through the Police Department.

This site is located within the Downtown and is zoned Central Business (CB), allowing for mixed
uses including commercial, retail, service, office, dining, and social activities not usually
permitted within a single-use zone.
The proposed festival hours are:

       Friday              12:00 p.m. – 11:00 p.m.     Setup
       Saturday            6:00 a.m. – 10:00 a.m.      Setup
       Saturday            10:00 a.m. – 6:00 p.m.      Festival
       Sunday              10:00 a.m. – 6:00 p.m.      Festival
       Sunday              6:00 p.m. – 9:00 p.m.       Tear Down

It is staff’s opinion that this proposed festival will have minimal impact upon surrounding
businesses. Street closures are minimal so as not to have impact upon the parking situation
around CAP’s Restaurant and Second Street businesses directly. Impact on offices will be non-
existent, given that the event will not take place during working hours. There have been no
complaints in past years from residents or business owners concerning this particular function.

Traffic will be minimally impacted in the downtown, as only Maple Street east of Second Street
and the parking lot in front of City Hall will be closed to traffic. The parking stalls on the north
and south sides of Oak Street will be available to patrons of CAP’s and other areas of the
central business district. Parking for the event will be available to the handicapped on Maple
Street just east of Second Street within the area designated for street closure. General event
parking is available in the City lot (consisting of approximately 60 stalls) north of Second Street,
the two municipal lots on Brentwood Boulevard totaling 84 stalls, as well as on-street parking
throughout the downtown area. This event will foster a more pedestrian use of the downtown
area, exposing local businesses to foot traffic. This event is expected to draw 7,000 to 10,000
visitors to the festival and the greater downtown area of Brentwood over the two day period,
exposing local businesses to patrons who would not usually shop in the area.

FISCAL IMPACT
The total cost of providing police services for the 2005 Brentwood Art and Wine festival has
been estimated at $4,000.00 by the Brentwood Police Department. This cost will not be
recovered by the Police Department, as this is a City-sponsored event. The Police Department
will deploy Reserve Officers where appropriate to reduce personnel costs.


Attachments:
Conditions of Approval
Resolution
Exhibit C - Festival Layout
Exhibit D - Street Closure Map




                                                 2
                                   CONDITIONS OF APPROVAL
                                        FOR TUP 05-17


1.    Obtain (if necessary) an Electrical Permit.

2.    Provide documentation of Police Department approval.

3.    Provide documentation of Health Department approval.

4.    Provide documentation of Fire Department approval.

5.    Provide proof of contract for portable toilet facilities.

6.    Provide proof of contract for trash bins.

7.    Provide proof of liability insurance coverage.

8.    The hours of operation for the event are as follows:

        Friday               12:00 p.m. – 11:00 p.m.       Setup
        Saturday             6:00 a.m. – 10:00 a.m.        Setup
        Saturday             10:00 a.m. – 6:00 p.m.        Festival
        Sunday               10:00 a.m. – 6:00 p.m.        Festival
        Sunday               6:00 p.m. – 9:00 p.m.         Tear Down

9.    Any inspections that are needed will be done by the City of Brentwood’s Building
      Department.

10.   Restore City Park and the streets affected by the closure to their condition prior to the
      event.




                                                    3
                                       RESOLUTION NO.

       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       APPROVING TUP 05-17 AND AUTHORIZING THE CLOSURE OF CERTAIN
       STREETS AND TEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS AND
       TOW AWAY ZONES IN ORDER TO FACILITATE THE 2005 BRENTWOOD ART
       COMMISSION ART AND WINE FESTIVAL TO BE HELD ON OCTOBER 8 AND 9,
       2005.

       WHEREAS, the Brentwood Art Commission will be holding its annual Art and Wine
Festival on October 8 and 9, 2005, an event of great local significance which attracts great
numbers of people to the community; and

       WHEREAS, to accommodate the 2005 Brentwood Arts Commission Art and Wine
Festival, it is requested that the following streets be closed to traffic and no parking and tow
away zones be established between 6:00 am Saturday, October 8 to 9:00 pm Sunday, October
9, 2005:

       Maple Street east of Second Street.
       City Hall Parking Lot on Third and Oak Streets.

        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 Brentwood Art and Wine
Festival 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), signs noticing no parking and tow
away zones shall be posted at least 24 hours before the closure goes into effect and 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 05-17 and has ordered the Police Department to close the above
mentioned streets, prohibit parking, and establish tow away zones between the hours of 6:00
am, October 8, 2005, and 9:00 pm, October 9, 2005.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on September 27, 2005 by the following vote:




                                                4
                         CITY COUNCIL AGENDA ITEM NO. 16


Meeting Date: September 27, 2005

Subject/Title:   Consideration of Resolutions for annexation of territory into Community
                 Facilities District No’s. 2 and 4 (CFD No’s. 2 & 4), and set a date of November
                 8, 2005, for the Public Hearing.

Prepared by:     Engineering: D. Galey

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution approving Annexation #2 Boundary Map to City of Brentwood Community
Facilities District No. 2 (CFD No. 2).

Adopt a Resolution approving Annexation #1 Boundary Map to City of Brentwood Community
Facilities District No. 4 (CFD No. 4).

Adopt a Resolution declaring the intent to annex territory to CFD No. 2, levy a special tax in
such territory and set a date of November 8, 2005 at 7:00 p.m. for the Public Hearing.

Adopt a Resolution declaring the intent to annex territory to CFD No. 4, levy a special tax in
such territory and set a date of November 8, 2005 at 7:00 p.m. for the Public Hearing.

Adopt a Resolution authorizing the City Manager to execute a Professional Services Agreement
with Francisco and Associates, Inc. to provide Assessment Engineering Services for Community
Facilities District No’s. 2 and 4, in an amount not to exceed $100,000.

PREVIOUS ACTION
On March 12, 2002, by Resolution No. 2489, City Council adopted Local Goals, Policies and
Appraisal Standards Concerning the Use of the Community Facilities Act of 1982 (Act).

On May 14, 2002, by Resolution No. 2544, City Council established the formation of CFD No. 2.
In addition, the City Council adopted Resolution No’s. 2545 and 2546, deeming it necessary to
incur bonded indebtedness and determining the results of the special mailed ballot election.

On November 12, 2004, by Resolution No. 2004-263, City Council established the formation of
CFD No. 4. In addition, the City Council adopted Resolution No’s. 2004-264 and 2004-265,
deeming it necessary to incur bonded indebtedness, and determining the results of the special
mailed ballot election.

BACKGROUND
The City’s Community Facilities Districts were formed to provide a revenue stream for the
financing of an increased number of fire suppression, emergency medical services (EMS),
police and public safety personnel, for the maintenance and operation of flood and storm
drainage services, for the purchasing and maintenance of open space, for joint use school
facilities and services, library services, roadway rehabilitation and utility undergrounding
facilities.
This funding is collected by the levying of an annual special tax on all new development and the
City currently requires all new parcels, as a condition of development, to annex into a CFD and
subsequently pay the annual CFD Tax.

The maximum special tax rates for CFD No’s. 2 and 4 were previously set during formation of
the Districts (shown below). Parcels are eligible for the special tax if they have been issued a
building permit prior to January 1st preceding the fiscal year Special Taxes are levied.

                     Community Facilities District No. 4
                                                                                                   1
           (FY 2005-06 Maximum Special Tax Rates by Land Use)
                                    Facilities2 Services3                     Total
 Single-Family Parcels                  $173.40           $693.60            $867.00        per Residence
 Condominiums                           $130.05           $520.20            $650.25        per Residence
 Multi-Family                            $86.70           $346.80            $433.50        per Unit
                  4
 Commercial                          $1,040.40         $4,161.60          $5,202.00         per Acre
              4
 Industrial                          $1,040.40         $4,161.60          $5,202.00         per Acre
 Rural                                  $173.40           $693.60            $867.00        per Residence
                  4
 Institutional                       $1,040.40         $4,161.60          $5,202.00         per Acre
                      1
                        If any Taxable Parcel within the boundaries of the District has a Floor
                      Area Ratio greater than one (1.00) the Special Tax Rates shown in the
                      table above will be multiplied by the Taxable Parcel’s Floor Area Ratio.
                      For example, if a commercial parcel has a Floor Area Ratio of 1.50 the
                      FY 2005-06 Special Tax Rate would be $7,803.00 per acre
                      ($5,202.00/acre x 1.50).
                      2
                         For FY 2005-06 and on, the Facilities Special Tax Rate for Single
                      Family, Condominium, Multi-Family, and Rural parcels shown in the
                      table above will be increased two (2.00%) percent compounded
                      annually, per Government Code § 53321.
                      3
                         For FY 2005-06 and on, the Services Special Tax Rate for Single
                      Family, Condominium, Multi-Family, and Rural parcels shown in the
                      table above will be increased by the Consumer Price Index for San
                      Francisco Bay Area Urban Wage Earners (from June 2004) with a
                      minimum of two (2.00%) percent and a maximum of five (5.00%)
                      percent compounded annually for any given year.
                      4
                         For Special Tax calculation purposes, the maximum acreage any
                      Taxable Parcel will have is five (5.00) acres. Taxable Parcels greater
                      than five (5.00) acres will default to five (5.00) acres. For FY2005-06
                      and on, the Facilities and Services Special Tax Rate for Commercial,
                      Industrial, and Institutional parcels shown in the table above will be
                      increased by the Consumer Price Index for San Francisco Bay Area
                      Urban Wage Earners (from June 2004) with a minimum of two (2.00%)
                      percent compounded annually
                     Community Facilities District No. 2
            FY 2005-06 Maximum Special Tax Rates by Land Use)

                                             2
             Single-Family Parcels                        $187.27           per Residence
                                   2
             Condominiums                                 $140.45           per Residence
                               2
             Multi-Family                                   $93.64          per Unit
                               3
             Commercial                                $1,123.62            per Acre
                           3
             Industrial                                $1,123.62            per Acre
                       2
             Rural                                        $187.27           per Residence
                               3
             Institutional                             $1,123.62            per Acre

                   1
                     If any Taxable Parcel within the boundaries of the District has a Floor
                   Area Ratio greater than one (1.00) the Special Tax Rates shown in the
                   table above will be multiplied by the Taxable Parcel’s Floor Area Ratio.
                   For example, if a commercial parcel has a Floor Area Ratio of 1.50 the
                   FY 2005-06 Special Tax Rate would be $1,685.43 per acre
                   ($1,123.62/acre x 1.50).
                   2
                      For FY 2005-06 and on the Special Tax Rates for Single Family,
                   Condominium, Multi-Family, and Rural parcels shown in the table above
                   will be increased two (2.00%) percent compounded annually.
                   3
                      For Special Tax calculation purposes, the maximum acreage any
                   Taxable Parcel will have is five (5.00) acres. Taxable Parcels greater
                   than five (5.00) acres will default to five (5.00) acres. For FY 2005-06
                   and on the Special Tax Rates for Commercial, Industrial, and
                   Institutional parcels shown in the table above will be increased by the
                   Consumer Price Index for San Francisco Bay Area Urban Wage
                   Earners (from June 2003) with a minimum of two (2.00%) percent
                   compounded annually.

The proposed boundaries of the Annexations are shown as Exhibits “A” to the attached
Resolutions. All new development, with the exception of a portion of the Vineyards residential
project, is being annexed into the most current CFD No. 4. The Vineyards project has a
previously approved and recorded Development Agreement with the City of Brentwood that
limits the annual special tax applied to their senior affordable housing units, these units will be
contributing to the City facilities and services by annexing into CFD No. 2 and paying the special
tax as outlined in the Development Agreement.

Special Taxes must be approved by a two-thirds majority of the qualified voters returning
ballots. Future annexations are anticipated for the CFDs; therefore 100% approval is required.
Qualified voters are determined based on one of the two following cases:

   1. If twelve or more registered voters reside within the boundaries of the area proposed to
      be annexed, the qualified voters are those registered voters residing within that area to
      be annexed, and every registered voter receives one vote.

   2. If fewer than twelve registered voters reside within the area proposed to be annexed, the
      qualified voters are those owners of property within that area to be annexed. Every
      property owner receives one vote per acre, or portion thereof, owned within the area to
      be annexed.
There are less than twelve registered voters residing within the annexation boundaries;
therefore, the election of qualified voters will be conducted by a property owner vote based upon
their proportionate parcel acreage.

Each of the property owners within the annexation boundaries will be sent a “Waiver and
Consent” form which will allow the City to shorten minimum time requirements relative to
annexation procedures and will also receive a special election ballot. Prior to the Public Hearing
on November 8, 2005, all ballots must be cast. As stated previously, each owner will have one
vote per acre or portion thereof.

If the City receives 100% return in favor of Annexation #2 to CFD No. 2 and Annexation #1 to
CFD No. 4 and levying of the special tax, the City is then able to levy the special tax relative to
the newly annexed parcels for Fiscal Year 2005-06 and on.

FISCAL IMPACT
Annexation of property will provide approximately an additional $2,525,000 in revenue for listed
Community Facilities District facilities and services on an annual basis, once development
occurs. Funds are deposited with the City by the Developers to cover costs associated with the
annexation of property into the CFDs.

Attachments:
Consolidated CFD Map
Resolution Approving Annexation #1 Boundary Map to CFD No. 4
Annexation #1 Boundary Map
Resolution Approving Annexation #2 Boundary Map to CFD No. 2
Annexation #2 Boundary Map
Resolution Declaring Intent to Annex Territory to CFD No. 2
Resolution Declaring Intent to Annex Territory to CFD No. 4
List of Parcels to be Annexed
Resolution Authorizing Execution of a Professional Services Agreement
Agreement
                                                                                                                                                                                                                 City of Brentwood
                                                                                                                                                                                                            Community Facility Districts
                                                                                                                                                                                                              as of September 27, 2005
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Neroly Rd




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Evergreen Ct




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Garden Side Ct
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     Atherton Ct




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Maplewood Ct




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               Falcon Ct
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Dahlia Ct
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Begonia Ct
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          8226
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Atherton Bl
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   8724




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Hawthorn Dr
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Begonia Dr                                                                                      Iris Ct




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Anderson Ln
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               ++
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           8402




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 +S
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            OU
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Buckeye Dr
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    8561




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               T
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Ascot Dr




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     HE




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               O'Hara Ave
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       RN
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               PA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Almond Dr




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CIF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 IC




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Hawt
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RA




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  horn
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         ILR
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    8674




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             O
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Empire




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Pl
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           DR01-32




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       AD
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DR00-14




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ++
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              +
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ~~~ MARSH CREEK ~~~
                                                                                                                     Lone Tree Wy
                                                                                                                                                                                                                                                                                                                                                                                                                             Lone Tree Wy
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               Lone Tree Wy                                                                                                                                                                 Lone Tree Wy
                                                                                                                                                                                                                                                                                                    "A"
                                                                                                                                                                                                                                                                                                  Wendys    "B"                                                                                                                     A
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Lone Tree Wy
                                                                                                                                                                                                                                                                                                  DR02-35 Uga Buga




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     O'Hara Ave
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Arco
                                                                                                                                                                                                                                                                                                                                                                                                                                   CUP03-04 MS356-04                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Teal Ct




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Arroyo Seco
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              CUP01-24
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Empire Ave




                                                                                                                                                                                                                                                                                                  MS364-02




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Cerritos Rd
                                                                                                                                                                                                                                                                                                   Family Fitness                                                                                                                       MS352-04
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             DeMartini Ln
                                                                                                                                                                                                                                                                              Jeffery Way




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            "2"
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      7476
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Brandon Miles Wy




                                                                                                                                                                                                                                                                                                   CUP02-18 "C"
                                                                                                                                                                                                                                                                                                                                                                       Shady Willow Ln




                                                                                                             8768                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             8281                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Bonita Wy




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Gann St
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blue Bird Ln
                                                                                                                                                                                                                                                                                                                                   CUP99-06
                                                                        Heidorn Ranch Rd




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       8701




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Star Lilly St
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Gold Poppy St
                                                                                                                                                                                                                                                                                                                                                                                                            DR02-11




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Fairview Ave
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Royal Tern Ct
                                                                                                                                                          8515
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               8470                                                                                                                                                                                                                                                                                                                                                                                           8546




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Sage Sparrow St
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            8831




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       ~~
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ~C
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Tri
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              nity




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 C
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Pinegrove Wy
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  7703




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Flo
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     7865




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   Brushwood Pl
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Co




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Thicket Pl
                                                                                                                                   ~~                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   8453




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           ~~
                                                                                                                                               ~E                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Trail Ct
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        8588




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Nighthawk Way
                                                                                                                                                    BM




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ~~




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     EE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Hillsborough Bl
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              6691




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                                                                                                                                                               UD                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Trinity Dr                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           8046




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   Hedge Ave
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               7975




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Creek Tr
                                                                                                                                                                           ~~




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              RS




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                                                                                                                                                                                 ~




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MA
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 ~
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ~~
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Brentwood Blvd - HWY 4
                                                                                                                                                                                                                                                                                   ~~~ EBMUD ~~~                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Bosk Ave
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Twilight

                                                                                                                                                                                                                                                                                                                                                                                                                               Grant St
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 ~~~ EBMUD ~~~
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   Grant St                                                                                                                                   Grant St                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Grant St
                                                                                                                                                                                                                                                                                                                                                                                                                                                 Spanish Trail




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Laird Pl
                                                                                                                                                                                           STATE HIGHWAY 4 BYPASS




                                                                                                                                                                                                                                                                                                                                                                                                           Tremont Ct




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Min
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Arch Ct
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Toulouse Ln                                                                                                            Giotto Dr




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       ne
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         8808



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              sota
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Loring Ln
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          8176                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  7210
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Carter Pl




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Av
                                                                                                                                                                                                                                                                                                                                                                                                        Barcelona Wy                                             Barcelona Ct




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Connor Wy
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 e
                                                                                                                                                                                                                                                                                                                      8601
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               Tanglewood Ln




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Albani Pl
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               8557                                                                                                                                                                                                                                                            Majestic Ln                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     Sunset Rd
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           8416
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Kayla Pl
                                                                                                                                                                                                                                                                                                                                                                                          Keystone Wy




                                                                                                                                                                                                                                                                                                                                                                                                                           Capital Dr




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Sofia Dr
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           La Fonte Dr




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   8663                                                                                                                                                                                                                                                                                                                              Cambrian Pl




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Lee Wy
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cipriani Pl                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Trent Pl
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                8469                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   ~
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                              San Jose Ave
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                                                                                                                                                                                                                                                          Altessa Dr
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                                                                                                                                                                                                                                                                                                                                               aghe




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Sunlight Dr




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              6811                                                                                                                                                                                                                                                                                                                                                             4306
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   Solana Dr
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                                                                                                                                                                                                                                                                                                                    8210
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Fairview Ave




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Oak St
                                                                         Presidio Dr




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               7642                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 7039
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           6848                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 6510
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                                                                                             8373                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               6805
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                                                                                                                                                                                                                                                                                                                                               Berk




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                                                                                                                                                                                                                                                          Iron Clu




                                                                                                                                                                                                                                                                                                                                                   shire




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                                                                                                                                                                    8374                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        6489
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Central Blvd
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                                 Sand




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                                                                                                                                                                                                                                                                                                   dhill Dr




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                                                                                                                                                                                                                                                                                                  Roun




                                                                                                                                                                                                                                                                                                                                   8305




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       5032




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Canmore Waterville




                                                                                                                              Dr                                                                                                                                                              8209                                                                8953
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                                                                                                                    view
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                                                                                                                                                                                                                                                                                                                                                                                          "B"
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                                                                                                                                                                                                                                                                                                                                                                                         Medical
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     7871
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                                                                                                                                                                            Dr




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                                                                                                                                                                                                                                                                                                                             Fire
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                                                                                                                                                                                                                                                                                                                                                                                                          "D"
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                                                                                                                                                                                                                                                                                                                                                                                 "C"                    CUP04-10
                                                                                                                                                                                                                                                                                                          DR03-04                                  Comm                                                 Chevron
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   Balfour Rd                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Balfour Rd
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Balfour Rd                                                                                                                                                                                                                                                                                                                                                                                                                                 Balfour Rd
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                                                                                                               8253
                                                                                             Ranchwood Dr
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                                                                                                                                                                                                                                                                                                                                      00-09 Arco
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Clearview Dr




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Arbor Ct
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Sunset Dr




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Brookdale Ct
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Fairview Ave




                                                                                                 Serene Ct
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    6492                                                                                                                                                                                                                                                                                                                                                                                                                                        Rockwell St
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        7370
                                                                                                                                                                                                                                                                          8278
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                                                                                                                                                                                                                                                                                                                                                             8874                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              7369                                                                                              6597                                     5260
                                                                                                                                                           8480                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  8462
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Lexington Ct
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           W




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Bellmeade Wy
                                                                                                                                                                                                                                            Foothill Dr




                                                                                                                                                                                                                                                                     Eagle Rock Ave                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Heritage Wy
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                                                                                                                                       s
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   Buckingham Dr
                                                                                                                                y Pine
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Guise Wy
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                                                                                                                          Torre                                                                                                                                                                                                                              Jo
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                                                                                                                                                                                                                                                                                                                                                                 hn                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Crescent Dr
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               8608
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         Knights Br. Ct
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Victoria Dr




                                                                                                                                                                                                                                                                                                                                                                       M
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 7939                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Davidson Ct
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     se




                                                                                                                                                                                                                                                                                                                                                                           uir
                                                                                                                                                                                                                    Pebble Beach Dr




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Wildrose Wy
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               DR00-27
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                                                     Mountain View Dr




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                                                                                                                                                                  s Dr




                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Arlin                                                                                                     Claremont Dr
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Continente Ave
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                                                                                                                                                                                                                                                                       l                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          gt                          on W                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       Remington St
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                                                                                                                                                               St Andrew




                                                                                                                                                                                                                                                                              a
                                                                                                                                                                                                                                                                     Cha
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