CITY OF BRENTWOOD by yaoyufang

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									                                    October 26, 2004
                                 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. 2004-246
Roll Call                                                                              Beginning Ordinance No.       787

PRESENTATIONS
A.     Recognition of the Brentwood Park and Recreation Commission for Outstanding Commission
       Award from the National Recreation and Parks Association.

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 28, 2004. (K. Diaz)

2.     Accept resignation of Richard Koscher from the Arts Commission. (C. Bronzan/R. Burr-Siegel)

3.     Approve a Resolution approving the Purchase Agreement with East Contra Costa Irrigation District
       (ECCID) for real property generally located south of Lone Tree Way between Fairview Avenue and
       O'Hara Avenue for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134.
       (B. Grewal/M. Sullivan)

4.     Approve a Resolution approving an Affordable Housing Agreement between the City of Brentwood
       and Western Pacific Housing, LLC for Subdivision 8724, Magnolia Ranch. (H. Sword/E. Bonneville)

5.     Waive second reading and adopt Ordinance No. 784 adding Chapter 13.06 to the Municipal Code
       to provide for the regulation and use of recycled water. (D. Stoops/P. Zolfarelli)

6.     Waive second reading and adopt Ordinance No. 785 amending Section 17.840 (Home Occupation
       Permit) of the Brentwood Municipal Code. (H. Sword/T. Nielsen)

7.     Waive the second reading and adopt Ordinance No. 786, approving a Rezone (RZ 03-14) of 26+/-
       acres from PD-18 and R-3 to PD-67 with the establishment of development standards for a mixed-
       use development, located at the northwest corner of Balfour Road and the State Route 4 Bypass.
       (H. Sword/E. Nolthenius)
8.     Authorize the City Manager to sign and forward to the Governor’s Office of Emergency Services a
       “Letter of Intent Notice - Enclosure 1” to develop and submit a multi-jurisdictional Local Hazard
       Mitigation Plan for State review and FEMA approval. (B. Grewal/J. Cowling)

9.     Approve a Resolution authorizing the execution of an easement deed to the City of Antioch for Lone
       Tree Way and Heidorn Ranch per the “Streets Cooperative Agreement”. (B. Grewal/M. Sullivan)

10.    Authorize the City Manager to sign an Agreement for Payment of Contract Services with DeNova
       Homes and approve an Agreement for Contract Services with Raney Planning & Management for
       preparation of an Environmental Impact Report analyzing the proposed Barrington Project located
       south of Sunset Road, west of Sellers Avenue and east of Connor Way and Windsor Way. (H.
       Sword/W. Rhodes)

11.    Approve a Resolution awarding the construction contract for the Landscaping Project for Water
       (Potable) Systems Facilities, CIP Project No. 562-5634, to Cassani Landscaping, in the amount of
       $51,682 plus a 10% contingency. (B. Grewal/R. Craig)

12.    Approve a Resolution amending Policy No. 10-10, Policy and Procedures for City Information
       Systems and Communications. (P. Ehler)

13.    Approve a Resolution authorizing and approving the application for grant funds from the State
       Urban Parks and Healthy Communities Program. (C. Bronzan/K. Wahl)

14.    Approve a Resolution authorizing the sale of one patrol vehicle to Contra Costa County Community
       College District in the amount of $5,000. (M. Davies/K. King)

15.    Reject claim presented by Cap’s Oak Street Bar & Grill. (K. Diaz)

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.

16.    Consideration of an Ordinance adding Title 7, Parks and Recreation, to the Municipal Code,
       including such subjects as parks, trees and shrubs, heritage tree preservation, recreational uses
       and trails and deleting Chapter 9.48, Use of City Park; and Chapter 12.16, Street Trees. (C.
       Bronzan/T. Homan/P. Scherff/K. De Silva)

NEW BUSINESS

17.    Approve a Resolution authorizing the City Manager to negotiate a Purchase and Sale Agreement
       with Liberty Union High School District for the relocation of the Bus Barn and directing the City
       Manager to return to Council with the details for authorization to sign the Agreement, begin design
       and go out to bid. (J. Stevenson)

INFORMATIONAL REPORTS FROM COUNCIL STAFF – No action required

18.    Informational report on Subdivision No. 8601, "Brighton Station" by Discovery Builders, located
       south of EBMUD right-of-way and west of the future extension of Shady Willow Lane; Final Map
       approval. (K. Diaz)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS

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 October 21, 2004, 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
                             CITY COUNCIL AGENDA ITEM NO. A



Meeting Date: October 26, 2004

Subject/Title:   Recognition of the Brentwood Park and Recreation Commission for the
                 Outstanding Commission Award from the National Recreation and Parks
                 Association

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

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


On October 15, 2004, the Citizen-Board Member Branch of the National Recreation and Park
Association presented the City of Brentwood Park and Recreation Commission with the
Outstanding Board – Commission Award for populations of 25,000 – 75,000. The City of
Brentwood joins the St. Andrew’s Parish Parks and Playground in Charleston, South Carolina
(population under 25,000), and the Parks and Recreation Board Commissioners of Kansas City,
Missouri (population over 75,000) as one of three Park and Recreation Boards/Commissions in
the nation to be so recognized.

The Park and Recreation Commission will be presenting City Council will the award plaque that
they received on behalf of the City of Brentwood.
                                                                                                   Item 1
CITY OF BRENTWOOD
                                                                                     SEPTEMBER 28, 2004
CITY COUNCIL MEETING
                                                                                      COUNCIL CHAMBER
MINUTES
                                                                                    Bill Hill, Councilmember
Annette Beckstrand, Vice Mayor
                                                                             Pete Petrovich, Councilmember
Ana Gutierrez, Councilmember
                                                                             Dennis Beougher, City Attorney
John Stevenson, City Manager               Brian Swisher, Mayor


CALL TO ORDER (07:00 PM)

Roll Call
Present: Gutierrez; Hill; Swisher
Absent: Beckstrand; Petrovich

AGENDA REVIEW (07:06 PM)

Motion: Approve AGENDA REVIEW regarding the reorganized City Council Agenda.
Moved by Hill, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Gutierrez; Hill; Swisher
Absent: Beckstrand; Petrovich

PRESENTATIONS (07:01 PM)

A. Proclamation recognizing the month of October 2004 as Domestic Violence Awareness Month.

Diane Delucci was present and accepted the proclamation on behalf of STAND. She noted that proclamation
would be presented at the Annual Recognition Luncheon, which would be held on October 28, 2004 at the
Concord Hilton.

B. Proclamation recognizing September 15 - October 15, 2004 as National Hispanic Heritage Month.
Continued to October 12, 2004.

C. Proclamation recognizing October 2, 2004 as the day for the 17th Annual East County Hunger Walk.

Brian McCoy accepted the proclamation on behalf of Delta 2000 and encouraged the community to walk to aid
families.

CONSENT CALENDAR (07:06 PM)

1. Approved Minutes of September 14, 2004. (K. Diaz)

2. Approved Resolution No. 2004-224 approving an agreement for sale of City owned property with Thomas
   Clymens and Debbie Clymens for real property described as a portion of Parcel C shown on Parcel Map of
   Subdivision MS 9-77 filed June 28, 1979 in Book 78 of Maps at Page 22 of Contra Costa Records, which are
   remnants acquired as part of the right-of-way acquisition for the realigned Fairview Avenue, related to the
   Lone Tree Way Widening – Segments 1 and 2 (previously known as the Northwest Quadrant Infrastructure
   project), CIP Project No. 336-3127, both remnants generally located on the east side of the realigned
   Fairview Avenue and west of Fairview Court (previous Fairview Avenue alignment); hereby conveying real
   property on behalf of the City, and authorizing the Mayor or City Manager and City Clerk or any of their
   designees to execute the Agreement for Sale, and such other documents as may be needed to complete the
   transaction including execution of a Quitclaim Deed. (B. Grewal/M. Sullivan)

3. Approved Resolution No. 2004-225 approving the contract documents and award the construction contract for
    the New Police Station (Group B) Bid Package #5 - Plumbing, CIP Project No. 337-3142 to Martinez Sheet
    Metal, Inc., in the amount of $217,715, plus a 10% contingency. (K. Chew/M. Huber)




                                                                                                       Page 1
4. Approved Resolution No. 2004-226 authorizing the City Manager to execute contracts in amounts not to
   exceed $100,000 plus 10% contingencies, for the New Police Station, CIP Project No. 337-3142. (K.
   Chew/M. Huber)

5. Approved the selection of a purchase proposal for Lot 4 at Sunset Industrial Complex based on Council-
   approved Sales Strategy Criteria Ranking. (H. Sword/G. Rozenski)

6. Approved Resolution No. 2004-227 approving Temporary Use Permit 04-28 to allow Liberty High School the
   use of City owned property for the annual Homecoming Parade, effecting the closure of certain streets within
   the downtown on October 29, 2004 from 5:00 pm to 7:30 pm. (H. Sword/T. Nielsen)

7. Approved Resolution No. 2004-228 approving Temporary Use Permit 04-29 to allow the Brentwood Arts
   Commission the use of City owned property for the annual Art and Wine Festival, located in City Park and
   effecting the closure of certain streets within the downtown from Friday, October 8, 2004 at 12:00 noon to
   Sunday, October 10, 2004 at 9:00 pm. (H. Sword/T. Nielsen)

8. Approved Resolution No. 2004-229 approving the application for California Cultural and Historical Endowment
    grant funds under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
    Act of 2002 for the John Marsh Home Rehabilitation Project. (C. Bronzan/K. Wahl)

9. Approved Resolution No. 2004-230 approving an agreement for purchase of a fee parcel with Timothy M.
   Beard and Tinna A. Beard, husband and wife as Joint Tenants for real property identified as a portion of APN
   019-032-009, generally located south of Lone Tree Way on the west side of Shady Willow Lane in the City of
   Brentwood, hereby accepting real property on behalf of the City, and authorizing the Mayor or City Manager
   and City Clerk or any of their designees to execute the agreement, and such other documents as may be
   needed to complete the transaction including acceptance of the Deed, for the Shady Willow Lane Extension -
   Phase 1, CIP Project No. 336-3143. (B. Grewal/M. Sullivan)

10. Approved setting the date of November 9, 2004 at 6:00 p.m. as the recommended date and time when the
   full City Council could attend a future City Council Workshop to receive updated information and discuss the
   East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan. (H. Sword/W.
   Rhodes)

11. Approved setting the date of October 12, 2004 for the hearing of the appeal of Planning Commission’s denial
   of DR 04-17 for the Recreation Facility and Concession Stand Project, located at the corner of Balfour Road
   and Griffith Lane. (H. Sword/M. Leana)

CONSENT CALENDAR ACTIONS (07:06 PM)

Motion: Approve Consent Calendar Items 1 - 11 as recommended.
Moved by Hill, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Gutierrez; Hill; Swisher
Absent: Beckstrand; Petrovich

PUBLIC HEARINGS (07:06 PM)

12. Consideration of a Resolution approving a General Plan Amendment (GPA 03-03) from 11.38 acres of High
   Density Residential and 15 acres of General Commercial to 4.8 acres of Very High Density Residential, 11
   acres of Medium Density Residential and 10.58 acres of General Commercial, and consideration of an
   Ordinance approving a Rezone (RZ 03-14) from PD-18 and R-3 to PD-67 with the establishment of
   development standards for a mixed-use development, located at the northwest corner of Balfour Road and
   the State Route 4 Bypass. (H. Sword/E. Nolthenius) APPLICANT HAS REQUESTED CONTINUANCE TO
   OCTOBER 12, 2004.

Mayor Swisher opened the public hearing.

Motion: Approve continuance of the public hearing to October 12, 2004.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 3-0.




                                                                                                        Page 2
Yes: Gutierrez; Hill; Swisher
Absent: Beckstrand; Petrovich

13. Consideration of an Ordinance amending Section 17.840 of the Brentwood Municipal Code relating to Home
   Occupation Use Permits. (H. Sword/T. Nielsen)

Mayor Swisher opened the public hearing.

Motion: Approve continuance of the public hearing to October 12, 2004.
Moved by Swisher, seconded by Hill.
Vote: Motion carried 3-0.
Yes: Gutierrez; Hill; Swisher
Absent: Beckstrand; Petrovich

CITIZEN COMMENTS - None (07:07 PM)

INFORMATIONAL REPORTS FROM COUNCIL MEMBERS - None (07:08 PM)

REQUESTS FOR FUTURE AGENDA ITEMS - None (07:08 PM)

ADJOURNMENT (07:08 PM)

Motion: Approve adjournment.
Moved by Swisher, seconded by Gutierrez.
Vote: Motion carried 3-0.
Yes: Gutierrez; Hill; Swisher
Absent: Beckstrand; Petrovich

Respectfully Submitted,



Cynthia Garcia
Assistant City Clerk




                                                                                                   Page 3
                              CITY COUNCIL AGENDA ITEM NO. 2



Meeting Date:    October 26, 2004

Subject/Title:   Acceptance of resignation of Richard Koscher from the Arts Commission.

Prepared by:     Rebekah Burr-Siegel, Arts Services Manager

Submitted by: Craig Bronzan, Director of Parks and Recreation


RECOMMENDATION
Accept the resignation request of Arts Commissioner Richard Koscher.

PREVIOUS ACTION
City Council approved the appointment of Richard Koscher to the Arts Commission for a term of
three years on May 11, 2004.

BACKGROUND
Richard Koscher notified City staff of his request to resign from the Arts Commission on
September 20, 2004. Staff is recommending City Council approve the request and direct the
City Clerk to advertise the vacancy.

FISCAL IMPACT
This report bears no fiscal impact.

Attachment:
Resignation notice from Richard Koscher
                               CITY COUNCIL AGENDA ITEM NO. 3


Meeting Date: October 26, 2004

Subject/Title:      Approve a Resolution approving the Purchase Agreement with East Contra
                    Costa Irrigation District (ECCID) for the Lone Tree Way – Union Pacific
                    Undercrossing, CIP Project No. 336-3134.

Prepared by:        Engineering: M. Sullivan

Submitted by: Engineering: B. Grewal


RECOMMENDATION
Approve a Resolution approving an agreement for purchase of a fee parcel with East Contra
Costa Irrigation District (ECCID), an Irrigation District as successor in interest to The Lone Tree
Irrigation District for a portion of real property generally located on the south side of Lone Tree
Way between Fairview Avenue and O’Hara Avenue, hereby accepting real property on behalf of
the City, and authorizing the Mayor or City Manager and City Clerk or any of their designees to
execute the agreement, and such other documents as may be needed to complete the
transaction including acceptance of the Deed.

PREVIOUS ACTION
On May 7, 2002, Planning Commission approved the Negative Declaration and determined that
the 2002/03 – 2006/07 Capital Improvement Program was consistent with the adopted
Brentwood General Plan.

On May 28, 2002, City Council adopted the 2002/03 – 2006/07 Capital Improvement Program
that included the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134.

On December 10, 2002, City Council authorized staff to execute a Professional Services
Agreement with Raney Planning & Management, Inc. (RPM) to prepare the Environmental
Impact Report for the Lone Tree Way – Union Pacific Undercrossing, CIP Project No. 336-3134.

On May 6, 2003, by Resolution No. 03-31, Planning Commission confirmed that the proposed
2003/04 – 2007/08 Capital Improvement Program (CIP) is consistent with the adopted General
Plan of the City of Brentwood as required by Section 65401 of the Government Code.

On May 27, 2003, by Resolution No. 2868, City Council adopted the City’s 2003/04 – 2007/08
Capital Improvement Program that included the Lone Tree Way – Union Pacific Undercrossing,
CIP Project No. 336-3134.

On October 14, 2003, City Council authorized staff to execute a Professional Services
Agreement with Mark Thomas & Company, Inc., for pre-design reports and exhibits, right-of-way
surveys, ongoing coordination with the Railroad and access alternatives for adjacent property
owners for the Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134.

BACKGROUND
The Lone Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134, will construct an
underpass consisting of six travel lanes under the Union Pacific Railroad. This project will


K:\kdempsey\Staff Reports\2004\10-26-04\Marie-336-3134\ECCID Lone Tree Way.doc
improve the emergency response by improving the traffic flow, accommodate the widening to
the west and anticipated to the east, as well as fulfill the City’s requirement by the Public Utilities
Commission for the allowance of an at-grade crossing of the same rail line at Sand Creek Road.

The acquisition of a portion of ECCID property is just one of the acquisitions required to
construct this project to its ultimate improvements.

FISCAL IMPACT
The acquisition costs have been budgeted through the Lone Tree Way - Union Pacific
Undercrossing, CIP Project No. 336-3134. The future annual Operating/Maintenance Cost has
been estimated at $3,500 a year.

Attachments:
Resolution
Site Map/Project Map
Agreement




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                                               RESOLUTION NO.

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
         APPROVING AN AGREEMENT FOR PURCHASE OF A FEE PARCEL WITH EAST
         CONTRA COSTA IRRIGATION DISTRICT, AN IRRIGATION DISTRICT AS
         SUCCESSOR IN INTEREST TO THE LONE TREE IRRIGATION DISTRICT FOR A
         PORTION OF REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
         LONE TREE WAY BETWEEN FAIRVIEW AVENUE AND O’HARA AVENUE, HEREBY
         ACCEPTING REAL PROPERTY ON BEHALF OF THE CITY, AND AUTHORIZING
         THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF THEIR
         DESIGNEES TO EXECUTE THE AGREEMENT, AND SUCH OTHER DOCUMENTS
         AS MAY BE NEEDED TO COMPLETE THE TRANSACTION INCLUDING
         ACCEPTANCE OF THE DEED.


        WHEREAS, on May 7, 2002, by Resolution No. 02-18, Planning Commission confirmed
that the proposed 2002/03 – 2006/07 Capital Improvement Program (CIP) is consistent with the
adopted General Plan of the City of Brentwood as required by Section 65401 of the Government
Code; and

        WHEREAS, on May 28, 2002, by Resolution No. 2549, City Council adopted the City’s
2002/03 – 2006/07 Capital Improvement Program that included the Lone Tree Way - Union
Pacific Undercrossing, CIP Project No. 336-3134; and

        WHEREAS, on December 10, 2002, City Council authorized staff to execute a
Professional Services Agreement with Raney Planning & Management, Inc. (RPM) to prepare
the Environmental Impact Report for the Lone Tree Way – Union Pacific Undercrossing, CIP
Project No. 336-3134; and

        WHEREAS, on May 6, 2003, by Resolution No. 03-31, Planning Commission confirmed
that the proposed 2003/04 – 2007/08 Capital Improvement Program (CIP) is consistent with the
adopted General Plan of the City of Brentwood as required by Section 65401 of the Government
Code; and

        WHEREAS, on May 27, 2003, by Resolution No. 2868, City Council adopted the City’s
2003/04 – 2007/08 Capital Improvement Program that included the Lone Tree Way – Union
Pacific Undercrossing, CIP Project No. 336-3134; and

        WHEREAS, on October 14, 2003, City Council authorized staff to execute a
Professional Services Agreement with Mark Thomas & Company, Inc., for pre-design reports
and exhibits, right-of-way surveys, ongoing coordination with the Railroad and access
alternatives for adjacent property owners for the Lone Tree Way - Union Pacific Undercrossing,
CIP Project No. 336-3134; and

      WHEREAS, real property generally located on the south side of Lone Tree Way
between Fairview Avenue and O’Hara Avenue in the City of Brentwood, is needed for the Lone
Tree Way - Union Pacific Undercrossing, CIP Project No. 336-3134; and

       WHEREAS, purchase agreements between the City of Brentwood and the vested
property owner have been developed and are necessary to transfer property.



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       NOW, THEREFORE BE IT RESOLVED, that the Mayor or the City Manager and City
Clerk or any of their designees are authorized to execute the agreement and any related escrow
documents including acceptance of the Grant Deed.

       BE IT FURTHER RESOLVED, that the City of Brentwood hereby accepts the real
property described in the Grant Deed.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 26th day of October 2004 by the following vote:




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                                     CITY COUNCIL AGENDA ITEM NO. 4


Meeting Date:               October 26, 2004

Subject/Title:              Approve a Resolution Approving An Affordable Housing Agreement
                            between the City of Brentwood and Western Pacific Housing, Inc. for
                            Subdivision 8724, Magnolia Ranch

Prepared by:                Ellen Bonneville, Housing Manager

Submitted by:               Howard Sword, Director of Economic Development


RECOMMENDATION
Approve a Resolution Approving An Affordable Housing Agreement between the City of
Brentwood and Western Pacific Housing, Inc. for Subdivision 8724, Magnolia Ranch.

PREVIOUS ACTION
Ordinance 756 was adopted by the City Council on September 9, 2003 creating the City of
Brentwood Affordable Housing Program. At its meeting of October 7, 2004 the Housing
Subcommittee recommended approval of the Affordable Housing Agreement with Western
Pacific Housing, Inc. for Subdivision 8724.

BACKGROUND
Magnolia Ranch, Subdivision 8724, was originally owned by Private Island Homes and the
subdivision was approved by the Planning Commission on March 16, 2004. The project was
approved with a condition of approval to comply with any affordable housing program adopted
by the City (Ordinance 756). Western Pacific Housing, Inc. purchased the project from Private
Island Homes and worked with the Housing Division to satisfy their Affordable Housing
requirement. The subdivision has 84 planned units with an affordable housing obligation under
the 12-month phase-in exemption of the Ordinance of 4 units—1 very-low and 3 low income
units. The 12-month phase-in exemption allows developers to comply with the Ordinance at
50% of the required 10% of their units. As such, the following was negotiated with Western
Pacific Housing, Inc. to provide affordable housing for Subdivision 8724:

     •    Western Pacific Housing, Inc. shall construct two (2) duets (4 units total), one (1) unit
          will be sold as a very-low income unit, and the remaining three (3) units sold as low-
          income units.

FISCAL IMPACT
None at this time.


Attachments:
Resolution
Affordable Housing Agreement




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                                                 RESOLUTION NO.



         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
         APPROVING AN AFFORDABLE HOUSING AGREEMENT WITH WESTERN
         PACIFIC HOUSING, INC FOR SUBDIVISION 8724, MAGNOLIA RANCH

         WHEREAS, on September 9, 2003, the City Council adopted Ordinance 756, an
         Ordinance of the City Council of the City of Brentwood approving an amendment to the
         Municipal Code adding Chapter 17.725 that establishes an Affordable Housing Program;
         and

         WHEREAS, Western Pacific Housing, Inc. is in the process of having a final map
         recorded for Subdivision 8724; and

         WHEREAS, Western Pacific Housing, Inc. had a Condition of Approval to their project to
         comply with the City of Brentwood Affordable Housing Program; and

         WHEREAS, the Developer has agreed to construct four (4) affordable units on the
         project site as required by the twelve-month phase-in exemption of Ordinance 756;

         NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
         does hereby approve an Affordable Housing Agreement with Western Pacific Housing,
         Inc. for Subdivision 8724, Magnolia Ranch and the Mayor or the City Manager and City
         Clerk or any of their designees are authorized to execute the agreement and such other
         documents as may be needed to complete the transaction.

         PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
         a regular meeting held on the 26th day of October, 2004 by the following vote:


         AYES:
         NOES:
         ABSENT:
         ABSTAIN :


                                                                           _______________________
                                                                           Brian Swisher
                                                                           Mayor



ATTEST:



__________________________________
Karen Diaz, CMC
City Clerk/Director of Administrative Services

                                                         Page 2
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:

City of Brentwood
708 Third Street
Brentwood, California 94513
Attn.: Housing Manager




                                  AFFORDABLE HOUSING AGREEMENT


        THIS AFFORDABLE HOUSING AGREEMENT (the "Agreement") is entered into as of the
___________ day of _____________, 200__, by and between Western Pacific Housing, Inc., a Delaware
corporation ("Developer"), and THE CITY OF BRENTWOOD and THE REDEVELOPMENT
AGENCY OF THE CITY OF BRENTWOOD (collectively defined herein as "City"). The Developer and
City agree as follows, with reference to the following facts:

                                                      RECITALS

A.       Developer owns that certain real property located near Neroly Road and O’Hara Avenue and
         identified as Assessor Parcel Number 018-020-002 & 018-020-003 ("Site"). Developer proposes
         to construct on the Site a residential development (the "Development") consisting of eighty (80)
         single family detached homes and two (2) “duet” units on eighty-four (84) separate legal lots
         (each lot, together with all improvements thereon and membership and other rights appurtenant
         thereto, being referred to singly as a "Unit" and collectively as the "Units") which Units shall be
         offered for sale.

B.       City is acting to carry out its obligations under its Ordinance No. 756 (Brentwood Municipal
         Code Chapter 17.725) (the "Ordinance"), Section 65915 of the California Government Code, and
         the City’s General Plan (collectively, the "City Inclusionary Housing Requirements"), and
         Developer agrees to comply with the City Inclusionary Housing Requirements in accordance with
         and to the extent required by this Agreement.

C.       Developer and City agree that four (4) Units on the Site, as described in Legal Description of
         Restricted Units, attached as Exhibit A hereto and incorporated herein by reference, shall be
         subject to the conditions and restrictions, and the rights of City as specified below ("Restricted
         Units").

         NOW, THEREFORE, Developer and City agree as follows:

                                             ARTICLE 1
                               SALE OF INDIVIDUAL RESTRICTED UNITS

1.1      Defined Terms. The following terms shall have the meanings set forth in this Section 1.1:

A.       "Affordable Housing Cost" shall be as defined in Health and Safety Code Section 50052.5 or any
         successor statute thereto. If the statute is no longer in effect and no successor statute is enacted,


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         the City shall establish the Affordable Housing Cost for purposes of this Agreement. For
         purposes of determining the Affordable Housing Cost: (i) the purchase price for a 2-bedroom
         Restricted Unit shall be established using the assumption that the Eligible Household purchasing
         the Unit is comprised of three persons, (ii) the purchase price for a 3-bedroom Restricted Unit
         shall be established using the assumption that the Eligible Household purchasing the Unit is
         comprised of four persons; and (iii) the purchase price for a 4 bedroom Restricted Unit shall be
         established using the assumption that the Eligible Household purchasing the Unit is comprised of
         five or more persons.

B.       "Eligible Households" shall mean and include persons and families meeting the definitions of
         "Very Low Income Households" and "Low Income Households" under this Section 1.1.

C.       "Very Low Income Household" shall mean a person or household whose annual gross income
         does not exceed 50% (which percentage shall be adjusted as provided in Title 25, Section 6932 of
         California Code of Regulations) of the Median Income (as defined below) and who otherwise
         meets Developer's standard criteria for determining eligibility for occupancy. These occupancy
         criteria may include an evaluation of the applicant's ability to pay mortgage, employment status
         and credit history. These specific standards may vary from time to time, but must be uniformly
         applied at all times.

D.       "Low Income Household" shall mean a person or household whose annual gross income does not
         exceed 80% (which percentage shall be adjusted as provided in Title 25, Section 6932 of
         California Code of Regulations) of the Median Income (as defined below) and who otherwise
         meets Developer's standard criteria for determining eligibility for occupancy. These occupancy
         criteria may include an evaluation of the applicant's ability to pay mortgage, employment status
         and credit history. These specific standards may vary from time to time, but must be uniformly
         applied at all times.

E.       "Median Income" is the area-wide median gross yearly income in Contra Costa County, adjusted
         for household size, as established from time to time by the U.S. Department of Housing and
         Urban Development ("HUD"). In the event that such income determinations are no longer
         published or are not updated for a period of at least 18 months by HUD, Median Income shall
         mean the area-wide median gross income for households in Contra Costa County, adjusted for
         family size, as published from time to time by the California Department of Housing and
         Community Development ("HCD"). In the event that such income determinations are no longer
         published, or not updated for a period of at least 18 months, the City shall provide Developer with
         other income determinations which are reasonably similar with respect to methods of calculation
         to those previously published by HUD or HCD.



1.2      Affordability Requirements and Restrictions

A.       Four (4) of the Units shall be sold to and occupied by Eligible Households ("Restricted Units").
         One (1) of the four (4) Restricted Units shall be sold to and occupied by Very Low Income
         Households (as defined in Section 1.1 above), and the remaining three (3) Restricted Units shall
         be sold to and occupied by Low Income Households (as defined in Section 1.1 above). The
         Restricted Units are legally described on Exhibit A, attached hereto and incorporated herein by
         this reference.




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B.       The income of all persons residing in the Restricted Unit shall be considered for purposes of
         calculating the applicable income of the Eligible Household.

C.       Developer shall use reasonable efforts to verify the income levels of all applicants for Restricted
         Units. This process may include obtaining a copy of each applicant's most recent income tax
         return, verifying the applicant's employment or income source, and conducting a credit search.
         Developer shall have the right to rely on the authenticity, truth and accuracy of all information
         and materials provided by or on behalf of an applicant.

D.       There shall be no physical concentration of the Restricted Units. The Restricted Units shall be
         dispersed throughout the Site as designated by Developer in accordance with Section 1.2.F and
         approved by the City, which approval shall not be unreasonably withheld. The Restricted Units
         shall not be identifiable from the exterior. Comparable non-Restricted Units and Restricted Units
         shall, at the time of initial construction, be identical in exterior quality, design and materials.

E.       The Restricted Units shall be constructed in the location and in accordance with the phasing of
         construction as stated in Exhibit B, Location of Restricted Units and Phasing of Construction.
         The building permits for the last ten percent (10%) of the non-Restricted Units shall not be issued
         until the last Restricted Unit has been issued a building permit and construction of the last
         Restricted Unit has begun. The closing of any sale or the occupancy of the last ten percent (10%)
         of the non-Restricted Units shall not be permitted until the last Restricted Unit is complete and
         ready for occupancy, as evidenced by an occupancy permit issued by the City.

F.       Developer shall make a written designation to City, at the time the final subdivision map for the
         Site is recorded, of those Units that shall be Restricted Units. The total number of Restricted
         Units being offered for sale in accordance with this Article 1 shall be as required by
         Section 1.2.A. above. During the Term (as defined in Section 3.3) of this Agreement, the
         Restricted Units shall be subject to all of the requirements of this Agreement, including without
         limitation the following additional restrictions and requirements:

         1.       The Restricted Units shall only be sold to and be occupied by Eligible Households. More
                  specifically, the Restricted Units that are set aside for Very Low Income Households
                  shall only be sold to and occupied by Very Low Income Households at a price that does
                  not exceed the Affordable Housing Cost for Very Low Income Households, and the
                  Restricted Units that are set aside for Low Income Households shall only be sold to and
                  be occupied by Eligible Households at a price that does not exceed the Affordable
                  Housing Cost for Low Income Households.

         2.       At least ninety (90) calendar days prior to the closing of any proposed sale or other
                  transfer of any of the Restricted Units during the Term of this Agreement, Developer
                  shall submit to the City a copy of the written agreement of purchase and sale, together
                  with the prospective purchaser's/transferee's income certification and a certification of all
                  assets owned by the prospective purchaser/transferee or other financial information in a
                  form reasonably approved by the City along with the income certification to be provided
                  to any lender making a loan on the Restricted Unit. The City may require documentation
                  reasonably evidencing and supporting the income and other financial information
                  contained in the certifications. Within thirty (30) calendar days from receipt of the
                  certifications, City shall render a decision of eligibility or noneligibility. If the
                  prospective purchaser/transferee qualifies as an Eligible Household and the purchase
                  price of the Restricted Unit is within the definition of Affordable Housing Cost, the City
                  shall so certify in writing within such thirty (30) calendar days, and upon request shall


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                  execute a certificate, in recordable form, confirming that the proposed transaction
                  complies with the requirements of this Article 1. If the prospective purchaser/transferee
                  does not qualify as an Eligible Household or the purchase price of the Restricted Unit is
                  not within the definition of Affordable Housing Cost, the City shall so notify the
                  Developer in writing, within such thirty (30) calendar days, stating the basis for its
                  determination in reasonable detail and the Developer shall not sell the Restricted Unit to
                  such non-Eligible Household.

         3.       THE SALE OR OTHER TRANSFER BY DEVELOPER OF EACH RESTRICTED
                  UNIT SHALL NOT BE COMPLETED WITHOUT THE WRITTEN CERTIFICATION
                  BY THE CITY THAT THE PURCHASER / TRANSFEREE IS AN ELIGIBLE
                  HOUSEHOLD AND THE PURCHASE PRICE OF THE RESTRICTED UNIT IS
                  WITHIN THE DEFINITION OF AFFORDABLE HOUSING COST. ANY SALE OR
                  OTHER TRANSFER OF THE RESTRICTED UNIT IN VIOLATION OF THIS
                  AGREEMENT SHALL BE VOID.

         4.       EACH PURCHASER OF A RESTRICTED UNIT FROM DEVELOPER SHALL
                  ENTER INTO AND RECORD AT THE CLOSE OF ESCROW A REFINANCE AND
                  RESALE LIMITATION AGREEMENT, IN A FORM SIMILAR TO EXHIBIT D,
                  ATTACHED HERETO, SUPPLIED BY AND APPROVED BY THE CITY, AND FOR
                  THE BENEFIT OF THE CITY. UPON RECORDATION OF THE REFINANCE AND
                  RESALE LIMITATION AGREEMENT: (A) THIS AGREEMENT SHALL HAVE NO
                  FURTHER FORCE OR EFFECT AS AN ENCUMBRANCE AGAINST THE
                  RESTRICTED UNIT; AND (B) DEVELOPER SHALL HAVE NO FURTHER
                  OBLIGATIONS OR LIABILITIES WITH RESPECT TO THE RESTRICTED UNIT,
                  INCLUDING    WITHOUT    LIMITATION  ANY    RESPONSIBILITY  FOR
                  COMPLIANCE BY THE BUYER OR ITS SUCCESSORS WITH THE TERMS AND
                  CONDITIONS OF THE REFINANCE AND RESALE LIMITATION AGREEMENT
                  SIGNED BY PURCHASER, PROVIDED THAT DEVELOPER HAS COMPLIED
                  WITH THE TERMS OF THIS AGREEMENT.



                                               ARTICLE 2
                                        MAINTENANCE AND MANAGEMENT

2.1      Maintenance and Management. During the Term of this Agreement, and prior to the sale of the
         Restrict Units to Eligible Households, Developer agrees to maintain the improvements and
         landscaping on the Restricted Units in a clean and orderly condition and in good condition and
         repair and keep the Restricted Units free from accumulation of debris and waste materials.

2.2      Effect of Article 2. This Article 2 shall terminate and be of no further force and effect upon the
         first to occur of: (a) the last day of the Term as set forth in Section 3.3 below; or (b) the closing
         of the sale by Developer of, and the transfer of title to, the last Restricted Unit pursuant to
         Article 1 above.




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                                                ARTICLE 3
                                            GENERAL PROVISIONS


3.1      Conditions of Approval. This Agreement shall not supercede any conditions of approval for the
         Development pursuant to the Ordinance or other applicable City Inclusionary Housing
         Requirements, but rather is consistent with the Ordinance and other applicable City Inclusionary
         Housing Requirements.

3.2      Notices. Notices required to be given to the City or to Developer shall be given by hand delivery,
         recognized overnight courier (such as UPS, DHL or FedEx) or certified mail, return receipt
         requested, to the following addresses, or to such other address(es) as a party may designate from
         time to time by written notice to the other:

                                     To City:

                                     Housing Manager
                                     The City of Brentwood
                                     City Hall
                                     708 Third Street
                                     Brentwood, CA 94513

                                     To Developer:

                                     Western Pacific Housing, Inc.
                                     6658 Owens Drive
                                     Pleasanton, CA 94588

         Any notice sent in accordance with this Section 3.2 shall be deemed delivered on actual receipt or
         refusal of delivery.

3.3      Duration. The covenants set forth herein on the Restricted Units shall be covenants running
         with the land and shall inure to the benefit of the City and its successors and assigns, and subject
         to any shorter time limitations specifically set forth herein shall be enforceable by the City and its
         successors and assigns, for a period of forty-five (45) years from the date of recording this
         Agreement (the “Term”). The parties agree that for the Term of this Agreement, all future deeds
         or transfers of interest shall show or reference the applicable restrictions of this Agreement.
         Upon recordation of the Refinance and Resale Limitation Agreement, attached hereto as
         Exhibit D, this Agreement shall have no further force or effect as an encumbrance against the
         Restricted Unit to which such Refinance and Resale Limitation Agreement pertains, and
         Developer shall have no further obligations or liabilities with respect to the Restricted Unit,
         including without limitation any responsibility for compliance by the buyer or its successors with
         the terms and conditions of the Refinance and Resale Limitation Agreement, provided that
         Developer has complied with the terms of this Agreement.

3.4      No Discrimination. Developer covenants by and for itself and any successors in interest that
         there shall be no discrimination against or segregation of any person or group of persons on
         account of race, color, creed, religion, sex, physical or mental disability, age, marital status,
         national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or
         enjoyment of the Restricted Units, nor shall the Developer itself or any person claiming under or
         through it establish or permit any such practice or practices of discrimination or segregation with

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         reference to the selection, location, number, use or occupancy of the Restricted Units. The
         preceding sentence shall not be construed to hold Developer or it successors and assigns
         accountable or responsible for the conduct of any homebuyer.

3.5      Amendment. This Agreement may be amended only in writing by City and the Developer.

3.6      No Impairment of Lien. No violation or breach of the covenants, conditions, restrictions,
         provisions or limitations contained in this Agreement shall defeat or render invalid or in any way
         impair the lien or charge of any mortgage, deed of trust or other financing or security instrument;
         provided, however, that any successor of Developer to the Site shall be bound by such covenants,
         conditions, restrictions, limitations and provisions, whether such successor's title was acquired by
         foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.

3.7.     Successors and Assigns.

A.       Binding Effect; Covenants Run with Land. The covenants contained in this Agreement shall
         inure to the benefit of the City and its successors and assigns and, subject to Section 3.8 and any
         other limitations contained herein, shall be binding upon Developer and any successor in interest
         as owner of fee title to the Site, or any part thereof. Upon the transfer by Developer of all of its
         interest in the Site, all references in this Agreement to Developer thereafter shall mean and refer
         to such successor in interest of Developer as may then be the owner of the Site. The covenants
         shall run in favor of the City and its successors and assigns for the entire period during which
         such covenants shall be in force and effect. The City, and its successors and assigns, in the event
         of any breach of any such covenants, shall have the right to exercise all of the rights and
         remedies, and to maintain any actions at law or suits in equity or other proper proceedings, to
         enforce the curing of such breach.

B.       Transfer by Developer of Site. Except as expressly permitted by this Section 3.7.B, Developer
         shall not complete the sale, transfer, conveyance, assignment or ground lease of the Site or any
         part thereof or interest therein (a "Transfer") during the period between the date of recordation of
         this Agreement and the closing date for the sale of the last Restricted Unit to be sold pursuant to
         Article 1 above without prior written approval of the City as provided in Section 1.2.F.3 above.
         The City's approval shall not be unreasonably withheld or delayed. This restriction shall not
         apply to any Transfer of any Unit to individual homebuyers or any Transfer of Developer's
         interest in the Site to any trust, partnership, corporation, limited liability company or other entity
         that is managed and controlled by Developer whether through any trust, partnership, corporation,
         limited liability company or other entity, and shall not apply to any Transfer after the closing date
         for the last Restricted Unit sold pursuant to Article 1 above. This restriction on Transfer shall not
         be deemed to limit or restrict the making of dedications or granting of easements or permits to
         facilitate the development of the Site, or to limit or restrict the sale of any individual Units. This
         restriction on Transfer shall also not be deemed to prohibit, limit or restrict the assignment or
         granting of any security interests in the Site for the purpose of securing loans or funds to be used
         for financing the construction of the improvements on the Site, or the exercise by any lenders of
         their rights and remedies, including without limitation foreclosure, under the agreements and
         instruments evidencing or securing any such financing.

3.8      No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, there
         are no third party beneficiaries of this Agreement.

3.9      Effect of Agreement. Notwithstanding anything in this Agreement to the contrary, nothing in this
         Agreement shall have any force or effect on any buyer of a single Unit or its right, title or interest


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         in or to such Unit, except that buyers of Restricted Units shall execute and be subject to the
         Refinance and Resale Limitation Agreement attached hereto as Exhibit D. The foregoing
         exemption and release shall be self-executing and require no further instruments or assurances to
         be effective.

3.10     Default.

                    a.      Any failure by Developer to perform any term or provision of this Agreement
                            shall constitute an "Event of Default" if Developer does not cure such failure
                            within thirty (30) days following written notice of default from the City; provided
                            that if such failure is of a nature which cannot reasonably be cured within such
                            thirty (30) day period, an “Event of Default” shall be deemed to have occurred
                            only if Developer does not within such thirty (30) day period commence
                            substantial efforts to cure such failure or thereafter does not within a reasonable
                            time prosecute to completion with diligence and continuity the curing of such
                            failure. The City shall not enforce any of its rights and remedies for breach by
                            Developer except upon the occurrence of an Event of Default.

                    b.      Any notice of default given hereunder shall specify in detail the nature of the
                            failure in performance alleged by the City and the manner in which such failure
                            of performance may be satisfactorily cured in accordance with the terms and
                            conditions of this Agreement. During the time periods herein specified for cure
                            of a failure to perform, the Developer shall not be considered to be in default of
                            this Agreement for any purposes.

                    c.      Any failure or delay by the City in asserting any of its rights or remedies as to
                            any Event of Default shall not operate as a waiver of any Event of Default or of
                            any such rights or remedies or deprive the City of its right to institute and
                            maintain any actions or proceedings which it may deem necessary to protect,
                            assert or enforce any such rights or remedies.

                    d.      In the event of an Event of Default under this Agreement, City shall have the
                            right to exercise all of the rights and remedies, and to maintain any actions at law
                            or suits in equity or other remedy proceedings to cure, correct or remedy such
                            Event of Default.

                    e.      Notwithstanding the foregoing, failure by Developer to comply with the terms of
                            this Agreement shall be grounds for the City to suspend issuance of building
                            permits for non-Restricted Units, to suspend building inspections of non-
                            Restricted Units, to not issue occupancy permits for non-Restricted Units, or
                            pursue any other remedy available to it.

3.11     California Law. This Agreement shall be construed in accordance with and be governed by the
         laws of the State of California.

3.12     Severability. Should any provision of this Agreement be found invalid or unenforceable by a
         court or other body of competent jurisdiction, said invalidity, unenforceability or ineffectiveness
         shall not affect the validity of the remaining provisions which shall remain in force to the
         maximum extent possible.
                                        [Signature Page Follows]


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IN WITNESS WHEREOF, the City and the Developer have caused this instrument to be executed on
their behalf by their respective officers thereunto duly authorized.



Date:__________________________                     THE CITY OF BRENTWOOD and THE
                                                    REDEVELOPMENT AGENCY OF THE CITY
                                                    OF BRENTWOOD

                                                    By:________________________________
                                                          City Manager and Executive Director

                                                                            ATTEST:

                                                    By:________________________________
                                                           City Clerk and Agency Treasurer

                                                                                                     "CITY"
APPROVED AS TO FORM:



_______________________________
            City Attorney



Date: _________________________                     WESTERN PACIFIC HOUSING, INC. , a
                                                    Delaware Corporation

                                                    By:_________________________________

                                                    Its:_________________________________

                                                                                            "DEVELOPER"



SIGNATURES MUST BE NOTARIZED




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STATE OF CALIFORNIA                  )
                                     ) ss
COUNTY OF                            )

On                                             , before me, the undersigned, a notary public, personally
appeared
       ,
                  (         ) personally known to me, or
                  (         ) proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
                                 executed the same in             authorized capacity(ies), and that by
                 signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.

WITNESS my hand and official seal.


Signature

~~~~~~

STATE OF CALIFORNIA                  )
                                     ) ss
COUNTY OF                            )

On                                             , before me, the undersigned, a notary public, personally
appeared
       ,
                  (         ) personally known to me, or
                  (         ) proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
                                 executed the same in             authorized capacity(ies), and that by
                 signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.

WITNESS my hand and official seal.


Signature




                                                         Page 9
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STATE OF CALIFORNIA                  )
                                     ) ss
COUNTY OF                            )

On                                             , before me, the undersigned, a notary public, personally
appeared
       ,
                  (         ) personally known to me, or
                  (         ) proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
                                 executed the same in             authorized capacity(ies), and that by
                 signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.

WITNESS my hand and official seal.


Signature

~~~~~~

STATE OF CALIFORNIA                  )
                                     ) ss
COUNTY OF                            )

On                                             , before me, the undersigned, a notary public, personally
appeared
       ,
                  (         ) personally known to me, or
                  (         ) proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
                                 executed the same in             authorized capacity(ies), and that by
                 signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.

WITNESS my hand and official seal.


Signature




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                                                     EXHIBIT A


                                      Legal Description of Restricted Units




                                   Exhibit A to Affordable Housing Agreement
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                                                     EXHIBIT B


                          Location of Restricted Units and Phasing of Construction


                                                    (to be inserted)


                              (to be created by Developer and agreed to by City)




                                   Exhibit B to Affordable Housing Agreement
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                                                     EXHIBIT C


                               In Lieu of Constructing Affordable Housing Fee


          Number of Reserved Units
               Subject to Fee                           Fee Amount                   Total Fee Due City
                                                                                     $



                               THIS PAGE LEFT BLANK INTENTIONALLY




                                   Exhibit C to Affordable Housing Agreement
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                                                       EXHIBIT D


RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:


City of Brentwood
708 Third Street
Brentwood, California 94513
Attn.: City Clerk



                                                             SPACE ABOVE LINE FOR RECORDER'S USE



                         REFINANCE AND RESALE LIMITATION AGREEMENT

For      valuable     consideration,     the     receipt    of     which      is     hereby      acknowledged,
_____________________________________________ (individually or collectively, "Owner"), and THE
CITY OF BRENTWOOD and THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD
(collectively defined herein as "City") agree as follows, with reference to the following facts:

                                                       RECITALS

A.       Owner owns that certain real property located at _____________, Brentwood, California and more
         particularly described in Exhibit A attached hereto and incorporated herein. The real property,
         which includes the land, the residence and all other improvements thereon, and all membership and
         other rights appurtenant thereto, is referred to in this Agreement as the "Restricted Unit." The
         Restricted Unit is part of a ____-unit residential community referred to herein as the "Project."

B.       City has acted to enforce the inclusionary housing requirements set forth in Ordinance No. 756 by
         establishing an affordable housing program for the City of Brentwood. As part of the affordable
         housing program, City has procured assurances that the Restricted Unit will be sold, owned and
         occupied only by members of Eligible Households (as defined below), and will be sold only for a
         price that does not exceed the Affordable Housing Cost (as defined below).

C.       Owner has received the benefit of these assurances in purchasing the Restricted Unit, and is
         providing the same assurances for the benefit of the City by entering into this Agreement. Owner
         and City therefore agree that the Restricted Unit shall be subject to the terms, conditions and
         restrictions, and the rights of City, as specified in this Agreement.

        NOW, THEREFORE, in this factual context, for good and valuable consideration, Owner and
City agree as follows:

         1.       Principal Residence. Owner shall occupy the Restricted Unit as his or her principal and
                  legal residence. Upon request by the City, the Owner shall submit an affidavit to the City
                  certifying that the Restricted Unit is the Owner's principal and legal residence. If Owner,
                  without the City's prior written consent: (i) transfers, or attempts to transfer, the Restricted
                  Unit in violation of the terms of this Agreement contained hereinbelow, (ii) vacates or
                  leases the Restricted Unit, or (iii) otherwise does not occupy the Restricted Unit as Owner's
                  principal and legal residence, the City may purchase the Restricted Unit at a price (“Option
                  Price”) equal to the lesser of (a) the fair market value of the Restricted Unit (as determined


                            EXHIBIT D - Refinance and Resale Limitation Agreement
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                  by agreement of the parties or in the absence of an agreement, by an appraisal acceptable to
                  the City) or (b) the Affordable Housing Cost, using the maximum housing cost for the
                  Eligible Household, as adjusted for the applicable unit size as defined in Health and Safety
                  Code Section 50052 or any successor thereto. This option shall be exercised by the City
                  giving the Owner notice (the “Principal Residence Restriction Breach Exercise Notice”).
                  The City may designate another governmental entity, a nonprofit organization or an
                  Eligible Household to purchase the Restricted Unit.

         2.       Debt and Refinance Limitations. Without the City's prior written consent, Owner shall not
                  obtain or refinance any loan in connection with the Restricted Unit (a "Loan") that causes
                  Owner's indebtedness (i.e. the total amount borrowed by Owner) in connection with the
                  Restricted Unit to exceed the Affordable Housing Cost (as defined in Section 4(a) below).
                  If Owner, without the City’s prior written consent, obtains or refinances any loan in
                  connection with the Restricted Unit that causes Owner’s indebtedness in connection with
                  the Restricted Unit to exceed the Affordable Housing Cost, the City may purchase the
                  Restricted Unit at the Option Price. This option shall be exercised by the City giving the
                  Owner notice (the “Debt Restriction Breach Exercise Notice”). The City may designate
                  another governmental entity, a nonprofit organization or an Eligible Household to purchase
                  the Restricted Unit.

                  IF THE CITY EXERCISES SUCH RIGHT, ANY LOAN TO THE EXTENT IN EXCESS
                  OF THE OPTION PRICE SHALL BE NULL AND VOID AND NOT AN
                  ENCUMBRANCE AGAINST THE RESTRICTED UNIT.

         3.       Submission of Loan or Refinance Information to City. Not less than forty-five (45) days
                  prior to a Owner obtaining or refinancing a Loan that requires City's approval, Owner shall
                  submit to the City a copy of the proposed loan's terms together with any and all other
                  information reasonably requested by the City, including without limitation a copy of the
                  loan application and Good Faith Estimate. Within fifteen (15) business days from receipt
                  of the income certifications, City shall render a decision. If the City does not approve the
                  Loan, the City shall so notify Owner in writing within such fifteen (15) business days,
                  stating the basis for its determination in reasonable detail.

         4.       Resale Limitations. Except as otherwise provided in this Agreement during the Term of
                  this Agreement, the Restricted Unit shall only be sold to an Eligible Household and only
                  for an amount that does not exceed the Affordable Housing Cost. As used in this
                  Agreement:

                  a.        "Affordable Housing Cost" shall be as defined in Health and Safety Code Section
                            50052.5 or any successor statute thereto. If the statute is no longer in effect and no
                            successor statute is enacted, the City shall establish the Affordable Housing Cost
                            for purposes of this Agreement. For purposes of determining the Affordable
                            Housing Cost: (i) the purchase price for a 2 bedroom Restricted Unit shall be
                            established using the assumption that the Eligible Household purchasing the Unit is
                            comprised of three persons; (ii) the purchase price for a 3 bedroom Restricted Unit
                            shall be established using the assumption that the Eligible Household purchasing
                            the Unit is comprised of four persons; and (iii) the purchase price for a 4 bedroom
                            Restricted Unit shall be established using the assumption that the Eligible
                            Household purchasing the Unit is comprised of five persons.

                  b.        "Eligible Household" shall mean and include a person or household whose annual
                            gross income does not exceed [insert "50%" for very-low income household or


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                            "80% for low income household"] of the Median Income, as defined below
                            (which percentage shall be adjusted as provided in Title 25, Section 6932 of
                            California Code of Regulations).

                  c.        "Median Income" shall mean the area-wide median gross yearly income in
                            Contra Costa County, adjusted for household size, as established from time to time
                            by the U.S. Department of Housing and Urban Development ("HUD"), or, by the
                            California Department of Housing and Community Development ("HCD") if HUD
                            ceases to establish such income standards. In the event that neither HUD nor HCD
                            are establishing such income standards, the City shall provide Owner with income
                            standards which are determined in a manner reasonably similar to the methods of
                            calculation previously used by HUD or HCD.

         5.       Submission of Resale Information to City. Not less than forty-five (45) days prior to any
                  proposed sale or other transfer of the Restricted Unit during the Term of this Agreement,
                  Owner shall submit to the City a copy of the written agreement of purchase and sale,
                  together with the prospective purchaser's/transferee's income certification, a list of all assets
                  owned by the prospective purchaser/transferee or other financial information in a form
                  reasonably approved by the City along with the income certification to be provided to any
                  lender making a loan on the Restricted Unit and The Notice of Intent to Transfer attached
                  to this document as “Exhibit B”. The City may require documentation reasonably
                  evidencing and supporting the income and other financial information contained in the
                  certifications. Within fifteen (15) business days from receipt of the income certifications,
                  City shall render a decision of eligibility or noneligibility.             If the prospective
                  purchaser/transferee qualifies as an Eligible Household and the purchase price of the
                  Restricted Unit is within the definition of Affordable Housing Cost, the City shall so certify
                  in writing within such fifteen (15) business days, and upon request shall execute a
                  certificate, in recordable form, confirming that the proposed transaction complies with the
                  requirements of this Agreement. If the prospective purchaser/transferee does not qualify as
                  an Eligible Household or the purchase price of the Restricted Unit is not within the
                  definition of Affordable Housing Cost, the City shall so notify Owner in writing, within
                  such fifteen (15) business days, stating the basis for its determination in reasonable detail.

         6.       Ineligible Transfers. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,
                  THERE SHALL BE NO SALE OR OTHER TRANSFER OF THE RESTRICTED UNIT
                  WITHOUT THE WRITTEN CERTIFICATION BY THE CITY THAT THE
                  PURCHASER / TRANSFEREE IS AN ELIGIBLE HOUSEHOLD AND THE
                  PURCHASE PRICE OF THE RESTRICTED UNIT IS WITHIN THE DEFINITION OF
                  AFFORDABLE HOUSING COST. ANY SALE OR OTHER TRANSFER OF THE
                  RESTRICTED UNIT IN VIOLATION OF THIS AGREEMENT SHALL BE VOID.

         7.       Permissible Transfers. The following transfers of title to a Restricted Unit or any interest
                  therein are not subject to the City's prior written approval so long as the transferree's
                  household (i.e., the persons or persons acquiring ownership of the Restricted Unit) qualifies
                  as an Eligible Household and occupies the Restricted Unit in compliance with the terms of
                  this Agreement: (a) transfer by gift, devise or inheritance to the spouse, issue or adopted
                  child of the Owner; (b) transfer resulting from death of an Owner when the transfer is to a
                  co-Owner or joint tenant; (c) transfer by an Owner to any person who becomes a co-Owner
                  of the Restricted Unit provided (i) the Owner retains at least a 33% interest in the
                  Restricted Unit, (ii) the co-Owner and Owner together qualify as an Eligible Household,
                  and (iii) co-owner agrees to be bound by this Agreement by signing a copy of this
                  Agreement and delivering it to the City; (d) transfer of title to a spouse resulting from


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                  divorce; (e) decree of dissolution or legal separation or from a property settlement
                  agreement incidental to such a decree in which one of the Owners becomes the sole owner;
                  or (f) acquisition of title to the Restricted Unit or interest therein in conjunction with
                  marriage; (g) a transfer between co-Owners or a transfer by Owner into an inter vivos trust
                  in which Owner is a beneficiary and Owner continues to occupy the Restricted Unit.

         8.       Effect of Sale. THE PURCHASER OF THE RESTRICTED UNIT FROM OWNER
                  SHALL ENTER INTO AND RECORD AT THE CLOSE OF ESCROW A NEW
                  REFINANCE AND RESALE LIMITATION AGREEMENT, IN A FORM SIMILAR TO
                  THIS AGREEMENT, SUPPLIED AND APPROVED BY THE CITY, AND FOR THE
                  BENEFIT OF THE CITY. IF THE PURCHASER FAILS TO EXECUTE A NEW
                  AGREEMENT, PURCHASER WILL REMAIN SUBJECT TO THIS AGREEMENT.
                  UPON THE CLOSING, AND RECORDATION OF THE NEW REFINANCE AND
                  RESALE LIMITATION AGREEMENT, OWNER SHALL HAVE NO FURTHER
                  OBLIGATIONS OR LIABILITIES TO THE CITY WITH RESPECT TO THE
                  RESTRICTED UNIT, INCLUDING WITHOUT LIMITATION ANY RESPONSIBILITY
                  FOR COMPLIANCE BY THE PURCHASER OR ITS SUCCESSORS WITH THE
                  TERMS AND CONDITIONS OF THE NEW REFINANCE AND RESALE LIMITATION
                  AGREEMENT.

         9.       City's Option to Purchase. If the Owner cannot in good faith, and despite using best
                  commercially reasonable efforts, locate an Eligible Household to purchase the Restricted
                  Unit at an Affordable Housing Cost, the Owner shall have the right, but not the obligation,
                  to give the City written notice of such circumstances (the "City Option Notice"). However,
                  the Owner may not sell the Restricted Unit for a price that exceeds the Affordable Housing
                  Cost or to a non-Eligible Household without first giving the City an City Option Notice so
                  that the City has the opportunity to exercise the option granted by this Section 9. In the
                  event Owner gives the City a City Option Notice, the City may purchase the Restricted
                  Unit at the Option Price. This option shall be exercised by the City giving the Owner
                  notice, no later than ninety (90) days following City's receipt of the Option Notice, of the
                  City's intent to purchase the Restricted Unit through submittal of the Notice of Exercise
                  attached to this document as “Exhibit C”. The City may designate another governmental
                  entity, a nonprofit organization or an Eligible Household to purchase the Restricted Unit. If
                  City or its designee does not exercise the option to purchase the Restricted Unit, then the
                  terms of Section 12 below shall apply.

         10.      Escrow. If the City exercises its rights under Sections 1, 2 or 9 above, the closing of the
                  purchase and sale of the Restricted Unit to the City or its designee shall be effectuated in
                  accordance with the following provisions:

                  a.        Close of Escrow. Close of escrow shall occur no later than one hundred twenty
                            (120) days following the receipt by Owner of the Principal Residence Restriction
                            Breach Exercise Notice or Debt Restriction Breach Exercise Notice or the receipt
                            by City of the Option Notice, as applicable. If escrow is required to close on a
                            Saturday, Sunday or Holiday, it shall close on the next business day following the
                            Saturday, Sunday or Holiday.

                  b.        Prorations and Costs. All title insurance premiums, transfer taxes and escrow fees
                            shall be paid according to customary practice in Contra Costa County.

                  c.        Escrow Instructions. The parties shall execute all escrow instructions which the
                            Escrow Holder reasonably requires within fifteen (15) days after the request


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                            thereof. All escrow instructions shall be consistent with the provisions of this
                            Agreement.

                  d.        Monetary Liens. The Purchase Price shall be applied to any monetary liens
                            encumbering the Restrict Unit prior to any disbursement to Owner.

         11.      Notice of Resale. In order to permit the City to enforce its rights under this Agreement,
                  Owner shall provide written notice to the City not less than forty-five (45) days in advance
                  of scheduled close of escrow for the sale of the Restricted Unit. Notice shall be given in the
                  form of Exhibit C.

         12.      Owner's Right to Sell Free of Restrictions. In the event the City does not exercise the
                  purchase option provided pursuant to Section 9, or the City does exercise the option but
                  fails to close the transaction as provided in Section 10 above for any reason other than a
                  default by Owner, Owner shall have the right, for a period of 180 days after the date the
                  City's option expired or the City failed to close, as the case may be, to sell the Restricted
                  Unit for a market sales price to any buyer, regardless of income, without any obligation on
                  the part of the buyer to enter into and record a new Refinance and Resale Limitation
                  Agreement at closing. In the event of such a sale, this Agreement shall have no force or
                  effect as an encumbrance against the Restricted Unit on and after the closing date. If
                  Owner or the buyer requests, the City shall provide a recordable quitclaim deed at closing
                  in accordance with Section 15 below. If Owner does not close on the sale of the Restricted
                  Unit within the 180 day-period provided herein, the requirements of this Agreement shall
                  again apply to any proposed sale of the Restricted Unit, including without limitation the
                  City option rights.

         13.      No Discrimination. Owner covenants by and for itself and any successors in interest that
                  there shall be no discrimination against or segregation of any person or group of persons on
                  account of race, color, creed, religion, sex, age, marital status, disability, national origin or
                  ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
                  Restricted Unit, nor shall the Owner itself or any person claiming under or through it
                  establish or permit any such practice or practices of discrimination or segregation with
                  reference to the selection, location, number, use or occupancy of tenants, lessees or vendees
                  in the Restricted Unit.

         14.      Notices. Notices required to be given to the City or to Owner shall be given by hand
                  delivery, recognized overnight courier (such as UPS, DHL or FedEx) or by certified mail,
                  return receipt requested, to the following addresses, or to such other address(es) as a party
                  may designate from time to time by written notice to the other:

                                     To City:

                                     Housing Manager
                                     City of Brentwood
                                     708 Third Street
                                     Brentwood, CA 94513

                                     To Owner:

                                     At the address set forth in Recital A.

         15.      Duration. The covenants set forth herein shall be covenants running with the land and shall
                  inure to the benefit of the City and its successors and assigns, and shall be enforceable by

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                  the City, the City of Brentwood or their successors and assigns, without regard to whether
                  the City is or remains an owner of any land or interest to which such covenants relate, until
                  the date that is 45 years after the date this Agreement is recorded (the "Term"). The parties
                  agree that for the Term of this Agreement, all future deeds or transfers of interest shall
                  show or reference the applicable restrictions of this Agreement. Upon expiration of the
                  Term, City shall provide Owner with a quitclaim, release or other instrument, in recordable
                  form, sufficient to confirm the release the Restricted Unit from the effect of this
                  Agreement.

         16.      Amendment. This Agreement may be amended only in a writing signed by City and the
                  Owner.

         17.      No Impairment of Lien. No violation or breach of the covenants, conditions, restrictions,
                  provisions or limitations contained in this Agreement shall defeat or render invalid or in
                  any way impair the lien or charge of any mortgage, deed of trust or other financing or
                  security instrument; provided, however, that any successor to Owner as owner of the Unit
                  shall be bound by such covenants, conditions, restrictions, limitations and provisions,
                  whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure,
                  trustee's sale or otherwise.

         18.      Successors and Assigns. The covenants contained in this Agreement shall inure to the
                  benefit of the City and its successors and assigns and shall be binding upon Owner and any
                  successor in interest to the Restricted Unit. Provided that Owner has complied with all
                  terms of this Agreement, upon the transfer by Owner of all of its interest in the Restricted
                  Unit, such Owner shall automatically be released from and have no further obligations or
                  liabilities under this Agreement, and all references in this Agreement to Owner thereafter
                  shall mean and refer to such successor in interest of a prior Owner as may then be the
                  owner of the Restricted Unit. The covenants shall run in favor of the City and its
                  successors and assigns for the entire period during which such covenants shall be in force
                  and effect, without regard to whether the City is or remains an owner of any land or interest
                  therein to which such covenants relate. The City, and its successors and assigns, in the
                  event of any breach of any such covenants, shall have the right to exercise all of the rights
                  and remedies, and to maintain any actions at law or suits in equity or other proper
                  proceedings, to enforce the curing of such breach.

         19.      No Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary,
                  there are no third party beneficiaries of this Agreement.

         20.      California Law. This Agreement shall be construed in accordance with and be governed
                  by the laws of the State of California.

         21.      Severability. Should any provision of this Agreement be found invalid or unenforceable
                  by a court or other body of competent jurisdiction, said invalidity, unenforceability or
                  ineffectiveness shall not affect the validity of the remaining provisions which shall
                  remain in force to the maximum extent possible.


                                               [Signature Page Follows]




                            EXHIBIT D - Refinance and Resale Limitation Agreement
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IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be executed on their
behalf by their respective officers thereunto duly authorized.

Dated for reference purposes only as of                            , 20__.


                                                    CITY:

                                                    THE CITY OF BRENTWOOD and THE
                                                    REDEVELOPMENT AGENCY OF THE CITY
                                                    OF BRENTWOOD

                                                    By:
                                                            City Manager and Executive Director

                                                                             ATTEST:

                                                    By:
                                                              City Clerk and Agency Treasurer

                                                    OWNER

                                                    By:

                                                    By:




SIGNATURES MUST BE NOTARIZED




                            EXHIBIT D - Refinance and Resale Limitation Agreement
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STATE OF CALIFORNIA                  )
                                     ) ss
COUNTY OF                            )

On                                             , before me, the undersigned, a notary public, personally
appeared                                                                                                        ,
               (      ) personally known to me, or
               (      ) proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that                        executed the same in          authorized capacity(ies), and that by
               signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.

WITNESS my hand and official seal.


Signature

                                                         ~~~~~~

STATE OF CALIFORNIA                  )
                                     ) ss
COUNTY OF                            )

On                                             , before me, the undersigned, a notary public, personally
appeared                                                                                                        ,
               (      ) personally known to me, or
               (      ) proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that                        executed the same in          authorized capacity(ies), and that by
               signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.

WITNESS my hand and official seal.


Signature




                            EXHIBIT D - Refinance and Resale Limitation Agreement
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STATE OF CALIFORNIA                  )
                                     ) ss
COUNTY OF                            )

On                                             , before me, the undersigned, a notary public, personally
appeared                                                                                                        ,
               (      ) personally known to me, or
               (      ) proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that                        executed the same in          authorized capacity(ies), and that by
               signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.

WITNESS my hand and official seal.


Signature

                                                         ~~~~~~

STATE OF CALIFORNIA                  )
                                     ) ss
COUNTY OF                            )

On                                             , before me, the undersigned, a notary public, personally
appeared                                                                                                        ,
               (      ) personally known to me, or
               (      ) proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that                        executed the same in          authorized capacity(ies), and that by
               signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.

WITNESS my hand and official seal.


Signature




                            EXHIBIT D - Refinance and Resale Limitation Agreement
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                                                       EXHIBIT A

                                         Legal Description of Restricted Unit




                            Exhibit A to Refinance and Resale Limitation Agreement
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                                                      EXHIBIT B

VIA CERTIFIED MAIL – RETURN RECEIPT REQUESTED


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

Date:

Re:      Notice of Intent to Transfer

        The undersigned Owner(s),                                                       , hereby
give(s) notice of his/her/their intent to transfer the property located at
                        , Brentwood, California (the “Property”). Owner may be contacted at the
Property or at the following address:




Owner’s daytime telephone number is (                   )

         The proposed transfer of the Property is to the following person(s):

         Name:

         Address:



         Telephone:         (        )

The proposed transfer is (check one):

                            Sale                                         Lease
                            Other                                 Specify:

                                                                  Owner(s) signature(s):




                            Exhibit B to Refinance and Resale Limitation Agreement
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                                                      EXHIBIT C




Date:

To:
         Owner or Transferee


         Address


Re:      Notice of Exercise


        The City of Brentwood (“City”) hereby gives notice that it is exercising its option to
purchase the real property located at                                          ,   Brentwood,
California. The option has been granted to the City pursuant to the Refinance and Resale
Restriction Agreement and Option to Purchase between Owner and the City dated
               and recorded on                               as Instrument No.              .
[The Authority has assigned its option to purchase the real property to                     .]
An escrow for the purchase will be opened with First American Title Company.

                                                                           City of Brentwood

                                                                           By:

                                                                           Its:




                            Exhibit C to Refinance and Resale Limitation Agreement
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                                                      EXHIBIT D

CERTIFICATE OF ACCEPTANCE
(Pursuant to Government Code Sec. 27281)

        This is to certify that the interest in real property conveyed by the Refinance and Resale
Limitation Agreement dated                                     from
to the City of Brentwood, a California municipal corporation, is hereby accepted by the
undersigned office or agent on behalf of the City of Brentwood pursuant to authority conferred by
Resolution No. 2315 dated June 12, 2001 ; and the grantee consents to recordation thereof by
its duly authorized officer.




Dated                                                   By:
                                                                  John Stevenson

                                                        Its:      City Manager



                                                        Attest:
                                                                  Karen Diaz, City Clerk




    Buyer:

    Lot Number:

    Street Address:

    APN:




                            Exhibit D to Refinance and Resale Limitation Agreement
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             PAGES AFTER THIS POINT ARE NOT TO BE RECORDED AS PART OF THE
                                         REFINANCE AND RESALE AGREEMENT




                            Exhibit D to Refinance and Resale Limitation Agreement
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Order No.
Escrow No.
Loan No.

WHEN RECORDED MAIL TO:
    City of Brentwood
    Attn: Karen Diaz, CMC, City Clerk
    708 Third Street
    Brentwood, CA 94513                                                 SPACE ABOVE THIS LINE FOR
                                                                          RECORDER’S USE ONLY

                           Request For Notice Under Section 2924b Civil Code

       In accordance with Section 2924b, Civil Code, request is hereby made that a copy of any
Notice of Default and a copy of any Notice of Sale under the Deed of Trust recorded as Instrument
No.                           on                           ,             , in the Official Records
of Contra Costa County, California, and describing land therein as:

executed by                                                                   , as Trustor, in
which                                                                          is named as
Beneficiary, and                                                              , as Trustee, be
mailed to the City of Brentwood, at City of Brentwood, 708 Third Street, Brentwood California
94513, Attn:                                     .             By:

NOTICE: A COPY OF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE WILL
BE SENT ONLY TO THE ADDRESS CONTAINED IN THIS RECORDED REQUEST. IF
YOUR ADDRESS CHANGES, A NEW REQUEST MUST BE RECORDED.

STATE OF CALIFORNIA                            ) ss.
COUNTY OF                                      )

On                                          , before me,
The undersigned, a Notary Public in and for said State,
Personally appeared

Personally known to me (or proved to me on the basis of
Satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same.

WITNESS my hand and official seal.

Signature                                                                            (This area for official notarial seal)




                               Request For Notice Under Section 2924b Civil Code
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                      DISCLOSURE STATEMENT
THERE ARE RESTRICTIONS ON THE SALE OF THE PROPERTY
YOU ARE BUYING. EXCEPT FOR A TRANSFER TO THE CITY
FOLLOWING CITY’S EXERCISE OF ITS OPTION TO PURCHASE,
THIS PROPERTY MAY ONLY BE SOLD TO AN “ELIGIBLE
HOUSEHOLD” AT A PROCE NOT TO EXCEED THE ADJUSTED
RESALE PRICE WHICH IS CAPPED AT AN “AFFORDABLE
HOUSING COST.”

THIS MEANS THAT YOU MAY NOT SELL THE PROPERTY FOR
MARKEY VALUE TO WHOMEVER YOU LIKE.

THESE RESTRICTIONS WILL BE IN EFFECT UNTIL
    ,       .   ANY SALE OF THE PROPERTY IN
VIOLATION OF THE RESTRICTIONS, SHALL BE VOIDABLE
AT THE ELECTION OF THE CITY.

TO DETERMINE WHO AN ELIGIBLE HOUSEHOLD IS, AND
WHAT THE ADJUSTED RESALE PRICE AND AFFORDABLE
HOUSING COST ARE, YOU SHOULD CONTACT THE
                    OF THE CITY OF BRENTWOOD.

YOU SHOULD ALSO READ THE REFINANCE AND RESALE
LIMITATION AGREEMENT RECORDED AGAINST THE
PROPERTY. YOU MAY OBTAIN A COPY FROM THE CITY OF
BRENTWOOD OR FROM THE ESCROW COMPANY.

I HAVE READ THE FOREGOING AND I UNDERSTAND WHAT IT
MEANS.



BUYER                                          DATE                        BUYER                     DATE


                            Exhibit A to Refinance and Resale Limitation Agreement
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                             CITY COUNCIL AGENDA ITEM NO. 5



Meeting Date: October 26, 2004

Subject/Title:   Second reading of Ordinance No. 784 adding Chapter 13.06 to the Municipal
                 Code to provide for the regulation and use of recycled water.

Prepared by:     David Stoops, Wastewater Operations Manager

Submitted by: Paul Zolfarelli, Director of Public Works


RECOMMENDATION
Waive second reading and adopt Ordinance No. 784 adding Chapter 13.06 to the Municipal
Code to provide for the regulation and use of recycled water.

PREVIOUS ACTION
None.

BACKGROUND
The City of Brentwood processes approximately three million gallons per day (mgd) of
wastewater for beneficial reuse. The State Water Resources Control Board and the Regional
Water Quality Control Board have required the City of Brentwood to reuse as much of the highly
treated water as practicable. The process used in the treatment of this water meets all
requirements of the California Department of Health Services (CDHS). City Engineering staff
has completed the infrastructure work necessary to provide reclaimed water to a number of
parks and landscaped areas in the City.

In order to meet all requirements of the Master Reclamation Permit that has been approved by
the Regional Water Quality Control Board on September 10, 2004, the City of Brentwood is
required to have an ordinance in place allowing the City of Brentwood the authority to administer
written ‘user permits’ under the Master Reclamation Permit. The ordinance establishes the
policy and procedures which includes the ability for the City of Brentwood to impose fines and
gain access to ‘users’ property for required inspections.

Staff requests that City Council hereby adopt the proposed Ordinance implementing the
guidelines for recycled water use.

FISCAL IMPACT
None.


Attachment:
    • Ordinance
                                  ORDINANCE NO. 784

       AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD,
       CALIFORNIA ADDING CHAPTER 13.06 TO THE CITY OF BRENTWOOD MUNICIPAL
       CODE TO PROVIDE FOR THE REGULATION AND USE OF RECYCLED WATER.

       WHEREAS, the City of Brentwood produces reclaimed water for recycled water use; and

      WHEREAS, the Regional Water Quality Control Board has approved a Master
Reclamation Permit for the City of Brentwood on September 10, 2004; and

       WHEREAS, the City of Brentwood has developed an Ordinance that meets current
regulatory requirements.

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

Section 1. A new Chapter 13.06 is hereby added to the City of Brentwood Municipal Code,
which shall be provided as follows:


                                  CHAPTER 13.06
                           RECYCLED WATER REGULATIONS

Sections:                  Captions:

13.06.100                  Authority
13.06.105                  Purpose
13.06.110                  Goals
13.06.115                  Policy
13.06.120                  Priority
13.06.115                  Definitions
13.06.130                  Administration
13.06.135                  Validity
13.06.140                  Right of Revision
13.06.145                  Service Area
13.06.150                  Determination of Recycled Use Area
13.06.155                  Authorized Users
13.06.160                  Conditions of Service
13.06.165                  Other Applicable Rules and Codes
13.06.170                  Permit Application Process
13.06.175                  Permits
13.06.180                  Rates, Fees, Charges and Deposits
13.06.185                  Size, Location and Installation of Service Line
13.06.190                  Service Connection Limitations
13.06.195                  Service Pressure
13.06.200                  Relocation of Recycled Water Service Lines
13.06.205                  Protective Measures
13.06.210                  Type of Protection
13.06.215                     Inspection and Maintenance of Protective Devices
13.06.220                     Facilities Design
13.06.225                     Construction
13.06.230                     Emergency Connection to the Recycled Water System
13.06.235                     Off-site Facilities
13.06.240                     On-site Facilities
13.06.245                     Monitoring and Inspection
13.06.250                     Maintenance Responsibility


13.06.100 – AUTHORITY

        The use of water recycled from domestic sewage is regulated by the California Regional
Water Quality Control Board (RWQCB). Article 2 of Chapter 7 of Division 7 of the use of
recycled water is based on the City of Brentwood’s ability to adequately treat domestic
wastewater to the point that the recycled water (effluent) meets the requirements of existing
Title 22, Chapter 3 regulations of the California Code of Regulations. Title 22 was promulgated
by the California Department of Health Services to ensure proper health protection and specify
the treatment degree to match the intended applications.

    In accordance with waste discharge requirements for water reclamation projects, the
RWQCB requires regulation measures for facilities distributing recycled water.

13.06.105 – PURPOSE

       The purpose of the Ordinance is to establish Rules and Regulations including
procedures, specifications and limitations for the safe and orderly development and operation of
recycled water facilities and systems within the City’s service area.

13.06.110 – GOALS

       The goals of this Chapter are as follows:

       1. Achieve conservation of potable water supplies by using recycled water for current
          and future irrigation demands. Recycled water uses shall be for the maximum public
          benefit and may include:

              a.   agricultural irrigation
              b.   commercial uses (including flushing toilets and urinals)
              c.   construction use
              d.   industrial processes
              e.   landscape irrigation
              f.   landscape and/or recreational impoundments
              g.   wildlife habitat

       2. Maintain recycled water quality through a stringent pretreatment program for
          commercial and industrial wastes.

       3. Prevent direct human consumption of recycled water through:

              a. adherence to all applicable rules and regulations
                b. posting of warning signs by the user
                c. cross-connection/backflow prevention program

       4. Control run-off of recycled water through monitoring of the installation and operation
          of all recycled water facilities and use areas.

       5. Monitor recycled water quality.

13.06.115 – POLICY

       It is the policy of the City that recycled water be used for any purposes approved for
recycled water use, when it is economically, technically and institutionally feasible. Recycled
water shall be the primary source of supply for landscape irrigation, commercial and industrial
uses, whenever available and/or feasible. Use of potable water for landscape irrigation,
commercial and industrial uses shall be contrary to City policy; shall not be considered the most
beneficial use of a natural resource; and shall be avoided to the maximum extent possible.

13.06.120 – PRIORITY

        Recycled water shall be provided on a first-come, first-served basis, as long as recycled
water is available.

13.06.125 – DEFINITIONS

       Unless the context specifically indicates otherwise, the following terms and phrases, as
used in this Chapter, in addition to the definitions set forth in Title 22, Division 4, Chapter 3,
Regulations of the California Code of Regulations, shall have the meanings hereinafter
designated.

          AFY

          Acre-feet per year.

          Agricultural Use

          Water used for the production of crops and/or livestock.

          Air-Gap Separation

          A physical break between a supply pipe and a receiving vessel. The air gap shall be
          at least double the diameter of the supply pipe, measured vertically above the top rim
          of the vessel, and in no case less than one inch.

          Applicant

          Any person, group, firm, partnership, corporation, association, or agency that applies
          for recycled water service.
Application Rate

The rate at which irrigation water is applied to a design or use area, expressed in
gallons per minute.

Check Valve

A check valve that seats readily and completely. It must be carefully machined to
have free moving parts and assure water tightness. The face of the closure element
and valve seat must be bronze or other non-corrodible material that will seat tightly
under all prevailing conditions of field use. Pins and bushings shall be of bronze or
other non-corrodible, non-sticking material. The closure element (e.g., clapper) shall
be internally weighted or otherwise internally equipped to promote rapid and positive
closure in all sizes where this feature is obtainable.

Approved Double Check Valve Assembly

An assembly of at least two independently acting check valves including tightly
closing resilient seated (typ.) shut-off valves on each side of the check valve
assembly and suitable leak-detector drains plus connections available for testing the
water tightness of each check valve. This assembly shall only be used to protect a
non-health hazard.

Approved Reduced Pressure Principle Backflow Prevention Device

A device incorporating two check valves and an automatically operating differential
relief valve located between the two checks, two (typ.) shut off valves, and equipped
with necessary appurtenances for testing. The device shall operate to maintain the
pressure in the zone between two check valves two (2) psi less than the pressure on
the City water supply side of the device. At cessation of normal flow, the pressure
between the check valves shall be less than the supply pressure. In case of leakage
of either check valve, the differential relief valve shall operate to maintain this reduced
pressure by discharging to the atmosphere. To be approved, these devices must be
readily accessible for maintenance and testing, and installed in a location where no
part of the valve will be submerged.

Approved Use

An application of recycled water in a manner, and for a purpose, designated in a user
permit issued by the City and in compliance with all applicable regulatory agency
requirements.

Approved Use Area

A site, with well-defined boundaries, designated in a Permit for Recycled Water
Service issued by the City to receive recycled water for an approved use as
acknowledged by all applicable regulatory agencies.

As-built Drawings

The record drawings that show the completed facilities as constructed or modified.
Automatic System

The electrically actuated controllers, valves, and associated equipment used to
program and operate irrigation systems for the efficient application of recycled water.

Auxiliary Water Supply

Any water supply on or available to the premises other than the City’s potable water.

AWWA

The American Water Works Association.

CDHS

The California Department of Health Services (State and/or County).

City Council

The City Council of the City of Brentwood or their designee.

City Engineer

The City Engineer, or Engineer, in either case being the department or division head
responsible for supervising engineer activities.

Commercial/Industrial Use

The water used for toilets, urinals, decorative fountains, decorative indoor and
outdoor landscape, industrial process such as rinsing, washing, cooling, flushing,
circulation, or construction; and other uses approved by the City.

Commodity Charge

A charge imposed by the City for all metered, recycled water used.

Connection Fee

A fee imposed by the City for obtaining recycled water service from the City by means
of its recycled water facilities, including, but not necessarily limited to, a service
activation fee.

Cross-Connection

Any unapproved and/or unprotected, actual or potential, connection between any part
of a potable water system and any equipment, source, or system containing water or
other substances not approved as safe and potable for human consumption.
Customer

Any person, group, firm, partnership, corporation, association, or agency that legally
receives recycled water service from the City.

Design Area

A site, with well-defined boundaries, proposed to receive recycled water for an
approved use, as delineated in the Application for Recycled Water Service.

Direct Beneficial Use

The use of recycled water, which has been transported from the point of production to
the point of use, without an intervening discharge to waters of the State.

Director of Public Works

The Director of Public Works or his/her designee in either case being the department
or division head responsible for supervising operation and discharge of recycled
water.

Discharge

Any release or distribution of recycled water to a use area or disposal site/mechanism
(outfall, Live Stream Discharge, municipal sewage system). All discharges of
recycled water must be approved by the City.

Greenbelt Areas

Those areas including, but not limited to, parkways, parks, right-of-ways, and
landscaping within and/or surrounding a community.

Industrial Process Water

The water used in industrial facilities for blending, rinsing, washing, or cooling.

Infiltration Rate

The rate at which water penetrates the soil surface and enters the soil profile.

Landscape Impoundment

A body of water containing recycled water, which is used for aesthetic or irrigation
purposes and which is not intended for public contact or ingestion.

Landscape Irrigation/Use

Recycled water used for the propagation and maintenance of trees, shrubs, ground
cover and turf used for erosion control and aesthetic value, not for resale/profit
purposes.
Non-potable Water

Water that has not been treated for, or is not acceptable for, human consumption, in
conformance with Federal, State and Local water standards. Non-potable water
includes recycled water.

Off-site Facilities

All existing or proposed facilities under the control of the purveyor, from the source of
supply to the point of connection with the customer’s on-site facilities, normally up to
and including the agency’s meter and meter box.

On-site Recycled Water Supervisor

A qualified person designated by a recycled water user and trained by the City to be
responsible for the safe and efficient operation of the user’s recycled water system.
This person shall be knowledgeable in the operation of the recycled water system,
and in the application of Federal, State and Local guidelines, criteria, standards and
rules and regulations governing the use of recycled water.

Open Space

Land that has been designated to remain undeveloped. These areas may receive
recycled water service for agricultural or landscape irrigation, or other approved uses.

Permit

A processed and approved application package to, and agreement with, the City for
recycled water service.

POC

The point of connection at the recycled water service meter.

Ponding

The retention of recycled water on the ground surface or manmade surface for a
period of time following the cessation of an approved recycled water use activity,
such that potential hazard to the public health may result, as determined by
regulatory agencies.

Potable Water

Water which conforms to the latest Federal, State and Local drinking water
standards.

PSI

Pounds per Square Inch.          This is a common unit expression of pressure
measurement.
Recycled Water

As defined in Title 22, Division 4, of the California Code of Regulations, water, which
as a result of treatment of wastewater, is suitable for direct beneficial use or a
controlled use that otherwise would not occur. The treatment of wastewater is
accomplished in accordance with the criteria set forth in the Code.

Recycled Water Facilities

The systems, structures, and processes used in the treatment, storage, pumping,
transmission and distribution of recycled water.

Recreational Impoundment

A body of recycled water used for recreational activities including, but not limited to,
fishing, boating, and/or swimming. Allowable uses will depend on treatment level of
the recycled water.

Regulatory Agency

Those public entities legally constituted by Federal, State and Local statutes to
protect health and water quality.

Runoff

The flow of water along natural or manmade surfaces away from the designated use
area.

RWQCB

The Regional Water Quality Control Board.

Secondary Effluent

Any wastewater that has been treated by gravity sedimentation to remove settled
solids remaining after the primary biological treatment process.

Service

The delivery of recycled water to a user.

Service Connection

City facilities between the City recycled water distribution system and the customer’s
meter, including, but not limited to, the meter, meter box, valves, and piping
equipment.

Standard Specifications

The specifications approved by the City for construction of recycled water facilities.
          Tertiary Effluent

          Any secondary effluent which has been disinfected and filtered. Allowable uses for
          tertiary effluent shall include body contact and irrigation of human food crops.

           Unauthorized Discharge

           Any release of recycled water that violates these Rules and Regulations or any
           applicable Federal, State, or Local statutes, regulations, ordinances, contracts or
           other requirements.

          Use Area

          The specific area designated to be served with recycled water through on-site
          recycled water facilities.

          User

          Any person, group, firm, partnership, corporation, association or agency accepting
          recycled water from the City’s recycled water facilities for use in accordance with this
          Ordinance. “Applicant”, “Owner”, or “Customer” are terms that are to be considered
          as users.

          Windblown Spray

          Any dispersed, airborne particles of recycled water capable of being transmitted
          through the air to a location other than that for which the direct application of recycled
          water is approved.

13.06.130 – Administrator

       Except as otherwise provided herein, the Director of Public Works or their designee shall
administer, implement, and enforce the provisions of this Ordinance. The Director of Public
Works may, at his discretion, delegate any or all of these powers and duties.

13.06.135 – Validity

       If any section, subsection, sentence, clause or phrase of this Ordinance establishing
Rules and Regulations for the use of recycled water is for any reason found to be invalid or
unconstitutional, such decision shall not affect the remaining portions of this Ordinance. The
City Council declares that it would have approved this Ordinance by section, subsection,
sentence, clause, or phrase irrespective of the fact that any one or more of the section,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

13.06.140 – Right of Revision

       The City Council reserves the right to amend this Ordinance, as it deems appropriate.
13.06.145 – Service Area

        The rules and regulations contained in this Chapter apply to recycled water service to
lands and/or improvements lying within the legal boundaries of the City, to properties contiguous
to the City under the same ownership as abutting lands within the City or its designated service
boundary. Recycled water service shall be provided to a specific service area when related
distribution facilities are completed and service becomes available.

13.06.150 – Determination of Recycled Use Area

       A.     General

              1.      The City Council may adopt an Engineering Report for the Production,
                      Distribution, and Use of Recycled Water Master Plan designating current
                      and potential areas for recycled water use. The Master Plan shall be in
                      accordance with the requirements of all regulatory agencies and
                      encourage recycled water use. The Master Plan may be reviewed and
                      updated as needed.

              2.      The City Council may review its Master Plan and recommend where
                      water service should be made with recycled water in place of potable
                      water. Where it is determined recycled water is, or will be available within
                      5 years, the City may request modifications to existing on-site water
                      facilities and require construction of recycled water systems in new
                      developments.

              3.      The City Council may enter into agreements with surrounding cities
                      and/or other agencies to determine recycled water use area within the
                      service area/jurisdiction of those entities.

       B.     Existing potable water service

              1.      On adoption of this Chapter, and each update of the City’s Master Plan,
                      the City Council may make determinations of areas where existing
                      potable water use should be replaced with recycled water.

              2.      A notice of the determination to use recycled water shall be sent to the
                      current owner, explaining the reasons for use and resultant procedures
                      needed to facilitate recycled water use.

       C.     New recycled water service

              1.      On submittal by applicant of a tentative map, land use permit, other
                      proposed land development/land use, or request for recycled water
                      service, the City Engineer shall make preliminary determinations if
                      recycled water service should be provided to the area in question. The
                      City Engineer may require the use of recycled water for approved uses,
                      and refuse or otherwise restrict potable water service when recycled
                      water is available and approved for use.
13.06.155 – Authorized Uses

        In accordance with the goals as stated in this Chapter, the uses of recycled water
include only those uses approved by the California Department of Health Services (CDHS) and
for which Title 22 of the California Code of Regulations provides treatment requirements and is
permitted by the City’s Master Reclamation Permit. Each such use will be considered for
approval on a case-by-case basis. Prior to approval, the Director of Public Works may set forth
specific requirements as conditions to providing service, and/or require specific prior approval
from other appropriate regulatory agencies.

13.06.160 – Conditions of Services

         Recycled water service shall be provided by the Director of Public Works only if a permit
for such service is obtained in the manner provided in this Chapter. Recycled water service
shall be available, provided, and used in accordance with other codes, rules, and regulations as
listed in Section 13.06.165.

       If any of the following conditions of service are not satisfied at all times, “Permit for
Recycled Water Service” may be revoked by the Director of Public Works after which all
recycled water service shall cease in the manner described herein.

       A.      Financial

               Conditions relating to service fees and billing shall be similar, but not the same,
               as established for the potable water system. Rates for recycled water service
               shall be adopted by the City Council as listed in Ordinance No. 782.

       B.      Operational

               1.     Liability:

               The City shall not be liable for any damage by recycled water or resulting from:

                      a.    defective plumbing
                      b.    broken or faulty services or recycled water mains
                      c.    on-site facilities failures
                      d.    high or low pressure conditions
                      e.    interruptions of service

               2.     Service Basis:

               All recycled water will be provided to the user in the conditions and quantity
               specified in the “Permit for Recycled Water Service.” Recycled water use will not
               be subject to the same restrictions as potable water during drought conditions
               and will be supplied as available.

       C.      Regulatory

               Recycled water service may be terminated whenever the quality of the recycled
               water does not comply with the requirements of the regulatory agencies, and/or
               at any time the provisions of the Chapter regarding the use of recycled water are
              violated. Or at any time that the permit conditions, whether contained in an
              agreement, are violated.

13.06.165 – Other Applicable Rules and Codes

        For regulations that are the same for potable and recycled water, use applicable
regulations, or sections of already adopted potable water system regulations:

ITEM                           CURRENT REGULATION
Backflow prevention:           CMC 14.10.410
Billing:                       CMC 14.01.140
Deposits:                      CMC 14.01.260
Penalties:                     CMC 14.01.640
Delinquencies:                 CMC 14.01.580
Metering:                      CMC 14.01.240

        Other guidelines, rules and regulations, ordinances, specifications that may be applied
by the City Engineer and/or Director of Public Works to govern the use of recycled water within
the City include:

       AGENCY/ORGANIZATION DOCUMENT #                       DOCUMENT TITLE

       CDHS                          Title 22, Division 4   Water Reclamation

       CDHS                          Title 17               Regulations Relating to
                                                            Cross-Connections

       California-Nevada Section                            Guidelines for Distribution
       AWWA                                                 of Non-potable Water

       Foundation for Cross-         Most Current Ed.       Manual of Cross-Connection
       Connection                                           Control and Hydraulic
                                                            Research, School of
                                                            Engineering, University of
                                                            Southern California

       Regional Water Quality        TBD                    Master Reclamation Permit
       Control Board

13.06.170 – Permit Application Process

       The steps for obtaining Recycled Water Permits are as follows:

       1.     Obtain application form for Recycled Water Service from the Department of
              Public Works. By signing the application form, the applicant states that he/she
              agrees to comply with this Chapter and any and all applicable governing
              documents.

       2.     Complete Application Package and submit to the Public Works Department. The
              Application Package shall consist of:
      a.     Completed Recycled Water Service application form
      b.     Existing facility “as-built” drawings or proposed facility plans as
             appropriate.
      c.     Description of where and how recycled water use is proposed
      d.     Any other information pertinent to the use of recycled water as requested
             by the City Engineer.

3.    The applicant may schedule an appointment with the Director of Public Works to
      review the Application Packet. Subsequent to meeting, submit any additional
      information required.

4.    Prepare ‘User Report’ describing proposed/requested recycled water use(s).
      Submit ‘User Report’ to the Director of Public Works. As a minimum, the ‘User
      Report’ shall consist of the following information:

      a.     Applicant’s relationship to the subject property as legal owner, tenant, or
             lessee.
      b.     Description of recycled water use on the property.
      c.     Legal description of property.
      d.     Technical information requested on Recycled Water Service application
             form.
      e.     Total irrigated acres (if applicable).
      f.     Special conditions (other items that could be of concern when using
             recycled water).
      g.     As-Built/new drawings of the property, which are to include:
             • Locations of all service connections and waterlines (recycled, potable,
                 any other auxiliary source).
             • Proposed size of recycled water service connection.
             • Areas to be served with recycled water and areas excluded from
                 recycled water service.
      h.     A brief description of any/all special construction requirements.

5.    The City Engineer will review the ‘User Report.’ The Director of Public Works will
      inform applicant of any needed revisions.

6.    If not identified in the CDHS Approved Engineering Report for the Production,
      Distribution and Use of Recycled Water the ‘User Report’ approved by the
      Director of Public Works will be forwarded to the CDHS for review and approval.

7.    The Director of Public Works and applicant will address any concerns that the
      CDHS has regarding the ‘User Report’ and revise the report accordingly.

8.    The Director of Public Works will prepare a Permit for Recycled Water Service
      (see Section 13.06.175). Any auxiliary agreement between the City and the
      applicant, related to the Permit for Recycled Water Service, will be with the
      approval of the City Council.

9.    Applicant will pay any applicable fees.

10.   The Director of Public Works will schedule a start-up test of on-site recycled
      water system to ensure that cross-connections do not exist.
       11.    The Director of Public Works will direct recycled water service valves to be
              turned on and service will begin.

13.06.175 – Permits

       A City Permit for Recycled Water Service must be obtained by the user to receive
recycled water on any property.

        Permits to receive recycle water service, or any connection for service made as provided
in the permit issued under this Chapter pursuant to receipt of an application for such service,
shall be subject to the following conditions:

       A.     The applicant shall adhere to requirements prescribed by this Chapter and to all
              additional requirements required by all governing agencies governing recycled
              water use.

       B.     The applicant shall pay any specified connection fees, service line charges and
              other charges prior to issuance of the permit.

       C.     In order to maintain acceptable operating conditions throughout the recycled
              water system, the Director of Public Works may schedule recycled water use for
              specific applications. Such scheduling may involve programming deliveries to
              different users and/or to various portions of a single users on-site system. Any
              scheduling shall consider the operating constraints of the affected users.

       D.     The Director of Public Works may temporarily terminate recycled water service at
              any time the recycled water produced by the City of Brentwood’s reclamation
              plant does not meet the requirements of the regulatory agencies. Recycled
              water service would, in such case, be restored when the recycled water meets
              the governing requirements. The City may provide water service from other
              approved sources. In addition, approved air gap separations may be modified
              (as approved) to provide potable water to the recycled water system to ensure
              water service.

       E.     The City will apply for and process all applicable regulatory agency permits. The
              cost and preparation of any study or report necessary to comply with the
              California Environmental Quality Act (CEQA) or other regulatory requirements
              shall be the responsibility of the applicant, unless otherwise determined by the
              City Council.

       F.     The use permit shall come into force after the project has been completely
              constructed, tested and been approved by the involved agencies.

       G.     A copy of the current “Permit for Recycled Water” must be available for review at
              all times, and on file at the user’s office.

       H.     As a minimum, the use permit shall include the following:

              1.      Name and address of owner and user.
             2.     Name of ‘on-site’ supervisor, work phone number and after hours phone
                    number.

             3.     A statement that no changes in the proposed system will be undertaken
                    without application for and issuance of an amended permit.

             4.     A statement that the applicant recognizes potential penalties for violation
                    of this Chapter and any regulatory agencies.

             5.     A copy of the approved ‘User Report.’

             6.     Specific quantity of recycled water to be used. The following must be
                    identified:

                       a.     Estimated average annual AFY used
                       b.     Maximum GPM needed at the POC as shown on the plans

             7.     Permitted/approved uses

      I.     The use permit shall stay in effect as provided in the Permit or related
             agreement, but shall be cancelled or amended if:

             1.     A change of ownership occurs.

             2.     A change in ‘on-site’ supervisor occurs.

             3.     A change of recycled water use occurs.

             4.     A change in the piping system has been implemented without prior
                    approval.

             5.     A violation of these rules and regulations occurs and results in a system
                    turn-off.

13.06.180 – Rates, Fees, Charges and Deposits

      A.     General

             All rates and fees regarding recycled water service and their administrative costs
             shall be fixed and established by the City Council. The most current fee and rate
             schedules shall be established by Ordinance of the City Council and incorporated
             into this Chapter. Any changes in fee and rate schedules shall be automatically
             adopted into this Chapter.

             Applicants for recycled water service shall pay their fair share for the construction
             of facilities needed to deliver recycled water to the applicant’s property. All fees
             and estimated construction costs shall be paid prior to construction; however, the
             City may reimburse the applicant for a portion of the cost of such facilities as
             described in Paragraph D “Financial Participation by City.”
       B.      Change of Rates or Charges

               The City reserves the right to change the schedule of recycled water rates,
               service charges and any other charges, deposits, or fees at any time. These
               changes are subject to the terms of any existing “Permit for Recycled Water
               Service” (and/or agreements) and will be made by appropriate action of the City
               Council.

       C.      Temporary Service

               The recycled water rate for all water sold through temporary meters shall be
               established by action of the City Council. The charges for recycled water sold
               through temporary meters shall be billed and paid on a monthly basis, or as
               otherwise determined by the City Council.

       D.      Financial Participation by City

               Under certain circumstances, the City may contribute to the cost of designing
               and/or constructing the facilities needed to deliver recycled water to an
               applicant’s property.

               Subject to the availability of funds, the City may:

               1. Reimburse an applicant for costs incurred to install oversized facilities in the
                  public right-of-way in accordance with the City’s Development Fee Program.

               2. Elect to participate in or construct pipelines, reservoirs, pumping stations or
                  other facilities, as it determines necessary, and/or as funds are available.

13.06.185 – Size, Location, and Installation of Service Line

       The City reserves the right to determine the size and location and/or type of:

               a.     Recycled water service lines
               b.     Service connections
               c.     Meters
               d.     Backflow protection devices when required              and    any/all   other
                      appurtenances included to the service area.

       Recycled water service lines shall be extended by the property owner/developer to a
       curb line or property line of the customer’s property, abutting on a public street, highway,
       road or City easement in which recycled water mains are installed.

13.06.190 – Service Connection Limitations

       Permits for Recycled Water Service shall be subject to the following conditions:

       A. A recycled water service connection and its corresponding meter shall not be used to
          supply adjoining property of a different owner.
       B. A service connection shall not be used to supply adjoining property of a different
          owner, or to supply property of same owner across a road, street or other public
          right-of-way. When a property provided with a recycled water connection and
          corresponding meter is subdivided, such connection and meter shall be considered
          as serving the lot or parcel of land on which the meter is located. Additional recycled
          water mains and/or recycled water service lines will be required for all subdivided
          areas in accordance with this Ordinance.

       C. Private irrigation systems for homeowner’s associations and other developments
          where landscaping around homes and in common areas are served with one meter,
          shall not be allowed to cross public roads, easements, or other public right-of-way,
          unless otherwise approved by the City Engineer.

       D. All recycled water used on any property where a meter is installed must pass through
          the meter. Customers shall be held responsible and charged for all recycled water
          passing through their meters.

       E. Every recycled water service line installed by the City (or its agent) shall be equipped
          with a right angle valve (per City standard) on the inlet side of the meter. The right
          angle valve is to be used only by City personnel to control the recycled water supply
          through the water service line. If the right angle valve is damaged by the customer to
          an extent requiring replacement, then the customer shall bear full financial
          responsibility.

       F. Service is commenced after issuance of a “Permit for Recycled Water Service” by
          the City.

13.06.195 – Service Pressure

        The City will make every reasonable effort to supply recycled water at a service pressure
that is nearly equal to the potable water system pressure at the location of interest. If recycled
water service pressure does not meet the needs of the user, then it shall be the user’s
responsibility to increase or decrease the recycled water pressure on the user’s side of the
recycled water meter.

13.06.200 – Relocation of Recycled Water Service Lines

        Should a recycled water service line installed according to the directions of the applicant,
owner, or customer (user) be of the wrong size, or installed at a wrong location or depth, the
cost of relocation or removal shall be paid for by the user.

13.06.205 – Protective Measures

        The following provisions are intended to protect the City’s potable water supplies against
actual, undiscovered, unauthorized, or potential cross-connections to the user’s recycled water
system. These provisions are in addition to, not in lieu of, the controls and requirements of
other regulatory agencies. These provisions are in accordance with Title 17 (Public Health) of
the California Code of Regulations.

       Approved backflow prevention devices, on the City’s potable water services to the
property, as required in these provisions, shall be provided, installed, tested, and maintained by
the user at the user’s expense, unless otherwise determined by the Director of Public Works.
These devices shall be located on the property served immediately downstream of the meter.
All devices shall be readily accessible for testing and maintenance and no device shall be
submerged at any time.

        When a request for recycled water service is initiated, the applicant must provide
sufficient information, including plumbing and building plans, to enable the City Engineer, and
other regulatory agencies to determine the level of backflow protection required. The proper
backflow protection, as determined by the Director of Public Works and other regulatory
agencies, shall then be installed, inspected and tested before recycled water service is
provided.

        Each time there is a change of customer (either owner or tenant) on any commercial or
industrial premise, the owner or customer shall notify the Director of Public Works within 48
hours by written notification. The Director of Public Works will then reassess the level of
protection required. In addition, any alterations to existing on-site facilities that may affect
required protection level must be reported immediately to the Director of Public Works.

       At their discretion, representatives of any health agency having jurisdiction, and the
Director of Public Works, may conduct surveys of any property where recycled water service is
provided by the City. These surveys shall serve to determine if any actual or potential cross-
connections exist. The applicant, owner, or customer shall provide full cooperation in facilitating
these surveys.

       A.      Where protection is required:

               Approved backflow protection for potable water supplies shall be provided as
               follows:

               1.     Each City water service connection that supplies potable water to a
                      premises having an auxiliary water supply (including recycled water) that
                      is not accepted as potable source by the City Engineer, and/or is not
                      approved for potable use by the CDHS, shall be protected against
                      backflow from the premises into the City’s potable water system.

               2.     Each City water service connection supplying potable or recycled water to
                      a premises on which any substance is handled in such a fashion as to
                      permit entry into the City water systems (potable or recycled) from the
                      premises shall be protected against backflow. This shall include, but not
                      be limited to, the handling of fertilizers, process waters, and agricultural
                      use.

               3.     Approved backflow devices shall be installed where premises have
                      intricate plumbing and piping arrangements or where not all portions of
                      the premises are readily accessible for inspection.

               4.     Appropriate backflow protection may be required at premises where there
                      has been a history of cross-connections being re-established.
B.   Other Measures

     1.     Whenever possible, the City will operate the recycled water system at a
            slightly lower pressure than the potable water system. This will cause
            potable water to flow in the recycled water system in the event of a cross-
            connection.

     2.     Water meters used for recycled water service shall be tagged or color-
            coded, or otherwise distinguished as such per AWWA standards. These
            meters shall not be interchanged or used for potable water service after
            repairs and/or meter testing have been performed.

     3.     Periodic inspection, by the City, of the recycled water facilities will
            determine if all identifying items are still clearly discernable. If not, they
            shall be replaced, repaired or refurbished as needed, by the user. These
            items include:

            a.     Warning tags
            b.     Painted surfaces
            c.     Warning tape
            d.     Identification tape
            e.     Covers, caps, signs
            f.     Other items that indicate recycled water is being used

     4.     To determine the existence of any cross-connections or backflow
            conditions into the potable water system, periodic testing using the CDHS
            approved methods will be performed by the Department of Public Works
            and/or other regulatory agencies as required.

     5.     In the event of contamination or pollution of a City potable water system
            due to a cross-connection or other failure, the Director of Public Works
            and the CDHS, shall be promptly notified, so that appropriate and
            immediate measures may be taken to correct the problem.

     6.     The CDHS, County Health Department, and the Director of Public Works,
            shall be kept informed by written document of the identity of the person
            responsible for the recycled water system on all premises concerned with
            these rules and regulations. At each authorized use area, an ‘On-Site’
            Recycled Water Supervisor shall be designated. This supervisor shall be
            responsible for:

            a.     the installation and use of all components of the on-site recycled
                   water system(s)
            b.     Prevention of cross-connections
            c.     Change in use of recycled water

C.   Recycled Water Service Termination Due to Health and Safety Concerns

     When the Director of Public Works determines that recycled water uses or
     conditions encountered by the Department of Public Works represent a clear and
     immediate hazard to the City potable and/or recycled water supply that cannot be
              immediately removed or corrected, the Director of Public Works shall begin the
              procedure for terminating recycled water use. Conditions or uses that create a
              basis for termination include, but are not limited to:

              1.      Refusal to install when required a backflow prevention device.

              2.      Refusal to test a backflow prevention device.

              3.      Refusal to repair or replace a faulty backflow prevention device.

              4.      Direct or indirect connection between the potable and recycled water
                      systems.

              5.      Direct or indirect connection between the recycled water system
                      and a system or equipment containing contaminants.

              6.      A situation which presents an immediate health hazard to the City’s
                      potable and/or recycled water system, as determined by the Director of
                      Public Works, or other regulatory agencies.

13.06.210 – Type of Protection

        The level of protection required shall be related to the degree of potential hazard that
exists on the premises served, and will be determined by the Director of Public Works.

13.06.215 – Inspection and Maintenance of Protective Devices

       The user is responsible for inspection and testing of all backflow prevention devices at
least once a year, or more often in those instances where successive inspections indicate
repeated failure. All inspections and tests shall be performed at the user’s expense by a City
approved testing firm. These devices shall be repaired, overhauled and/or replaced at the
expense of the user whenever they are found to be defective. These devices shall also be
tested immediately after they are installed, relocated or repaired. The user shall maintain
records of all such test, repairs and overhauls. These records shall be made available to the
CDHS and City staff, on request, and submitted to the Director of Public Works or his/her
designee, annually.

13.06.220 – Facilities Design

        The design of off-site facilities, including the preparation of plans and construction
specifications shall be under the responsibility of an engineer registered in the State of
California. The design of customer (on-site) facilities that will use recycled water, and
preparations of plans and construction specifications, shall be stamped and signed by a State of
California Registered Landscape Architect or Civil Engineer, unless otherwise approved by the
City Engineer.

        Before the City Engineer grants final acceptance of any system using recycled water, as-
built drawings of the system shall be provided. The installed system shall be tested in
accordance with the City Standard Plans and Specifications to ensure that the system is in full
compliance with these rules and regulations.
A.   General

     1.      All off-site and on-site recycled water facilities shall be designed and
             constructed according to the requirements, conditions, and standards as
             adopted in the City Standard Plans and Specifications to ensure that this
             system is in full compliance with this Chapter. Recycled water systems,
             both on-site and off-site, shall be separate and independent of any
             potable water systems.

     2.      Where the premises contain dual or multiple water systems, the exposed
             portions of pipelines shall be identified at sufficient intervals to distinguish
             clearly which water is not safe for drinking purposes.

     3.      Areas irrigated with recycled water must be kept completely separated
             from domestic water wells and reservoirs. Recycled water shall not be
             applied or allowed to migrate to within 50 feet of any well used for
             domestic supply, and no impoundment of recycled water shall be located
             within 100 feet of any domestic water well, unless it can be demonstrated
             that special circumstances justify lesser distances to be acceptable.

     4.      Adequate means of notification should be provided to inform the public,
             employees and others that recycled water is being used. Conspicuous
             signs with appropriate wording that can be clearly read, should be placed
             at adequate intervals around the authorized use are.

               a.      All users will provide appropriate notifications and signage
                       indicating recycled water is being used.
               b.      Languages in addition to English should be used on signs where
                       appropriate.

B.   Off-site Facilities

     Any off-site recycled water distribution facilities required to serve existing or new
     developments of the property within the City, as determined by the City Engineer,
     shall be provided by the applicant, owner, or customer at their expense, unless
     the City Engineer determines it is a City benefit to construct these capital
     facilities.

     Plans and specifications for all recycled water distribution facilities shall be
     submitted to and approved by the City Engineer, and other regulatory agencies,
     in advance of construction.

     The City will assume responsibility for providing recycled water service to the
     point of connection of such development on transfer, to the City, title to all off-site
     recycled water systems and any necessary easements. All easements shall be
     in a form acceptable to the City Engineer, and not subject to outstanding
     obligations to relocate such facilities or any deeds of trust, except in instances
     where such is determined by the City Engineer to be in the best interest of the
     City.
     The property owner, proponent, or developer may request that the City enter into
     a reimbursement agreement for the portions of a recycled water system that are
     required to be oversized (considering standard sizes of materials and City
     standards) with capacity to supply more recycled water than the property owner,
     proponent or developer requires. Or for certain items that would not be required
     if potable water were to be used in place of recycled water. The determination to
     enter into a reimbursement agreement, and the specific items that are the subject
     of reimbursement, will be made by the City and shall be in accordance with the
     City’s Development Fee Program.

C.   On-site Facilities

     Any on-site recycled water facility shall be provided by the applicant, owner, or
     customer at his expense. The applicant, owner or customer shall retain title to all
     on-site facilities unless determined otherwise by the Director of Public Works.

     When this Chapter and/or Standard Specifications require a higher quality
     material, equipment, design or construction method than that required by the
     other governing codes, rules and regulations, the City Plans and Specifications
     shall take precedence.

D.   Interim Service

     In areas where recycled water is not immediately available when the use area is
     ready for construction, and if the City has determined that recycled water will be
     supplied in the future, on-site facilities shall be designed to use recycled water.
     Provisions shall be made, and this Chapter followed, to allow for connection to
     the City off-site recycled water facilities, when available. In the interim, potable
     or other suitable water may be supplied to the on-site facilities through an
     “interim service connection.”

     1.     Conditions of interim service are:

            a.      The City anticipates recycled water will be available to the site
                    within 5 years of the time interim service is initiated.
            b.      The applicant must obtain a “Permit for Recycled Water Service.”
            c.      The applicant must agree to perform or pay for all work necessary
                    to remove the interim connection and make connections to the
                    permanent recycled water system at the time the recycled water
                    system is installed.

     2.     An approved backflow prevention device is required on the interim
            service. The backflow prevention device shall be at the point of
            connection with the interim supply system and a part of the on-site
            recycled water facilities.

     3.     Future recycled water customers will pay for the following:

              a.       Cost of constructing and abandoning the interim service, and
                       cost of constructing the recycled water service.
                       b.      Applicable recycled water fees at the time service becomes
                               available.
                       c.      Applicable interim water rates for the type of water delivered
                               through the interim service.

              4.     When recycled water is available to the site, an inspection of the on-site
                     facilities will be conducted by the Director of Public Works to verify that
                     the facilities have been adequately maintained and are still in compliance
                     with the “Permit for Recycled Water.” Recycled water service shall be
                     provided on verification of compliance. If the facilities are not in
                     compliance, the Director of Public Works shall notify the user to correct
                     the situation before service is reestablished.

13.06.225 – Construction

       A.     New

              Construction of all recycled water facilities will follow the City Standard Plans and
              Specifications, unless otherwise specified by the City Engineer.

       B.     Conversion to recycled water use

              Where it is planned that an existing non-recycled water system be converted to a
              recycled water facility, the facilities to be converted to recycled water shall be
              investigated in detail at the user’s expense, unless otherwise determined by the
              City Engineer. On a case-by-case basis, the City Engineer and other regulatory
              agencies will review the materials, specified in Section 13.06.170, deemed
              necessary to determine the measures required to bring the system into full
              compliance with this Chapter. No existing potable water facilities shall be
              connected to or incorporated into the recycled water system without City and
              other regulatory agency approvals.

       C.     Conversion from recycled water use

              If, due to on-site failure of the recycled water system or use violations, the City
              and/or other regulatory agencies determine it possible and necessary to convert
              on-site facilities from a recycled water supply to a potable, or other, water supply,
              it shall be the responsibility of the user to pay all cost for such conversion, unless
              determined otherwise by the City Engineer. Conversion costs may include, but
              no limited to, the following:

              1.     Isolation of the recycled water supply. Service shall be removed and
                     plugged at the City main or abandoned in a manner approved by the City
                     Engineer.

              2.     Installation of approved backflow prevention devices, as determined by
                     the City Engineer and other regulatory agencies. The user shall install
                     approved backflow devices on all potable, and/or other water meter
                     connections.
               3.      Removal of any/all special recycled water quick couplers. The user shall
                       be responsible for replacement with quick couplers approved for potable
                       water systems.

               4.      Notification to all on-site personnel involved.

               5.      Removal of all warning labels/signs.

               6.      Installation of any/all potable water facilities and payment of any
                       associated capacity fees, as provided for in the City water service code.

               7.      System flushing, disinfecting, decontamination, and water quality
                       analyses, as required by the City and/or other regulatory agencies.

13.06.230 – Emergency Connection of the Recycled Water System to the Potable Water
System

                If the Director of Public Works determines an emergency exists where all or parts
of the recycled water system are unable to provide recycled water, the Director of Public Works
may approve an emergency temporary connection to the potable water system. Before such
emergency temporary connection is made, the portion without recycled water shall be isolated
by an air gap separation from the remainder of the recycled water system. This isolation shall
occur at either individual services or on the off-site system, as determined by the Director of
Public Works or other regulatory agencies. An approved backflow prevention device shall be
installed on the potable water lines in accordance with this Chapter and all other applicable
regulations of the governing agencies. The emergency temporary connection shall be removed
before connection to the recycled water system is re-established. Re-establishment of recycled
water service must be inspected and approved by the Director of Public Works prior to resuming
delivery of recycled water.

13.06.235 – Off-site Facilities

        Operation, maintenance and surveillance of all City off-site recycled water systems
including but not limited to, recycled water pipelines, valves, connections, storage facilities, and
other related equipment and property up to and including the meter, shall be under the
management and control of the City. No other persons except authorized representatives of the
City shall have the right to enter any of the City off-site facilities. Only City personnel and their
representatives shall operate, adjust, change, alter, move or relocate any portion of the off-site
recycled water system.

13.06.240 – On-site Facilities

       A.      General

               1.      The operation, surveillance, repair, and maintenance of all customer
                       recycled water facilities are the responsibility of the user. The user’s
                       designated “On-site” Recycled Water Supervisor shall bear this
                       responsibility.

               2.      The Director of Public Works or his/her designee will monitor and inspect
                       all on-site recycled water facilities and associated records, and for these
            purposes will have the right to enter the user’s premises. Where
            necessary, keys and/or lock combinations shall be issued to the Director
            of Public Works to provide such access during hours of recycled water
            system operation.      Monitor and inspection includes documenting
            inspection observations by photograph and copying of records.

B.   The user shall have the following responsibilities pertaining to operation of on-
     site facilities:

     1.     To ensure that all operations personnel are trained and familiarized with
            the use of recycled water. This training will be documented in writing.

     2.     To furnish their operations personnel with maintenance instructions,
            irrigation schedules, controller charts, and as-built drawings to ensure
            proper operation in accordance with the on-site facilities design and these
            rules and regulations.

     3.     To prepare and submit to the Director of Public Works one reproducible
            set of as-built drawings.

     4.     To notify the Director of Public Works of all updates or proposed changes,
            modifications, or additions to the on-site facilities and operations. All
            updates and proposed changes must be approved by the Director of
            Public Works and/or City Engineer prior to construction or
            implementation. All updates and proposed changes shall comply with this
            Chapter and governing documents of all other regulatory agencies.

     5.     To ensure that the operation and maintenance of all recycled water
            facilities remain in accordance with this Chapter and other documents
            governing recycled water systems within the City.

     6.     To operate and control the system in order to prevent direct human
            consumption of recycled water and to control and limit runoff. The
            applicant, owner, or customer shall be responsible for any and all
            subsequent uses of the recycled water. Operation and control measures
            to be utilized in this regard shall include where appropriate, but not limited
            to:

              a.     On-site recycled water facilities shall be operated to prevent or
                     minimize discharge onto areas not under control of the customer
                     so as to minimize public contact.

              b.     The operation of the on-site recycled water facilities shall be
                     during periods of minimal human use of the service area.
                     Consideration shall be given to allow a maximum dry-out time
                     before the irrigated area will be used by the public. For
                     agricultural operations, the soil moisture reservoir shall be
                     depleted (dried) by at lease 30% before harvest.
              c.      Adequate first aid kits should be available on the premises. All
                      cuts and abrasions should be promptly treated to prevent
                      infection. If infection is likely, a physician should be consulted.

              d.      Recycled water shall be applied at a rate that does not exceed
                      the infiltration rate of the soil. Where varying soil types are
                      present, the design and operation of the recycled water facilities
                      shall be compatible with the lowest infiltration rate of the soils
                      present.

              e.      When the application rate exceeds the soil infiltration rate,
                      automatic controller systems shall be utilized to minimize
                      ponding and runoff of recycled water. Total sprinkler run times
                      shall not be greater than the time needed to supply the
                      landscape’s water requirement. If runoff occurs before the
                      landscape’s water requirements are met the automatic
                      controllers shall be reprogrammed with additional watering
                      cycles of shorter duration to meet the requirements. This
                      method of operation is intended to control and limit runoff.

              f.      The user shall report immediately to the Director of Public Works
                      all failures in the recycled water system that cause an
                      unauthorized discharge of recycled water.

              g.      All drinking fountains located within the approved use area,
                      designated by the user permit, shall be protected by location
                      and/or a structure from contact with recycled water to the
                      maximum extent possible. Windblown spray, direct application
                      through irrigation or other approved uses are considered
                      sources of recycled water. Protection shall be by design,
                      construction practice, or system operation.

              h.      Facilities that may be used by the public, including but not
                      limited to, eating surfaces and playground equipment and
                      located within the approved use areas designated by the user
                      permit, shall be protected by seating and/or structure from
                      contact with recycled water to the maximum extent possible.
                      Windblown spray, direct contact by irrigation application, or other
                      approved uses are considered sources of recycled water.
                      Protection shall be by design, construction practice, or system
                      operation.

C.   The user shall enforce the following prohibitions:

     1.     Cross-connections:

            Cross-connections, as defined by the California Code of Regulations,
            Title 17, resulting from the use of recycled water or from the physical
            presence of a recycled water service, whether by design, construction
            practice, or system operation, are prohibited.
               2.     Discharge in unapproved areas:

                      Discharge of recycled water for any purposes, in areas other than those
                      specifically approved in the currently effective user permit issued by the
                      Director of Public Works, and without the prior knowledge and approval of
                      the governing regulatory agencies, is prohibited.

               3.     Ponding:

                      Conditions that directly or indirectly cause recycled water to pond either
                      within or outside of the approved use area, whether by design,
                      construction practice, or system operation are prohibited, unless designed
                      specifically for ponding and approved by regulatory agencies.

               4.     Runoff:

                      Conditions that directly or indirectly cause runoff of recycled water onto
                      areas outside of approved use areas, whether by design, construction
                      practice, or system operation, are prohibited.

               5.     Unapproved uses:

                      Use of recycled water for any purposes other than those specifically
                      approved, in the currently effective user permit issued by the Director of
                      Public Works, and without the prior knowledge and approval of the
                      governing regulatory agencies, is prohibited.

               6.     Windblown spray:

                      Conditions that directly or indirectly permit windblown spray to pass
                      outside of the approved use are, whether by design, construction
                      practice, or system operation, are prohibited.

13.06.245 – Monitoring and Inspection

          The Director of Public Works will monitor and inspect the entire recycled distribution
facility, including both off-site and on-site facilities. The Director of Public Works will conduct
monitoring programs, maintain records as deemed necessary, inspect on-site facilities for
compliance with these rules and regulations, and provide reports as requested by the regulating
agencies. For these purposes, the Director of Public Works will have the right to enter the
customer’s premises during hours of recycled water system operation to inspect on-site
recycled water facilities and approved use areas, and to verify that the customer’s irrigation
practices conform with this Chapter.

13.06.250 – Maintenance Responsibility

       A.      Recycled water system

               The applicant, owner, or customer is responsible for maintaining all on-site
               facilities that are under the ownership of parties other than the City.
B.   Obstruction in meter boxes

     No person shall place, dispose, deposit or permit the placement, disposal,
     deposit of oil, toxic, hazardous or contaminated liquid or waste, trash, soil,
     building materials or other substances, objects, or obstructions in, on, or around
     meter boxes or other City facilities. No person shall allow or permit meter boxes
     or other City facilities from becoming obstructed or obscured by trees, shrubs,
     plants or in any other manner so as to impede their use or access to them to
     make their location difficult to determine. If such substances, objects, or
     obstructions are not cleaned and removed or are permitted to obscure or impede
     use or access to such facilities, the City may accomplish the cleaning and
     removal at the user’s expense. The Director of Public Works will provide
     reasonable notice to the user before assessing the charge.
                             CITY COUNCIL AGENDA ITEM NO. 6



Meeting Date: October 26, 2004

Subject/Title:   Second Reading and adoption of the Amendment of the Home Occupation Use
                 Permit Provisions of the Zoning Ordinance.

Prepared by:     Tim Nielsen, Planning Technician

Submitted by: Howard Sword, Economic Development Director


RECOMMENDATION
Waive second reading and adopt Ordinance No 785 to amend the Home Occupation Use
Permit Provisions of the Zoning Ordinance.

PREVIOUS ACTION
On October 12, 2004, the City Council approved the first reading of Ordinance No. 785.

BACKGROUND
On October 12, 2004 the City Council waived the first reading and introduced the Ordinance.
The changes requested by City Council at the public hearing have been made and are reflected
in the attached Ordinance.

FISCAL IMPACT
Clarification and modification of the Code will result in greater economic development
opportunities through home occupations, which could generate business taxes.

ATTACHMENTS:
A. Ordinance
                                     ORDINANCE NO. 785

       AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       AMENDING SECTION 17.840 OF THE BRENTWOOD MUNICIPAL CODE WHICH
       ESTABLISHES REGULATIONS FOR HOME OCCUPATION PERMITS.

      WHEREAS, the Municipal Code in Section 17.840 contains provisions for the regulation
of home occupation uses; and

       WHEREAS, it is the City's goal to encourage and facilitate economic development; and

      WHEREAS, home occupation permit provisions of the Municipal Code provide
parameters to conduct certain limited businesses; and

        WHEREAS, there are several minor changes that need to be made to the ordinance, in
order to improve the clarity and ease future interpretation of the ordinance; and

     WHEREAS, on June 1, 2004, the Planning Commission directed staff to process an
amendment of the Municipal Code provisions for home occupation permits; and

      WHEREAS, on August 17, 2004, the Planning Commission held a public hearing on the
proposed amendment to Section 17.840 of the Municipal Code and adopted a resolution
recommending to the City Council that Section 17.840 of the Brentwood Municipal Code be
amended; and

      WHEREAS, at the meeting of September 28, 2004 this item was continued to the
meeting of October 12, 2004; and

       WHEREAS, this action has been reviewed per the California Environmental Quality Act
(CEQA). Pursuant to Section 15061(a)(3) of CEQA this activity is covered by the general rule
that CEQA applies only to projects that have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA;
and

       WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood News
according to City policies and Government Code Section 65091; and

      WHEREAS, the City Council held a public hearing on the proposed amendment on
October 12, 2004, for the purpose of reviewing this code amendment and the staff
recommendations; and

        WHEREAS, after close of the public hearing, the City Council considered all public
comments received both before and during the public hearing, the presentation by City staff, the
staff report, the recommendations, and all other pertinent documents and associated actions
regarding the proposed ordinance amendment; and

       WHEREAS, the City Council of the City of Brentwood makes the following finding per
the Brentwood Municipal Code associated with this amendment:

       This amendment is consistent with the General Plan and other applicable City plans, and


                                                2
       is appropriate to the public interest in helping to support economic development and
       civic and cultural events.

       NOW, THEREFORE, the City Council of the City of Brentwood hereby amends Section
17.840 of the Brentwood Municipal Code as follows:

                        (Deleted text stricken added text underlined)

                                        Chapter 17.840

                              HOME OCCUPATION USE PERMIT

      17.840.001 Title and purpose of provisions.

A. Title. The provisions of this chapter shall be known as the "home occupation use permit
procedure" of this title.
B. Purpose. The purpose of these provisions is to prescribe a procedure to permit and control
the conduct of certain small home-based businesses and other activities as accessory uses in
the homes.

       17.840.002 Applicability of provisions.

This procedure shall be required whenever a business license is required using a home as the
"location of business in Brentwood" or in the absence of a location, using a home as a "mailing
address" and in any case where a commercial or commercial-like activity or an activity not
customarily conducted in the home, is being conducted in a home.

       17.840.003 Home occupation defined.

A home occupation is a commercial or other activity conducted in a home by the resident
thereof which activity is clearly incidental and secondary to the use of the home as a residence
and which exhibits no external evidence of the activity and will not change the residential
character of the dwelling.

       17.840.004 Application.

A. A home occupation use permit application shall be prepared and submitted pursuant to
Chapter 17.800.
B. The supporting information specified in Section 17.800.007 shall be limited to a description of
the business or other commercial activity including the method by which the activity will be
conducted, that portion of the home in which the activity will be conducted, and a description of
any equipment or materials to be utilized in the home.

       17.840.005 Procedure.

A. Application for a home occupation use permit shall be processed pursuant to Section
17.800.010.
B. Following a determination that an application is complete the zoning administrator
Community Development Director shall deny, approve or conditionally approve the application.

       17.840.006 Conditions of approval.


                                                3
A. The home occupation shall be conducted entirely within the dwelling unit or an a legal
accessory structure building located on the property and comprise no more than 20% of the
living space on the property at the time of application submittal. If conducted within a garage or
other accessory building, the doors shall be closed at all times.
B. Home occupations shall be provided with a single station smoke detector and a minimum
five-pound fire extinguisher type 2-A: 10-B: C.
C. Such other conditions of approval which pertain to the proposed use as may be deemed by
the zoning administrator Community Development Director to be necessary to assure the use
can be conducted as a home occupation in a manner which does not adversely impact public
health and safety.
D. In the event of a failure to comply with these regulations, the planning director Community
Development Director may, after notice and an administrative hearing, revoke the home
occupation use permit.
E. A business license shall be required for a home occupation if applicable and a time limit
which for the initial approval shall not exceed one year and for subsequent renewals shall not
exceed three years.
F. A time limit which for the first year shall not exceed one year and for subsequent renewals
shall not exceed three years.

       17.840.007 Uses prohibited.

The following uses shall be expressly prohibited as home occupations:
A. Medical, dental, chiropractic, massage or similar offices or clinics;
B. Barber or beauty shops;
C. Pet grooming or boarding;
D. Real estate or similar Business offices or retail uses where a client typically goes to the office
or retail establishment to conduct business;
E. T.V., radio or appliance repair at the location of the home occupation, other than repair of
small hand-held tools or appliances;
F. Cabinet shop, furniture manufacture, upholstery repair or similar uses requiring the use of
electric saws, joiners, air compressors and similar tools;
G. Automotive repair, maintenance or other automotive services (except for the home
occupant’s personal vehicle);
H. Any use involving storage of hazardous chemicals or supplies not normally found at a private
residence.
H I. Bicycle, lawn mower or small engine repair or maintenance;
I J. Welding, use of paint sprayers, compressors, etc;
J K. Other uses which the planning director Community Development Director determines to be
inappropriate or incompatible within a residential neighborhood.

       17.840.008 Activities prohibited.

The following activities shall be prohibited in conjunction with any home occupation:
A. The employment within the home of any person, other than an inhabitant of the home;
B. The use of more than one room or the equivalent of 20% of the floor area of the dwelling unit,
whichever is greater. If the home occupation is conducted within a garage or accessory building,
the doors shall be closed at all times;
C. The use of equipment powered by motors of more than a total of one horsepower capacity or
the equivalent thereof;
D. The display of any stock in trade in stock;


                                                 4
E. The generation of vehicular or pedestrian traffic in excess of that associated with the
residential use, except as provided in Section 17.840.009;
F. Creation of any radio or television interference or creation of any noise greater than the noise
performance standards established in Section 17.200.004;
G. The emission of odor or gaseous, liquid or solid waste;
H. The display of signs or advertising devices identifying the home occupation or any outside
display or window display of materials or products;
I. Any commercial retail sales on the premises;
J. The storage or use of commercial vehicles for delivery to or from the premises, other than a
one vehicle not to exceed one-ton capacity, owned by the occupant of the home;
K. Any external alteration of the appearance of the dwelling unit in which the home occupation is
conducted;
L. The use of yard space or any activity outside the main or accessory building which is not
normally associated with a residents use.

       17.840.009 Exception for teaching, counseling, or instructional activities.

For the purposes of this section, tutoring, counseling, language, music instruction, or similar
home occupation undertaken entirely within the home and deemed appropriate by the
Community Development Director shall not constitute a significant and sustained traffic increase
affecting the residential character of the neighborhood.
A. Hours of operation are limited to 7 a.m. to 8 p.m., Monday through Friday, and 8 a.m. to 8
p.m. on Saturday and Sunday, unless limited further by conditions placed upon the hours of
operation as allowed in Section B below.
B. A notice must be sent to adjoining property owners prior to approval of the business. If there
are any concerns, the approval may be conditioned to mitigate them, or the application could be
referred to the Planning Commission for review and approval.
C. The Brentwood Noise Ordinance (Section 9. 32) must, without exception, be fully complied
with.
D. Any non-prohibited activity or use proposed under this exception that cannot meet all of the
requirements listed above will be referred to the Planning Commission for review and approval.

       17.840.009 010 Appeal.

Action of the zoning administrator Community Development Director may be appealed
pursuant to Chapter 17.880.

        THE FOREGOING ORDINANCE was introduced with the first reading waived at a
regular meeting of the Brentwood City Council on the 12th day of October 2004 and was
adopted at the regularly scheduled meeting of the Brentwood City Council on the 26th day
of October, 2004 by the following vote:




                                                5
                              CITY COUNCIL AGENDA ITEM NO. 7



Meeting Date: October 26, 2004

Subject/Title:   Second reading and adoption of Ordinance No. 786 approving a Rezone (RZ
                 03-14) of 26+/- acres from PD-18 and R-3 to PD-67 with the establishment of
                 development standards for a mixed-use development, located at the northwest
                 corner of Balfour Road and the State Route 4 Bypass

Prepared by:     Erik Nolthenius, Senior Planner

Submitted by: Howard Sword, Economic Development Director



RECOMMENDATION
Waive the second reading and adopt Ordinance No. 786.

PREVIOUS ACTION
At its meeting on October 12, 2004, the City Council waived the first reading of Ordinance No.
786 on a 4-0 vote (Councilmember Hill was absent).

ANALYSIS
Adoption of this ordinance will enable the project site to be developed with a mix of uses,
including 90 single-family detached homes, a 120-unit senior apartment complex, a Chevron
station, a McDonald’s restaurant and future commercial uses.

FISCAL IMPACT
The developer will be required to pay all relevant fees as specified in the conditions of approval
for the project. The project, once developed, would generate additional property tax and sales
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. 786

       AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       APPROVING A REZONE (RZ 03-14) OF 26+/- ACRES FROM PD-18 AND R-3 TO PD-
       67 WITH THE ESTABLISHMENT OF DEVELOPMENT STANDARDS FOR A MIXED-
       USE DEVELOPMENT, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A
       MITIGATED NEGATIVE DECLARATION, LOCATED AT THE NORTHWEST CORNER
       OF BALFOUR ROAD AND THE STATE ROUTE 4 BYPASS (APN'S 019-150-053, -072
       AND -077 THROUGH -081).

       WHEREAS, Blackhawk-Nunn Active Adult Communities of Brentwood, L.P. and Balfour
Properties, LLC has requested approval of a General Plan Amendment and Rezone on
approximately 26 gross acres located at the northwest corner of Balfour Road and the State
Route 4 Bypass, in order to facilitate development of the “Cox Property” (TSM 8781, CUP 04-
10, CUP 04-11, DR 03-26 and DR 03-27); and

      WHEREAS, the applicant is requesting a General Plan Amendment from 11.38 acres of
High Density Residential and 15 acres of General Commercial to 4.8 acres of Very High Density
Residential, 11 acres of Medium Density Residential and 10.58 acres of General Commercial;
and

       WHEREAS, the applicant is concurrently requesting a Rezone from PD-18 and R-3 to
PD-67 with the establishment of development standards for a mixed-use development allowing
very high density and medium density residential uses on the northern approximately 16 acres
and commercial uses on the southern approximately 10 acres; 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 30-day
public review and comment period was begun on July 23, 2004, and ended on August 23, 2004,
and no significant 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 Brentwood News on July 23, 2004, and
again on September 17, 2004, in accordance with City policies and Government Code Section
65090; and

        WHEREAS, the Planning Commission of the City of Brentwood held a public hearing on
this project at its regular meeting of September 7, 2004, and passed Resolution No. 04-54
recommending approval of the General Plan Amendment and Rezone; and

     WHEREAS, the City Council held a public hearing on the proposed General Plan
Amendment and Rezone on October 12, 2004, 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

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

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

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

       3. The proposed rezone will establish clear development standards for the uses
          permitted under the General Plan, Zoning Ordinance, and conditionally approved
          entitlements for the “Cox Property”; and

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

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

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

       7. 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

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

       9. 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

       10. 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

       11. The natural and scenic qualities of the site are protected, with adequate available
           public and private open spaces designated on the development plan; and
       12. The development of the subject property, in the manner proposed by the applicants,
           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,
           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 further 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 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 or after project-specific mitigation measures are applied. 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 for the 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 and the Mitigation Monitoring and Reporting Program
prepared for this project and directs staff to file the Notice of Determination with the Contra
Costa County Clerk.

Section 2.

The approximately 26 gross acre project site, as shown on Exhibit "A" to this Ordinance, is
hereby rezoned from PD-18 and R-3 to PD-67 for mixed-use development.

Section 3.

Directs staff to make the necessary change to the City Zoning Map.
Section 4.

Chapter 17.524 is hereby added to the Brentwood Municipal Code for the purpose of regulating
certain real property and establishing development standards for the Cox Property, as shown on
Exhibit "B" to this Ordinance.

Section 5.

Chapter 17.524 is hereby known as the Planned Development No. 67 Zone.

Section 6.

Development standards for the Cox Property 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 12th day of October 2004, by the following
vote:

And was adopted at a regular meeting of the Brentwood City Council on the 26th day of October
2004, by the following vote:

Exhibits:
Exhibit "A" – Map of area to be rezoned
Exhibit "B" – Legal description of area to be rezoned
Exhibit "C" – Development standards for PD-67
                             EXHIBIT “C”

                            CHAPTER 17.524
               PD-67 (PLANNED DEVELOPMENT NO. 67) ZONE
                          THE COX PROPERTY


COX PROPERTY MIXED USE

17.524.001          AUTHORITY, PURPOSE AND INTENT

17.524.002          PERMITTED AND CONDITIONALLY PERMITTED USES AND
                    GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “A”
                    (GENERAL COMMERCIAL AREA)

17.524.003          PERMITTED AND CONDITIONALLY PERMITTED USES AND
                    GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “B”
                    (GENERAL COMMERCIAL AREA)

17.524.004          PERMITTED AND CONDITIONALLY PERMITTED USES AND
                    GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “C”
                    (GENERAL COMMERCIAL AREA)

17.524.005          PERMITTED AND CONDITIONALLY PERMITTED USES AND
                    GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “D”,
                    (GENERAL COMMERCIAL AREA)

17.524.006          PERMITTED AND CONDITIONALLY PERMITTED USES AND
                    GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “E”
                    (VERY HIGH DENSITY RESIDENTIAL AREA)

17.524.007          PERMITTED AND CONDITIONALLY PERMITTED USES AND
                    GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “F”
                    (MEDIUM DENSITY RESIDENTIAL AREA)

17.524.008          OTHER REGULATIONS
17.524.001 AUTHORITY, PURPOSE AND INTENT:

The authority, purpose and intent for the adoption of the PD-67 (Planned Development No. 67)
Zone are as follows:

A.     AUTHORITY: The PD-67 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-67 Zone is to permit and regulate the orderly
       development of the area as shown on Attachment “A” in accordance with the Brentwood
       General Plan for medium density residential, very high density residential and general
       commercial uses. The PD-67 Zone is divided into six (6) sub areas as shown on
       Attachment “A”.

C.     INTENT: The PD-67 Zone is intended to provide a distinguished neighborhood of
       single-family homes arranged in an efficient “pod” configuration, a 120-unit senior
       apartment complex, commercial areas for general commercial uses including
       restaurants, medical offices and retail uses, and recreational amenities and open space
       in conformance with the adopted General Plan.

17.524.002 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL
DEVELOPMENT STANDARDS FOR SUB AREA “A” (GENERAL COMMERCIAL AREA)

A) PERMITTED USES FOR SUB AREA “A”

       1. Retail sales or rentals of new merchandise or service:
                a) Convenience retail uses such as a bakery, pastry shop, coffee shop, candy
                    store, newsstand, ice cream parlor, etc.
                b) Clothing stores and sporting goods stores
                c) Pharmacies and drug stores
                d) Grocery stores and delicatessens
                e) Hardware stores
                f) Stores that sell alcoholic beverages for off-premises consumption as an
                    ancillary use
                g) Bookstores and video stores
                h) Florist
                i) Stationary stores and gift shops
                j) Printing and copying stores
                k) Office supply stores
       2. Sales of personal or financial services such as:
                a) Barber shops, beauty salons and spas
                b) Banks and savings and loans, ATM’s and other financial institutions
                c) Clothes cleaning, laundry pickup stations, launderettes, pressing shops and
                    shoe repair facilities
       3. Nurseries and pre-schools
       4. Studios and instructional facilities, such as dance studios, music studios, or similar
          establishments
       5. Public and quasi public uses, such as government offices, libraries, post offices,
          employment offices, utility offices, and similar uses
       6. Professional and business offices including medical offices
     7. Veterinary clinics
     8. Hotels and motels
     9. Health and fitness centers
     10. Parks, playgrounds, and recreational trails
     11. Temporary uses related to the primary use and subject to obtaining a Temporary
         Use Permit pursuant to Chapter 17.850
     12. Finished product assembly such as computer assembly, bookbinding and garment
         manufacture
     13. Commercial or retail uses that may or may not manufacture their primary product on
         the premises such as drapery shops, upholstery shops, carpet sales, spa sales,
         satellite dish sales and furniture sales provided that there is no outdoor storage
     14. Similar uses subject to the approval of the Community Development Director

B) CONDITIONALLY PERMITTED USES FOR SUB AREA “A”

     1. Retail stores that sell alcoholic beverages for on or off-premises consumption as a
        primary use
     2. Restaurants, including those which sell or serve alcoholic beverages, and provide
        outdoor use of designated seating areas
     3. Drive-thru facilities
     4. Temporary and interim uses: the following uses may be temporarily permitted, upon
        approval of a CUP, with the individual CUP establishing the timeframe:
                  a) Nursery
                  b) Produce market
                  c) Auction gallery
                  d) Flea market
                  e) Craft and art fairs
     5. Churches and religious institutions and parochial or private schools.
     6. Other similar uses as determined by the Community Development Director

C) GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “A”

     1. Minimum Lot Area: One acre, except that a master planned development may
        be subdivided into parcels having a minimum lot area of ten thousand (10,000)
        square feet
     2. Minimum Lot Width: 100 feet
     3. Minimum Lot Depth: 100 feet
     4. Maximum Building Height: Two stories, not to exceed thirty feet
     5. Building Setbacks:
                 a) Balfour Road: thirty feet from back of curb (includes ROW and
                     Landscape Easement)
                 b) Balfour Way: twenty-five feet to ROW (Landscape Easement)
                 c) John Muir Parkway: ten feet to ROW
                 d) Interior property lines: ten feet on each property and clear of utility
                     easements
     6. General Development Design and Site Development Review Requirements
        Development within Sub Area “A” shall be subject to Design and Site Development
        Review pursuant to Chapter 17.820, other applicable criteria established by the City
        through policy or resolution, and the Architectural Design Guidelines prepared for the
        Cox Property. Generally,
         “In order to create a strong, memorable and appropriate architectural theme, a
         preferred architectural vocabulary has been established to guide commercial
         developers and neighborhood builders and their architects for the Cox Property.

         This theme is derived from traditional Tuscan building forms and materials (and
         contemporized through the addition of metal canopies, strong geometric detailing,
         offset wall plans, and varied building coloration). Strong correlation between exterior
         facades and sidewalk surfaces and planting is integral to the success of the design
         theme.

         Individual Tenants' buildings are encouraged to use originality and creativity in
         interpreting the preferred vocabulary and criteria in these guidelines. The intent is
         not to create mirror image buildings. However, buildings shall be compatible in
         massing, form, color, and materials to achieve a sense of architectural continuity.

         In all cases, these guidelines stress the importance of visually identifying and
         unifying the community, as well as providing reinforcement for positive historic
         characteristics.”

17.524.003 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL
DEVELOPMENT STANDARDS FOR SUB AREA “B” (GENERAL COMMERCIAL AREA)

  A) PERMITTED USES FOR SUB AREA “B”
     1. Retail sales or rentals of new merchandise or service:
              a) Convenience retail uses such as a bakery, pastry shop, coffee shop, candy
                  store, newsstand, ice cream parlor, etc.
              b) Clothing stores and sporting goods stores
              c) Pharmacies and drug stores
              d) Grocery stores and delicatessens
              e) Hardware stores
              f) Stores that sell alcoholic beverages for off-premises consumption as an
                  ancillary use
              g) Bookstores and video stores
              h) Florist
              i) Stationary stores and gift shops
              j) Printing and copying stores
              k) Office supply stores
     2. Sales of personal or financial services such as:
              a) Barber shops, beauty salons and spas
              b) Banks and savings and loans, ATM’s and other financial institutions
              c) Clothes cleaning, laundry pickup stations, launderettes, pressing shops and
                  shoe repair facilities
     3. Nurseries and pre-schools
     4. Studios and instructional facilities, such as dance studios, music studios, or similar
        establishments
     5. Public and quasi public uses, such as government offices, libraries, post offices,
        employment offices, utility offices and similar uses
     6. Professional and business offices, including medical offices
     7. Veterinary clinics
     8. Hotels and motels
     9. Health and fitness centers
  10. Parks, playgrounds and recreational trails
  11. Temporary uses related to the primary use and subject to obtaining a Temporary
      Use Permit pursuant to Chapter 17.850
  12. Finished product assembly such as computer assembly, bookbinding and garment
      manufacture
  13. Commercial or retail uses that may or may not manufacture their primary product on
      the premises such as drapery shops, upholstery shops, carpet sales, spa sales,
      satellite dish sales and furniture sales provided that there is no outdoor storage
  14. Similar uses subject to the approval of the Community Development Director

B) CONDITIONALLY PERMITTED USES FOR SUB AREA “B”

  1. Restaurants, including those which sell or serve alcoholic beverages, and provide
     outdoor use of designated seating areas
  2. Retail stores that sell alcoholic beverages for on or off-premises consumption as a
     primary use
  3. Drive-thru facilities
  4. Car washes, tire shops, new or used car sales, and vehicular repair
  5. Outdoor sales or display
  6. Temporary and interim uses: the following uses may be temporarily permitted, upon
     approval of a CUP, with the individual CUP establishing the timeframe:
               a) Nursery
               b) Produce market
               c) Auction gallery
               d) Flea market
               e) Craft and art fairs
  7. Churches and religious institutions and parochial or private schools
  8. Other similar uses as determined by the Community Development Director

C) GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “B”

  1. Minimum Lot Area: One acre, except that a master planned development may
     be subdivided into parcels having a minimum lot area of ten thousand (10,000)
     square feet
  2. Minimum Lot Width: 100 feet
  3. Minimum Lot Depth: 100 feet
  4. Maximum Building Height: Two stories, not to exceed thirty feet
  5. Building Setbacks:
                a) Balfour Road: thirty feet from back of curb (includes ROW and
                    Landscape Easement)
                b) Balfour Way: twenty-five feet to ROW (Landscape Easement)
                c) Interior property lines: ten feet on each property and clear of
                    utility easements
  6. General Development Design and Site Development Review Requirements
     Development within Sub Area “B” shall be subject to Design and Site
     Development Review pursuant to Chapter 17.820, other applicable criteria
     established by the City through policy or resolution, and the Architectural
     Design Guidelines prepared for the Cox Property. Generally,
        “In order to create a strong, memorable and appropriate architectural theme, a
        preferred architectural vocabulary has been established to guide commercial
        developers and neighborhood builders and their architects for the Cox Property.

        This theme is derived from traditional Tuscan building forms and materials (and
        contemporized through the addition of metal canopies, strong geometric detailing,
        offset wall plans, and varied building coloration). Strong correlation between exterior
        facades and sidewalk surfaces and planting is integral to the success of the design
        theme.

        Individual Tenants' buildings are encouraged to use originality and creativity in
        interpreting the preferred vocabulary and criteria in these guidelines. The intent is
        not to create mirror image buildings. However, buildings shall be compatible in
        massing, form, color, and materials to achieve a sense of architectural continuity.

        In all cases, these guidelines stress the importance of visually identifying and
        unifying the community, as well as providing reinforcement for positive historic
        characteristics.”

17.524.004 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL
DEVELOPMENT STANDARDS FOR SUB AREA “C” (GENERAL COMMERCIAL AREA)

  A) PERMITTED USES FOR SUB AREA “C”

     1. Retail sales or rentals of new merchandise or service:
              a) Convenience retail uses such as a bakery, pastry shop, coffee shop, candy
                  store, newsstand, ice cream parlor, etc.
              b) Clothing stores and sporting goods stores
              c) Pharmacies and drug stores
              d) Grocery stores and delicatessens
              e) Hardware stores
              f) Stores that sell alcoholic beverages for off-premises consumption as an
                  ancillary use
              g) Bookstores and video stores
              h) Florist
              i) Stationary stores and gift shops
              j) Printing and copying stores
              k) Office supply stores
     2. Sales of personal or financial services such as:
              a) Barber shops, beauty salons and spas
              b) Banks and savings and loans, ATM’s and other financial institutions
              c) Clothes cleaning, laundry pickup stations, launderettes, pressing shops and
                  shoe repair facilities
     3. Nurseries and pre-schools
     4. Studios and instructional facilities, such as dance studios, music studios, or similar
        establishments
     5. Public and quasi public uses, such as government offices, libraries, post offices,
        employment offices, utility offices and similar uses
     6. Professional and business offices, including medical offices
     7. Veterinary clinics
     8. Hotels and motels
  9. Health and fitness centers
  10. Parks, playgrounds and recreational trails
  11. Temporary uses related to the primary use and subject to obtaining a Temporary
      Use Permit pursuant to Chapter 17.850
  12. Finished product assembly such as computer assembly, bookbinding and garment
      manufacture
  13. Commercial or retail uses that may or may not manufacture their primary product on
      the premises such as drapery shops, upholstery shops, carpet sales, spa sales,
      satellite dish sales and furniture sales provided that there is no outdoor storage
  14. Similar uses subject to the approval of the Community Development Director

B) CONDITIONALLY PERMITTED USES FOR SUB AREA “C”

  1. Gas stations
  2. Retail stores that sell alcoholic beverages for on or off-premises consumption as a
     primary use
  3. Restaurants, including those which sell or serve alcoholic beverages, and provide
     outdoor use of designated seating areas
  4. Drive-thru facilities
  5. Car washes, tire shops, new or used car sales and vehicular repair
  6. Outdoor sales or display
  7. Temporary and interim uses: the following uses may be temporarily permitted, upon
     approval of a CUP, with the individual CUP establishing the timeframe:
               a) Nursery
               b) Produce market
               c) Auction gallery
               d) Flea market
               e) Craft and art fairs
  8. Churches and religious institutions and parochial or private schools
  9. Other similar uses as determined by the Community Development Director

C) GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “C”

  1. Minimum Lot Area: One acre, except that a master planned development may
     be subdivided into parcels having a minimum lot area of ten thousand (10,000)
     square feet
  2. Minimum Lot Width: 100 feet
  3. Minimum Lot Depth: 100 feet
  4. Maximum Building Height: Two stories, not to exceed thirty-five feet
  5. Building Setbacks:
             a) Balfour Road: thirty feet from back of curb (includes ROW and
                Landscape Easement)
             b) State Route 4 Bypass: ten feet to ROW and clear of utility
                easements
             c) Interior property lines: ten feet on each property and clear of utility
                easements
  6. General Development Design and Site Development Review Requirements
     Development within Sub Area “C” shall be subject to Design and Site
     Development Review pursuant to Chapter 17.820, other applicable criteria
     established by the City through policy or resolution, and the Architectural
     Design Guidelines prepared for the Cox Property. Generally,
        “In order to create a strong, memorable and appropriate architectural theme, a
        preferred architectural vocabulary has been established to guide commercial
        developers and neighborhood builders and their architects for the Cox Property.

        This theme is derived from traditional Tuscan building forms and materials (and
        contemporized through the addition of metal canopies, strong geometric detailing,
        offset wall plans, and varied building coloration). Strong correlation between exterior
        facades and sidewalk surfaces and planting is integral to the success of the design
        theme.

        Individual Tenants' buildings are encouraged to use originality and creativity in
        interpreting the preferred vocabulary and criteria in these guidelines. The intent is
        not to create mirror image buildings. However, buildings shall be compatible in
        massing, form, color, and materials to achieve a sense of architectural continuity.

        In all cases, these guidelines stress the importance of visually identifying and
        unifying the community, as well as providing reinforcement for positive historic
        characteristics.”

17.524.005 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL
DEVELOPMENT STANDARDS FOR SUB AREA “D” (GENERAL COMMERCIAL AREA)

  A) PERMITTED USES FOR SUB AREA “D”

     1. Medical facilities, including medical offices, hospitals, inpatient and outpatient
        medical care, birthing facilities, dialysis units, medical and dental laboratories,
        medical schools and teaching facilities
     2. Other similar uses as determined by the Community Development Director
     3. Retail sales or rentals of new merchandise or service:
                  a) Convenience retail uses such as a bakery, pastry shop, coffee shop,
                      candy store, newsstand, ice cream parlor, etc.
                  b) Clothing stores and sporting goods stores
                  c) Pharmacies and drug stores
                  d) Grocery stores and delicatessens
                  e) Hardware stores
                  f) Stores that sell alcoholic beverages for off-premises consumption as an
                      ancillary use
                  g) Bookstores and video stores
                  h) Florist
                  i) Stationary stores and gift shops
                  j) Printing and copying stores
                  k) Office supply stores
     4.   Sales of personal or financial services such as:
                  a) Barber shops, beauty salons and spas
                  b) Banks and savings and loans, ATM’s and other financial institutions
                  c) Clothes cleaning, laundry pickup stations, launderettes, pressing shops
                      and shoe repair facilities
     5.   Nurseries and pre-schools
     6.   Studios and instructional facilities, such as dance studios, music studios or similar
          establishments
  7.    Public and quasi public uses, such as government offices, libraries, post offices,
        employment offices, utility offices and similar uses
  8.    Professional and business offices, including medical offices
  9.    Veterinary clinics
  10.   Hotels and motels
  11.   Health and fitness centers
  12.   Parks, playgrounds and recreational trails
  13.   Temporary uses related to the primary use and subject to obtaining a Temporary
        Use Permit pursuant to Chapter 17.850
  14.   Finished product assembly such as computer assembly, bookbinding and garment
        manufacture
  15.   Commercial or retail uses that may or may not manufacture their primary product
        on the premises such as drapery shops, upholstery shops, carpet sales, spa sales,
        satellite dish sales and furniture sales provided that there is no outdoor storage
  16.   Similar uses subject to the approval of the Community Development Director

B) CONDITIONALLY PERMITTED USES FOR SUB AREA “D”

  1. Retail stores that sell alcoholic beverages for on or off-premises consumption as a
     primary use
  2. Restaurants, including those which sell or serve alcoholic beverages, and provide
     outdoor use of designated seating areas;
  3. Drive-thru facilities
  4. Outdoor sales or display
  5. Temporary and interim uses: the following uses may be temporarily permitted, upon
     approval of a CUP, with the individual CUP establishing the timeframe:
               a) Nursery
               b) Produce market
               c) Auction gallery
               d) Flea market
               e) Craft and art fairs
  6. Churches and religious institutions and parochial or private schools
  7. Other similar uses as determined by the Community Development Director

C) GENERAL DEVELOPMENT STANDARDS FOR SUB AREA “D”

  1. Minimum Lot Area: One acre, except that a master planned development may
     be subdivided into parcels having a minimum lot area of ten thousand (10,000)
     square feet
  2. Minimum Lot Width: 100 feet
  3. Minimum Lot Depth: 100 feet
  4. Maximum Building Height: Three stories, not to exceed forty feet. Selected
     building elements such as towers may project to a maximum building height of
     forty-five feet.
  5. Building Setbacks:
                a) Balfour Way: twenty-five feet to ROW (Landscape Easement)
                b) State Route 4 Bypass: ten feet to ROW and clear of utility
                    easements
                c) Interior property lines: ten feet on each property and clear of utility
                    easements.
     6. General Development Design and Site Development Review Requirements
        Development within Sub Area “D” shall be subject to Design and Site
        Development Review pursuant to Chapter 17.820, other applicable criteria
        established by the City through policy or resolution, and the Architectural
        Design Guidelines prepared for the Cox Property. Generally,

        “In order to create a strong, memorable and appropriate architectural theme, a
        preferred architectural vocabulary has been established to guide commercial
        developers and neighborhood builders and their architects for the Cox Property.

        This theme is derived from traditional Tuscan building forms and materials (and
        contemporized through the addition of metal canopies, strong geometric detailing,
        offset wall plans, and varied building coloration). Strong correlation between exterior
        facades and sidewalk surfaces and planting is integral to the success of the design
        theme.

        Individual Tenants' buildings are encouraged to use originality and creativity in
        interpreting the preferred vocabulary and criteria in these guidelines. The intent is
        not to create mirror image buildings. However, buildings shall be compatible in
        massing, form, color, and materials to achieve a sense of architectural continuity.

        In all cases, these guidelines stress the importance of visually identifying and
        unifying the community, as well as providing reinforcement for positive historic
        characteristics.”

17.524.006 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL
DEVELOPMENT STANDARDS FOR SUB AREA “E” (VERY HIGH DENSITY RESIDENTIAL
AREA)

     A) PERMITTED USES IN SUB AREA “E”

        1. Multi-family age-restricted (55 years and older) dwelling units in a complex form
        2. Convalescent hospitals, large residential care facilities (including residential,
            congregate residential and convalescent care) and facilities for the care of the
            sick or elderly
        3. Accessory facilities or buildings related to the primary use subject to Chapter
            17.660
        4. Temporary uses related to the primary use and subject to obtaining a Temporary
            Use Permit pursuant to Chapter 17.850
        5. Home Occupations, subject to obtaining a Home Occupation Permit pursuant to
            Chapter 17.840
        6. The keeping of domestic animals or pets subject to Chapter 17.670
        7. Model homes sales facilities, subject to a Temporary Use Permit
        8. Swimming and related facilities serving apartment residents, including pools and
            pool equipment, shade structures, restrooms, shower areas, changing areas,
            aquatic apparatus, meeting rooms, facility staff offices, snack bars, cafés or
            staffed food-service enterprise and vending machines
        9. Those uses which are permitted uses within the R-3 Zone
        10. Similar uses subject to the approval of the Community Development Director
B) CONDITIONALLY PERMITTED USES IN SUB AREA “E”

  1. Those uses which are conditionally permitted in the R-3 Zone
  2. Privately or publicly sponsored recreational events or ongoing activities involving
     fifty or more guests from outside the development including, but not limited to,
     swim meets, swim lessons, swim practices, lap swimming and social gatherings
  3. Churches and religious institutions and parochial or private schools
  4. Other similar uses as determined by the Community Development Director

C) GENERAL DEVELOPMENT STANDARDS IN SUB AREA “E”

  1.   Minimum Lot Area: 10,000 (ten thousand) square feet
  2.   Minimum Lot Width: 100 feet
  3.   Minimum Lot Depth: 100 feet
  4.   Maximum Building Height: Three stories, not to exceed forty-five feet.
       Selected building elements such as towers may project to a maximum
       height of fifty feet.
  5.   Building Setbacks:
           a) Balfour Way: twenty-five feet to ROW (Landscape Easement)
           b) State Route 4 Bypass: ten feet to ROW and clear of utility
               easements
           c) Interior property lines: ten feet on each property and clear of utility
               easements
  6.   Maximum Number of Units: 120
  7.   Off-street parking for multi-family age-restricted (55 years and older)
       dwelling units in a complex form shall be provided at the rate of one space
       for each unit. All other uses shall provide off-street parking in accordance
       with Chapter 17.620 of the Brentwood Municipal Code.
  8.   General Development Design and Site Development Review
       Requirements Development within Sub Area “E” shall be subject to Design
       and Site Development Review pursuant to Chapter 17.820, other
       applicable criteria established by the City through policy or resolution, and
       the Architectural Design Guidelines prepared for the Cox Property.
       Generally,

       “In order to create a strong, memorable and appropriate architectural theme, a
       preferred architectural vocabulary has been established to guide commercial
       developers and neighborhood builders and their architects for the Cox Property.

       The recommended residential architectural style is Tuscan, French, Spanish –
       Mediterranean. This vocabulary has its historical roots in the villas and villages
       of the inland French and Italian Mediterranean regions of Provence and Tuscany
       and has a palette of cut and rustic stone with hues of rose, buff and ochre,
       ornamental carved or cast stone, terra cotta colored roof tile, awning shutters,
       detailed iron work, and plants potted in terra cotta pots. Identifying features may
       consist of:
           • Walls are generally stucco, smooth and in earth tone colors
           • Roofs are typically ‘S’ and barrel tiles at low pitch’s
           • Doors and windows are generally recessed into thick walls
           • Accents include tile surround, metal railings, shutters and awnings
                •   Use of stone looking columns and window and door surrounds
                •   The use of trellis

             In all cases, these guidelines stress the importance of visually identifying and
             unifying the community, as well as providing reinforcement for positive historic
             characteristics.”

17.524.007 PERMITTED AND CONDITIONALLY PERMITTED USES AND GENERAL
DEVELOPMENT STANDARDS FOR SUB AREA “F” (MEDIUM DENSITY RESIDENTIAL
AREA)

     A) PERMITTED USES IN SUB AREA “F”

        1. Single-family detached dwelling units
        2. Accessory facilities or buildings related to the primary use subject to Chapter
           17.660
        3. Temporary uses related to the primary use and subject to obtaining a Temporary
           Use Permit pursuant to Chapter 17.850
        4. Home Occupations subject to obtaining a Home Occupation Permit pursuant to
           Chapter 17.840
        5. The keeping of domestic animals or pets subject to Chapter 17.670
        6. Parks, playgrounds and recreational trails
        7. Rooming and boarding subject to Chapter 17.650.003
        8. Model homes sales facilities, subject to approval of a Temporary Use Permit
        9. Secondary housing units in accordance with Chapter 17.100.005 of the
           Brentwood Municipal Code

     B) CONDITIONALLY PERMITTED USES IN SUB AREA “F”

        1. Those uses which are conditionally permitted in the R-2 Zone

     C) GENERAL DEVELOPMENT STANDARDS IN SUB AREA “F”

        1.  Minimum Lot Area: 3,000 square feet
        2.  Minimum Lot Width: 40 feet
        3.  Minimum Lot Depth: 40 feet
        4.  Minimum Lot Frontage: 40 feet, or 20 feet for lots on cul-de-sacs, knuckles or
            curvilinear streets at front property line and rear property lines for reverse pie
            shaped lots.
        5. Minimum Front Yard Setback: 20 feet for street facing garages, 8 feet for turned
            garages and living spaces and 8 feet for front porches measured to the front
            property line
        6. 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 5 feet
        7. Minimum Rear Yard Setback: 5 feet (Plan 1 and 2) and 15 feet (Plan 3 and 4 -
            excluding Breakfast Nook Popout)
        8. Maximum Building Height: Three stories, not to exceed thirty-five feet
        9. Maximum Lot Coverage: 50%
        10. Maximum Number of Units: 90
        11. Off-street parking shall be provided in accordance with Chapter 17.620 of the
            Brentwood Municipal Code
          12. No single-story plans are required
          13. General Development Design and Site Development Review Requirements
              Development within Sub Area “F” shall be subject to Design and Site
              Development Review pursuant to Chapter 17.820, other applicable criteria
              established by the City through policy or resolution, and the Architectural Design
              Guidelines prepared for the Cox Property. Generally,

              “In order to create a strong, memorable and appropriate architectural theme, a
              preferred architectural vocabulary has been established to guide commercial
              developers and neighborhood builders and their architects for the Cox Property.

              The recommended residential architectural style is Tuscan, French, Spanish –
              Mediterranean. This vocabulary has its historical roots in the villas and villages
              of the inland French and Italian Mediterranean regions of Provence and Tuscany
              and has a palette of cut and rustic stone with hues of rose, buff and ochre,
              ornamental carved or cast stone, terra cotta colored roof tile, awning shutters,
              detailed iron work, and plants potted in terra cotta pots. Identifying features may
              consist of:

                  •   Walls are generally stucco, smooth and in earth tone colors
                  •   Roofs are typically ‘S’ and barrel tiles at low pitch’s
                  •   Doors and windows are generally recessed into thick walls
                  •   Accents include tile surround, metal railings, shutters and awnings
                  •   Use of stone looking columns and window and door surrounds
                  •   The use of trellis

              In all cases, these guidelines stress the importance of visually identifying and
              unifying the community, as well as providing reinforcement for positive historic
              characteristics.”

17.524.008    OTHER REGULATIONS:

          1. Off-street parking, unless otherwise specifically addressed in this chapter, shall
             be provided pursuant to Chapter 17.620 and Section 17.100.004.H
          2. The parking and storage of boats, trailers and similar vehicles and equipment
             shall be subject to the provisions of Section 17.620.016
          3. Architectural features may project into any required yard pursuant to the
             provision of Chapter 17.660
          4. All signage shall be subject to the Master Sign Program approved for the Cox
             Property
          5. The development of the PD-67 Zone shall be substantially in accordance with the
             various approved plans for each sub area

Attachments
Subareas Map
Architectural Design Guidelines
                                      CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date:         October 26, 2004

Subject/Title:        Letter of Intent to Develop and Submit a Local Hazard Mitigation Plan.

Prepared by:          Engineering: J. Cowling

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Authorize the City Manager to sign and forward to the Governor’s Office of Emergency Services
(OES) a “Letter of Intent Notice - Enclosure 1” to develop and submit a Multi-Jurisdictional Local
Hazard Mitigation Plan (LHMP) for State review and FEMA approval.

PREVIOUS ACTION
N/A

BACKGROUND
Mitigation project funding for all California local governments (counties, cities, special districts
and other local government jurisdictions), is at risk due to the changes in federal, pre-disaster
mitigation planning requirements. These new requirements are in accordance with the Disaster
Mitigation Act of 2000. Accordingly, each local government jurisdiction is required to submit a
signed letter of intent to develop a LHMP in order to remain eligible to receive federal funding for
both pre-disaster and post-disaster mitigation project funding.

The Disaster Mitigation Act of 2000 (DMA 2000) (Public Law 106-390) amended the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (the Act) by repealing the previous
mitigation planning section (Section 409) and replacing it with Section 322. To implement the
DMA 2000 planning requirements, the Federal Emergency Management Agency (FEMA)
published Interim Final Rules (IFRs) in the Federal Register on February 26, 2002 and October
1, 2002. These IFRs established the mitigation planning requirements for local governments
and required that in order to remain eligible to receive federal funding for both pre-disaster and
post-disaster mitigation project funding, a local government must, by November 1, 2004, have a
FEMA approved LHMP written in accordance with Section 322 of the Act. Plans approved after
November 1, 2004, will restore eligibility.

Under the DMA 2000, local governments without an approved LHMP will not be eligible to
receive Hazard Mitigation Grant Program (HMGP) project grants for disasters declared after
November 1, 2004. Also affected by the November 1, 2004 date will be future mitigation project
funding awarded through the Flood Mitigation Assistance (FMA) program, the Pre-Disaster
Mitigation (PDM) grant programs, and the U.S. Small Business Administration's (SBA) low-
interest, pre-disaster, small business loan program. To further emphasize the type of funding
that is at risk after November 1, 2004, the “Letter of Intent Notice – Enclosure 2” is a listing by
county, of federal HMGP funds that have been awarded for mitigation project grants since 1989.

Since March 2003, OES has been providing information and holding LHMP development
workshops in order to provide guidance, resources and training to local governments.




K:\kdempsey\Staff Reports\2004\10-26-04\Jeff-Hazard Mitigation Plan\CC Staff Report LOI 10-26-04 Draft.doc
The Department of Homeland Security (DHS), through FEMA, has requested that OES assess
and report local government participation in California's LHMP program. The attached Letter of
Intent should be completed and faxed to the OES Hazard Mitigation Section, Hazard
Identification & Analysis Unit at (916) 845-8385 or (916) 845-8386 as soon as possible.

Please note that local governments choosing not to respond by the November 1, 2004 deadline
will be designated, in the report to DHS, as "non-participating" local governments.

The Association of Bay Area Governments (ABAG) has received a grant to put together a multi-
jurisdictional plan for the Hazard Mitigation Monitoring and will be performing the majority of the
legwork on behalf of participating local jurisdictions. The City of Brentwood is working with
ABAG to be included in this multi-jurisdictional plan.

FISCAL IMPACT
No cost to the City of Brentwood other than staff time associated with program coordination.

Attachments:
Letter of Intent Notice - Enclosure 1 and Enclosure 2




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             Letter of Intent Notice – Enclosure 1 for Cities/Special Districts/Other Jurisdictions


                                         Letter of Intent
                      (to develop a Local Hazard Mitigation Plan)
Name of City/Special District/Jurisdiction: City of Brentwood , County of
Contra Costa in the State of California.

[ ]    The above named City/Special District/Jurisdiction, does not intend to develop a
       Local Hazard Mitigation Plan (LHMP), at this time. [The jurisdiction understands that it
       will not be eligible to receive mitigation project funding after November 1, 2004.]

                                                    *****
[X]    The above named City/Special District/Jurisdiction intends to develop and
       submit for State review and FEMA approval, a LHMP, written in accordance with
       Section 322 of the Stafford Act, as indicated (Check One) below. (Please provide the
       name of the jurisdiction's LHMP contact person in the box provided below.)

[ ]    Single Jurisdiction LHMP or a [ X ] Multi-Jurisdictional LHMP. (If
       Multi-Jurisdictional; Name of LEAD Jurisdiction: The Association of Bay Area
       Governments.)

CONCERNING THE LHMP:

[X]    The above named City/Special District/Jurisdiction has begun development of a LHMP.

[ ]    The above named City/Special District/Jurisdiction will begin development of a LHMP
       by Date: _________________________.

                                              *****
[ ]    The above named City/Special District/Jurisdiction does not have enough information to
       complete this Letter of Intent. Please contact the person listed below to provide
       clarifications or additional information to this Jurisdiction.

Signed: _____________________________________________ Date: ___________________
             John E. Stevenson, City Manager


      Name of Local Contact Person: Bailey Grewal

      Title: City Engineer

      Telephone: (925) 516-5420

      E-mail address: bgrewal@ci.brentwood.ca.us


             Please complete the enclosed Letter of Intent ASAP.
  FAX to the OES Hazard Mitigation Section at (916) 845-8385 or 845-8386.
                                                  Page 1 of 1
                                CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: October 26, 2004

Subject/Title:       Approve a Resolution authorizing the execution of an Easement Deed to the
                     City of Antioch for Lone Tree Way and Heidorn Ranch per the “Streets
                     Cooperative Agreement”.

Prepared by:         Engineering: Marie Sullivan

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution authorizing the Mayor or City Manager and City Clerk or any of their
designees to execute an Easement Deed to the City of Antioch for Lone Tree Way and Heidorn
Ranch Road for maintenance of public roadways and public utilities in accordance with the
“Streets Cooperative Agreement” approved by City Council on September 25, 2001, and any
other such documents needed to comply with said agreement.

PREVIOUS ACTION
On November 10, 1998, City Council approved Resolution No. 98-196, that annexed the
northwest quadrant into the City of Brentwood.

On June 7, 2001, Arcadia Development submitted an application to the City of Brentwood
Planning Department for Development of the southeast corner of Lone Tree Way and Heidorn
Ranch Road (DR 01-30).

On September 25, 2001, City Council approved the “Streets Cooperative Agreement” between
the City of Antioch and the City of Brentwood regarding development of the southeast corner of
Lone Tree Way/Heidorn Ranch Road, and authorized the Mayor and City Attorney to sign the
document on behalf of the City.

BACKGROUND
The Donahue Schriber (formerly Arcadia Development) is completing the required
improvements to Heidorn Ranch Road and the improvements to Lone Tree Way were
previously completed as a part of the Segment 2 Bypass. The City of Brentwood needs to
execute an Easement Deed to the City of Antioch as the next step necessary in the above
agreement. The execution of this document will allow the City of Antioch to maintain the streets
from the back of the curb on the Brentwood side, maintain median landscaping and provide the
police services as spelled out under said agreement.

FISCAL IMPACT
The costs of signal maintenance discussed in the agreement will be paid by Arcadia
Development through the Landscaping and Lighting District covering the development.

The maintenance of the streets will be by the City of Antioch since they are within their
jurisdiction.

The maintenance of the median landscaping, parkway landscaping and street lighting costs will
be through the developer’s Landscaping and Lighting District.



K:\kdempsey\Staff Reports\2004\10-26-04\Marie-Antioch Easement\City of Antioch Easement Lone Tree and Heidorn.doc
Policing responsibilities will be by the City of Antioch since the streets are within their
jurisdiction.

The only cost to the City of Brentwood will be the cost of maintaining Brentwood’s wet utilities
(sewer and water) in the streets. Those costs are anticipated to be $56,166 per year and will
not be reimbursing the City of Antioch for this as we will be maintaining these facilities through
the Sewer and Water Enterprise accounts.

Attachments:
Resolution
Easement Deed




K:\kdempsey\Staff Reports\2004\10-26-04\Marie-Antioch Easement\City of Antioch Easement Lone Tree and Heidorn.doc
                                                RESOLUTION NO.

         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
         AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY CLERK OR ANY OF
         THEIR DESIGNEES TO EXECUTE AN EASEMENT DEED TO THE CITY OF
         ANTIOCH FOR LONE TREE WAY AND HEIDORN RANCH ROAD FOR
         MAINTENANCE OF PUBLIC ROADWAYS AND PUBLIC UTILITIES IN
         ACCORDANCE WITH THE “STREETS COOPERATIVE AGREEMENT” APPROVED
         BY CITY COUNCIL ON SEPTEMBER 25, 2001 AND ANY OTHER SUCH
         DOCUMENTS NEEDED TO COMPLY WITH SAID AGREEMENT.


      WHEREAS, on November 10, 1998, City Council approved Resolution No. 98-196, that
annexed the northwest quadrant into the City of Brentwood; and

       WHEREAS, on June 7, 2001, Arcadia Development submitted an application to the City
of Brentwood Planning Department for Development of the southeast corner of Lone Tree Way
and Heidorn Ranch Road (DR 01-30); and

       WHEREAS, on September 25, 2001, City Council approved the “Streets Cooperative
Agreement” between the City of Antioch and the City of Brentwood regarding development of
the southeast corner of Lone Tree Way/Heidorn Ranch Road, and authorize the Mayor and City
Attorney to sign the document on behalf of the City; and

        WHEREAS, an Easement Deed is necessary for the City of Antioch to comply with the
“Streets Cooperative Agreement” for Lone Tree Way and Heidorn Ranch Road, which was
approved by the City of Brentwood on September 25, 2001.

        NOW, THEREFORE BE IT RESOLVED, that the Mayor or the City Manager and City
Clerk or any of their designees are hereby authorized to execute an Easement Deed to the City
of Antioch for Lone Tree Way and Heidorn Ranch Road for maintenance of public roadways and
public utilities in accordance with the “Streets Cooperative Agreement” approved by City Council
on September 25, 2001 and any other such documents needed to comply with said agreement.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 26th day of October 2004 by the following vote:




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                              CITY COUNCIL AGENDA ITEM NO. 10



Meeting Date: October 26, 2004

Subject/Title:   Authorize the City Manager to sign an Agreement for Payment of Contract
                 Services with DeNova Homes and approve an Agreement for Contract
                 Services with Raney Planning & Management for preparation of an
                 Environmental Impact Report analyzing the proposed Barrington Project
                 located south of Sunset Road, west of Sellers Avenue and east of Connor Way
                 and Windsor Way

Prepared by:     Winston Rhodes, Senior Planner

Submitted by: Howard Sword, Economic Development Director



RECOMMENDATION
Approve both Agreements with DeNova Homes and Raney Planning & Management.

PREVIOUS ACTION
The City Council granted an allocation for 480 dwelling units to DeNova Homes for the
Barrington development on July 13, 2004.

BACKGROUND
DeNova Homes is preparing an application for development of the Barrington Project, a
residential planned community including an elementary school site, fire station, stormwater
detention basin, and three neighborhood parks located south of Sunset Road, west of Sellers
Avenue, and east of Connor Way and Windsor Way. Due to the size of the development
proposal and the inclusion of important public facilities as well as the project’s impact on State
Highway 4 an Environmental Impact Report (EIR) is needed as part of the review and approval
process to analyze and address potentially significant impacts resulting from the proposed
project.

To avoid potential conflicts of interest, the City procedure is to select a consultant (with the
applicant’s concurrence) specializing in EIR preparation. The City then enters into a contract
with the applicant, whereby they agree to pay the full consultant and City administrative costs
involved with the EIR. The City then contracts with the EIR consultant, who works for and
reports directly to City staff. The consultant’s work will be supervised by the Community
Development Department with assistance from other City departments and outside agencies as
needed. The consultant contract is a separate agreement.

ANALYSIS
In accordance with the first contract, DeNova Homes, will deposit funds to prepare the EIR. The
City will draw from the funds deposited by the applicant to pay the consultant, and the City’s fee
for administration of the EIR. The total EIR cost to the applicant is $156,200 that represents the
estimated costs for the EIR of $124,960, plus the 25% City administration fee of $31,240. The
contract with DeNova Homes provides for a 15% contingency in case of unforeseen additional
expenses. The applicant also is responsible for all other standard development application fees
not addressed by either of these agreements.

The Community Development Department received three proposals to prepare the EIR. Any of
the three are qualified to do the work. We have prior experience with all of the consultants.
Staff has reviewed all three proposals with the applicant. Based on price, the applicant wishes
to use Raney Planning & Management. Raney’s proposal is comprehensive and adheres to the
RFP that was sent to six consulting firms. Raney’s past work for the City has been well
executed and the firm’s staff has demonstrated a high level of competence and responsiveness
when analyzing prior development proposals in the City. Raney’s proposal, including the scope
of work, schedule and budget are exhibits to both Agreements. The consultant’s work will be
supervised by the Community Development Director or his designee.

FISCAL IMPACT
DeNova Homes will pay the full cost of the EIR and administrative fees upfront to the City prior
to contract initiation. The City will collect an administrative fee to supervise the consultant work
and process an EIR consistent with the California Environmental Quality Act requirements.

ATTACHMENTS

1.     Agreement For Payment of Contract Services With DeNova Homes
2.     Agreement For Professional Consultant Services With Raney Planning & Management
                AGREEMENT FOR PAYMENT OF CONTRACT SERVICES
                           WITH DENOVA HOMES FOR
           ENVIRONMENTAL IMPACT REPORT FOR THE BARRINGTON PROJECT

     AGREEMENT made this ___ day of                      , 2004, between the CITY OF
BRENTWOOD (“CITY”), a municipal corporation, and DENOVA HOMES ("APPLICANT").

           For the consideration hereby acknowledged, the CITY and APPLICANT agree as
follows:

        SECTION 1. PURPOSE OF AGREEMENT. The APPLICANT desires to proceed with an
Environmental Impact Report (EIR) as necessary pursuant to State law, to analyze and mitigate
any potentially significant environmental impacts arising out of the APPLICANT’S proposed
development project. CITY and APPLICANT agree to engage a consultant to prepare an EIR.
The CITY has selected Raney Planning & Management (“Consultant”) to prepare an EIR.
APPLICANT agrees to pay all costs for production and administration of subject EIR, in addition to
all other applicable CITY development, environmental and application fees.

      SECTION 2. SELECTION OF CONSULTANT. CITY and Consultant have separate
Agreement for Contract Services for the EIR, dated , 2004.

       SECTION 3. PAYMENT TERMS FOR APPLICANT. APPLICANT agrees to pay the
CITY all costs associated with preparation of the EIR, not to exceed $124,960, plus a 15%
contingency, without the APPLICANT’s written approval, plus the APPLICANT shall pay the
CITY’s 25% administration fee for the EIR of $31,240, plus 25% of any contingency funds used.
APPLICANT shall pay CITY at the rates and for the hours actually performed by the Consultant
in accordance with the rates set forth in Exhibit "A", attached hereto and made a part hereof.
Consultant will bill CITY every 30 days for work already performed. Upon execution of this
contract, APPLICANT shall deposit with the CITY the estimated EIR cost of $124,960, plus the
standard 25% cost for City Administration of the EIR ($31,240).

       SECTION 4. EIR SCOPE OF WORK. The Consultant shall perform any and all work
needed to complete the tasks outlined in the Consultant’s Proposal, attached as Exhibit “A” and
incorporated herein by reference, and which shall serve as the Scope of Work for the EIR for
the project, except as the Scope may be amended by mutual written agreement among the
APPLICANT, Community Development Director, and the Consultant’s authorized
representative.

         SECTION 5. TERMINATION. This Agreement may be terminated by either the CITY
or the APPLICANT following ten (10) days written notice of intention to terminate; thereafter, the
APPLICANT shall be liable to the CITY only for those fees and costs earned by Consultant to
the date of termination and which shall be substantiated by an itemized written statement
certified and submitted to CITY by the Consultant. The CITY's right of termination shall be in
addition to all other remedies available under law to the CITY. In any event, this Agreement
shall expire at the time the work is completed, but no later than January 1, 2006.

        SECTION 6. ADDITIONAL SERVICES. In addition to the ongoing services described
herein, the CITY, APPLICANT and Consultant may agree in writing during the terms of this
Agreement, that the Consultant shall perform additional services found to be necessary. Such
additional services shall not be undertaken by the Consultant until there is an Agreement
between the CITY and the APPLICANT as to the scope of the services and the cost to perform
said services and the CITY has received written authorization to proceed from the APPLICANT
and secured appropriate fee for such additional work, including City’s administrative costs.

       SECTION 7. OWNERSHIP OF INFORMATION. All reports, exhibits, data, materials,
or other work prepared by the Consultant in compliance with this Agreement shall become the
property of the CITY.

        SECTION 8. JURISDICTION. This Agreement shall be administered and interpreted
under the laws of the State of California. Jurisdiction of litigation arising from the Agreement
shall be in Contra Costa County. If any part of this Agreement is found in conflict with
applicable laws, such part
shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this
Agreement shall be in full force and effect.

        SECTION 9. ATTORNEY'S FEES. In the event either party to this Agreement brings
an action to enforce or interpret this Agreement, the prevailing party in such action shall be
entitled to reasonable attorney's fees, witness fees and legal costs. For purposes of this
provision, "prevailing party" shall include a party which dismisses an action for recovery
hereunder in exchange for payment of the sum allegedly due, performance of covenants
allegedly breached, or consideration substantially equal to the relief sought in the action or
proceeding.

Effective date of this Agreement shall the date first above written.

APPLICANT: DeNova Homes

By:
              (Authorized Signature)

Printed Name:
Title:
Address:
Phone:                          Fax:

CITY OF BRENTWOOD:

                                                              Dated:
John Stevenson, City Manager

ATTEST:

                                                              Dated:
Karen Diaz, CMC, City Clerk

APPROVED TO AS TO FORM:

                                                              Dated:
Dennis Beougher, City Attorney
              AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
                    WITH RANEY PLANNING & MANAGEMENT, INC
              FOR ENVIRONMENTAL IMPACT REPORT PREPARATION FOR
                  THE BARRINGTON PROJECT BY DENOVA HOMES

        This Agreement for Professional Consultant Services (“Agreement”), made and entered
into this ____ day of ______________, 2004, 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 Raney Planning & Management, Inc., with offices in West Sacramento,
California (hereinafter referred to as “CONSULTANT”).

RECITALS

       A. CITY desires certain professional consultant services hereinafter described.

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

       NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 – SCOPE OF SERVICES

        1.1     The scope of services to be performed by CONSULTANT under this Agreement
is for professional services on an as-needed basis for preparation of an Environmental Impact
Report and related services, as may be required by the CITY.

SECTION 2 – DUTIES OF CONSULTANT

        2.2     CONSULTANT shall be responsible for the professional quality, technical
accuracy and coordination of all work furnished by CONSULTANT under this Agreement.
CONSULTANT shall, without additional compensation, correct or revise any errors or
deficiencies in its work.

       2.3     CONSULTANT represents that it is qualified to furnish the services described
under this Agreement.

      2.4     CONSULTANT shall be responsible for employing or engaging all persons
necessary to perform the services of CONSULTANT.

       2.5     It is understood that Cindy Gnos will be the designated representative providing
services to the City and this designated representative shall not be replaced without the City’s
approval.

SECTION 3 – DUTIES OF CITY

        3.1   CITY shall provide pertinent information regarding its requirements for the
project.
       3.2    CITY shall examine documents submitted by CONSULTANT and shall render
decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of
CONSULTANT’S work.

SECTION 4 – TERM

      4.1    The services to be performed under this Agreement shall commence on
__________, 2004 and be completed by ____________ January 1, 2006.

SECTION 5 – PAYMENT

      5.1     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 at the rates and for the hours actually performed by the CONSULTANT in
accordance with the rates set forth in Exhibit “A” not to exceed $124,960.

SECTION 6 – TERMINATION

       6.1     Without limitation to such rights or remedies as CITY shall otherwise have by
law, CITY shall have the right to terminate this Agreement or suspend work on the project for
any reason upon ten (10) days’ written notice to CONSULTANT. CONSULTANT agrees to
cease all work under this Agreement upon receipt of said written notice.

        6.2     Upon termination and upon CITY’S payment of the amount required to be paid,
documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon
request without additional compensation. Upon termination or expiration of this Agreement, the
obligations of the parties shall cease, save and except from those provided under Sections 7, 8,
10, 11, 12, 14, 15, and 16.

SECTION 7 – OWNERSHIP OF DOCUMENTS

        7.1    All documents prepared by CONSULTANT in the performance of this Agreement,
although instruments of professional service, are and shall be the property of CITY, whether the
project for which they are made is executed or not. Use of the instruments of professional
service by City for other than the project, is at CITY’S sole risk without legal liability or exposure
to CONSULTANT.

SECTION 8 - CONFIDENTIALITY

       8.1    All reports and documents prepared by CONSULTANT in connection with the
performance of this Agreement are confidential until released by CITY to the public.
CONSULTANT shall not make any such documents or information available to any individual or
organization not employed by CONSULTANT or CITY without the written consent of CITY
before any such release.

SECTION 9 – INTEREST OF CONSULTANT

       9.1     CONSULTANT covenants that it presently has no interest, and shall not acquire
any interest, direct or indirect, financial or otherwise, which would conflict in any manner or
degree with the performance of the services under this Agreement.
SECTION 10 – CONSULTANT’S STATUS

       10.1 It is expressly agreed that in the performance of the professional services
required under this Agreement, CONSULTANT shall at all times be considered an independent
contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of
the work but not the means by which the result is accomplished. Nothing herein shall be
construed to make CONSULTANT an agent or employee of CITY while providing services
under this Agreement.

SECTION 11 – INDEMNITY

        11.1 CONSULTANT, in the performance of professional services, under this
Agreement shall indemnify, defend, and hold harmless CITY, its directors, officers, employees
and agents from any claim, loss, injury, damage, and expense and liability to the extent arising
out of the negligence, errors, omissions, or wrongful acts of CONSULTANT, its employees,
subcontractors, or agents. For other liability arising out of professional services, CONSULTANT
shall indemnify, defend, and hold harmless, CITY, its directors, officers, employees, and agents
from any loss, injury, damage, and expense and liability resulting from injury to or death of any
person and loss of or damage to property, or claim of such injury, death, loss or damage,
caused by an act or omission in the performance under this Agreement by CONSULTANT, its
employees, subcontractors, or agents, except for any loss, injury, or damage caused by the sole
negligence or willful misconduct by CITY.

SECTION 12 – INSURANCE

       12.1   The CONSULTANT shall provide and maintain:

              A.      Commercial General Liability Insurance, occurrence form, with a limit of
                      not less than $1,000,000.00 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.
              B.      Automobile Liability Insurance, occurrence form, with a limit of not less
                      than $500,000.00 each occurrence. Such insurance shall include
                      coverage for owned, hired, and non-owned automobiles.
              C.      Errors and omissions insurance in the minimum amount of $1,000,000.00
                      aggregate.
              D.      Workers Compensation in at least the minimum statutory limits.
              E.      General Provisions for all insurance. All insurance shall:
                      1.      Include 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.      Be primary with respect to any insurance or self-insurance
                              programs of CITY, its officers, employees, and volunteers.
                      3.      Be evidenced, prior to commencement of services, by properly
                              executed policy endorsements in addition to a certificate of
                              insurance.
                       4.     No changes in insurance may be made without the written
                              approval of the City Attorney's Office.

SECTION 13 - NONASSIGNABILITY

       13.1 Personal Services of Consultant: Both parities hereto recognize that this
Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned,
or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT

       14.1 It is mutually understood and agreed by and between the parties hereto that
CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be
done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and
perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the
work. The acceptance of CONSULTANT'S work by CITY does not operate as a release of
consultant from said obligation.

SECTION 15 - WAIVERS

        15.1 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. The subsequent
acceptance by either party of any fee or other money which may become due hereunder shall
not be deeded 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 16 - COSTS AND ATTORNEYS’ FEES

        16.1 Attorneys’ fees in an amount not exceeding $85.00 per hour per attorney, and in
total amount not exceeding $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 this Agreement. The
above $5,000.00 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 $5,000.00 for attorneys’ fees arising out of an action, or actions to enforce the provisions of
this Agreement.

SECTION 17 - NON-DISCRIMINATION

       17.1 CONSULTANT warrants that 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 18 - MEDIATION
       18.1 Should any dispute arise out of this Agreement, any party may request that it be
submitted to mediation. The parties shall meet in mediation within 30 days of a request. The
mediator shall be agreed to by the mediating parties; in the absence of an agreement, the
parties shall each submit one name from the mediators listed by either the American Arbitration
Association, the California State Board of Mediation and Conciliation, or other agreed-upon
service. The mediator shall be selected by a "blindfolded" process.

        18.2 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
meeting in 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 19 - ARBITRATION

        19.1 After mediation above, and upon agreement of the parties, any dispute or claim
arising out of or relating to this Agreement may be settled by arbitration in accordance with the
Construction Industry Rules of the American Arbitration Association, and judgment upon the
award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The
costs of arbitration shall be borne equally by the parties.

SECTION 20 - LITIGATION

       20.1 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 wrongdoing, CITY shall
compensate CONSULTANT for preparation for testimony, testimony, and travel at
CONSULTANT'S standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES

      21.1 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:        Raney Planning & Management, Inc.
                             1401 Halyard Drive, Suite 120
                             West Sacramento, CA 95691


SECTION 22 – AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT

        22.1 This Agreement represents the entire and integrated agreement between CITY
and CONSULTANT and supersedes all prior negotiations, representations, and agreements,
either written or oral.

      22.2 This Agreement may be amended only by written instrument, signed by both
CITY and CONSULTANT.
SECTION 23 – GOVERNING LAW

       23.1   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


                                                                ____        _____
John E. Stevenson, City Manager                    Raney Planning & Management


Date                                               Date


ATTEST:



Karen Diaz, CMC, City Clerk


Date


APPROVED AS TO FORM:



Dennis Beougher, City Attorney


Date
          RP&M
Raney Planning & Management, Inc. 

                                




                    Proposal
        to the City of Brentwood for the
 Preparation of an Environmental Impact Report




        BARRINGTON PROJECT

                                
                                




                      October 13, 2004




                        RP&M
            Raney Planning & Management, Inc.

    1401 Halyard Drive Suite 120 West Sacramento CA    95691
              Office: 916.372.6100 Fax: 916.372.6111
                     info@raneymanagement.com
PROPOSAL TO PREPARE AN
ENVIRONMENTAL IMPACT REPORT

Barrington Project


Submitted to:
City of Brentwood
Community Development Department
104 Oak Street
Brentwood, CA 94513

Submitted by:
Raney Planning & Management, Inc.
1401 Halyard Drive, Suite 120
West Sacramento, CA 95691
Office: (916) 372-6100
Fax: (916) 372-6111
info@raneymanagement.com

Contacts:
Tim Raney, AICP
President

Cindy Gnos, AICP
Division Manager




                   RP&M
         Raney Planning & Management, Inc.
TABLE OF CONTENTS


I. Project Overview and Approach             1

II. Technical Scope of Services              4

III. Firm Qualifications and the RP&M Team   17

IV. Schedule                                 21

V. Cost Proposal                             22

VI. References                               25

Appendix A: RP&M Resumes

Appendix B: Project History

Appendix C: Traffic Scope

Appendix D: Air Quality Scope

Appendix E: Noise Scope

Appendix F: Biology Scope

Appendix G: Cultural Resources Scope
I.         PROJECT OVERVIEW & APPROACH

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


PROJECT OVERVIEW

Project Location
The project site is located in the northeastern portion of the City of Brentwood immediately
outside the City’s Redevelopment Area and approximately 1,600 feet east of Brentwood
Boulevard/ Highway 4. The site is relatively flat and is located on prime soils that have been
historically farmed. Surrounding land uses include existing residential areas northwest of the
site; an East Bay Municipal Utility District (EBMUD) underground water pipeline (Mokelumne
Aqueduct); an approved industrial park and City Community Park north of the project site;
unincorporated active agricultural land east of the project site; a planned residential area south of
the site; an existing residential area southwest of the site, and a planned mixed use business park
west of the project site.

Project Description
The Barrington Project includes the development of 494 proposed single family residences,
construction of a 7.8-acre storm water detention basin, the future development of a new 1.1-acre
fire station facility, the development of three neighborhood parks totaling 9.4 acres and
recreation trails as well as the infrastructure improvements necessary to accommodate this new
residential neighborhood. Major transportation improvements include the eastern extension of
Sand Creek Road from Highway 4/Brentwood Boulevard to Sellers Avenue and northern
extension of Garin Parkway from the southern property boundary to Sunset Road.

The required entitlements for the project include:

       •   A Development Agreement
       •   An Amendment to the existing Planned Development (PD) – 46 Zone
       •   A tentative subdivision map; and
       •   Design review for the homes, detention basin, parks and trails, and fire station.




Raney Planning & Management, Inc.                                                                  1
APPROACH
RP&M proposes a project-level EIR that will provide a comprehensive analysis of the
anticipated environmental effects associated with buildout of the proposed project. Analysis in
the EIR will include assessment of the individual and cumulative environmental effects of the
Barrington Project. The Draft EIR, Final EIR, and related work products will be prepared in
accordance with the criteria, standards, and provisions of the California Environmental Quality
Act of 1970 (CEQA), Section 21000 et seq. of the Public Resources Code and the State CEQA
Guidelines (California Code of Regulations Section 15000 et seq.), and the regulations
requirements and procedures of the City of Brentwood.

RP&M understands that the primary environmental issues of concern for the Barrington Project
are Aesthetics, Agricultural Resources, Air Quality, Biological Resources, Cultural Resources,
Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use
and Planning, Mineral Resources, Noise, Population and Housing, Public Services and Utilities,
Recreation, and Transportation and Circulation. In order to fully address these environmental
issues of concern as they relate to the Barrington project site, RP&M has assembled a team of
technical experts. RP&M will utilize their extensive experience to professionally manage the
team of technical experts to ensure that all of the pertinent environmental issues are addressed
and that the technical reports are produced in an on-budget and on-schedule fashion.

Therefore, RP&M proposes to sub-contract with the following firms for the preparation of
technical studies to be used in the Barrington EIR:

       •   Don Ballanti, Air Quality Analysis
       •   Bollard & Brennan, Noise Analysis
       •   Hexagon Transportation Consultants, Inc., Transportation and Circulation
       •   Moore Biological Consultants, Biological Resources Assessment
       •   Holman & Associates, Cultural Resources Report

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

RP&M recognizes that individuals and groups may provide a high level of scrutiny during the
CEQA process for the proposed project. RP&M has extensive experience handling such
controversies. RP&M operates under a belief that some dissent and unrest regarding a new
project may potentially be eliminated by the early involvement of project stakeholders and
concerned citizens. By allowing agencies, organizations, and individuals to comment on the
project and participate throughout the processing of the project, RP&M is able to reduce the
amount of conflict by providing involvement. This early involvement also provides RP&M with
an idea of which issues will be of greatest concern to the public. By identifying these issues,
RP&M can scrutinize the environmental documents to be sure that those issues were adequately
addressed.


Raney Planning & Management, Inc.                                                             2
RP&M has a considerable amount of experience dealing with projects that generate a significant
amount of controversy. As you are aware, in the City of Brentwood, RP&M has experience
dealing with extensive comments from local unions on the Rose Garden development project by
Pulte Homes. RP&M prepared an Initial Study/Mitigated Negative Declaration for the 509-unit
residential project, and extensive comments on the Negative Declaration were received from
representatives of several local unions. RP&M prepared responses to the comments and the
Planning Commission and City Council approved the project; however, the union subsequently
circulated a referendum petition to qualify for the ballot. The City Council rescinded the
approvals and RP&M prepared a Draft EIR and Final EIR for the project.




Raney Planning & Management, Inc.                                                           3
II. TECHNICAL SCOPE OF SERVICES

The following scope of services has been prepared for the City of Brentwood by RP&M to
prepare the environmental impact report (EIR) for the Barrington Project. This scope of services
identifies each task in the preparation of the necessary documents and includes an objective,
approach, and work product associated with each task. It should be noted that the below list of
tasks is based upon the Request for Proposals (RFP) for the Barrington Project. However, RP&M
is available to provide additional services to the City regarding the Barrington EIR, such as the
preparation of Findings and Statement of Overriding Considerations.


TASKS 1.1-1.5: PROJECT INITIATION THROUGH INITIAL STUDY

Task 1.1       Project Initiation
Objective
The objective of this task is to conduct a start-up meeting with representatives from the City of
Brentwood and the project team to coordinate and confirm assumptions regarding the proposed
project and scope of the EIR, as well as obtaining information pertaining to the project site,
including the technical studies prepared by the applicant to date.

Approach
RP&M will obtain and review available data for the Project area, as well as policy
documentation from the City of Brentwood, Contra Costa County, LAFCO, California
Department of Fish and Game, U.S. Army Corps of Engineers, EBMUD, Brentwood Union
School District, and other agencies which may be affected by the proposed Project. The
documents to be reviewed will include the Brentwood General Plan and General Plan EIR. This
information will become part of the foundation of the Barrington EIR and will be reviewed and
incorporated into the analysis, as deemed appropriate.

Cindy Gnos, AICP and Division Manager of RP&M, will meet with City staff and the project
applicant for purposes of reviewing the refined scope of work for the environmental document,
providing RP&M with complete copies of all pertinent City documents and mapping, as well as
materials and technical studies developed by the applicant to date. The RP&M team will review
the project schedule and milestones as well as identify the role that each will play during the
effort. During this meeting, RP&M will also work with City staff to identify the cumulative
projects to be considered in the EIR, and the prospective description of Project alternatives.
RP&M would also recommend the traffic consultant attend this kick-off meeting to ensure the
assumptions to be used in the traffic analysis are valid.

Following a review of all materials and technical studies, RP&M will provide the City with a
technical memorandum of any additional material or information needed, as well as any peer
review that may be appropriate for the EIR. At this time, any necessary refinement to the scope
of work must be made.


Raney Planning & Management, Inc.                                                              4
        TASK 1.1 PRODUCTS
         • Project Initiation Meeting.
         • Memorandum of outstanding environmental and project-
           related data requirements.
         • Refined Scope of Work, Schedule, and Budget, as necessary.




Task 1.2       Project Description
Objective
The objective of this task is to prepare a draft project description in consultation with City staff
and the project sponsor.

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

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

The draft project description will be submitted to the City for review and comment. RP&M will
incorporate City modifications into the project description prior to incorporation into the
Barrington EIR.



        TASK 1.2 PRODUCTS
         • Draft of project description for the environmental document.




Task 1.3       Prepare Notice of Preparation
Objective
The objective of this task is to prepare and release to the public a Notice of Preparation for the
proposed project and conduct a scoping meeting during the 30-day NOP public review period.




Raney Planning & Management, Inc.                                                                 5
Approach
RP&M will prepare an Administrative Draft Notice of Preparation (NOP) for the Barrington
Project for approval by City staff prior to distribution to the State Clearinghouse and agencies.

Consistent with the requirements of CEQA, the NOP will include a description of the proposed
project, a map indicating the proposed project site, and general environmental effects anticipated
to be caused by the proposed project. RP&M will consult with City staff and the project team to
confirm the technical environmental issues to be addressed in the EIR. Upon approval of the
Draft NOP, RP&M will submit one reproducible copy and one digital copy of the finalized NOP
for City staff to publish, post, and distribute to all interested parties. RP&M will submit fifteen
(15) copies of the NOP to the State Office of Planning and Research (OPR) with a completed
Notice of Completion (NOC).

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



        TASK 1.3 PRODUCTS
         • One (1) copy of the Administrative Draft NOP.
         • One (1) reproducible copy of the finalized NOP and one
           electronic copy.
         • Fifteen (15) copies of the NOP with a NOC to OPR.
         • Attendance and facilitation of public scoping workshop.
         • Summary of the public comments at the workshop.



Task 1.4       Agency Consultation
Objective
The objective of this task is to consult public agencies involved in the Barrington project to try
and solve potential conflicts.



Raney Planning & Management, Inc.                                                                6
Approach
As indicated in Section 15083 of the State CEQA Guidelines, many public agencies have found
that early consultation solves many potential conflicts that could arise in more serious forms later
in the review process. RP&M will conduct discussions with local, state, and federal agencies, as
needed, to assist in the early stages of the analysis and issue delineation.



        TASK 1.4 PRODUCTS
         • Consultation with public agencies involved in the project.




Task 1.5       Prepare Initial Study
Objective
The objective of this task is to prepare an Initial Study based on the checklist contained in
Appendix G of the CEQA Guidelines and the standard City of Brentwood format.

Approach
RP&M will prepare an Initial Study to address the environmental effects of the proposed
Barrington project. The Initial Study will provide a discussion of the impacts related to
development of the proposed project and will be used to focus the content of the Draft EIR onto
those technical issues that may have significant impacts. A Draft Initial Study will be submitted
to the City for review. Once comments on the draft Initial Study have been received and
incorporated, a screencheck Initial Study will be submitted to the City for final review before
printing the Final Initial Study, which will be provided to the public as an appendix to the Draft
EIR.


        TASK 1.5 PRODUCTS
         • One (1) copy of the Administrative Draft Initial Study.
         • One (1) copy of the screencheck Initial Study.
         • One (1) reproducible copy and electronic file of the finalized
           Initial Study.



TASKS 2.1-2.2: PREPARE ADMINISTRATIVE DRAFT EIR & DRAFT EIR

Task 2.1       Prepare Administrative Draft EIR
Objective
The objective of this task is to prepare an accurate, thorough, and complete Administrative Draft
EIR for the proposed project.


Raney Planning & Management, Inc.                                                                 7
Approach
RP&M will prepare the Administrative Draft EIR in accordance with CEQA.                  The
Administrative Draft EIR will include all statutory sections required by CEQA, including the
project description, setting, assessment of environmental impacts, identification of required
mitigation measures for each of the environmental issues, and a complete list of the authors
responsible for the environmental analysis. The EIR will also conform to the City of
Brentwood’s preferred format.

The main purpose of the EIR will be to provide the public and decision-makers with a thorough,
legally defensible environmental analysis of the proposed project. The report will be accurate
and free of jargon so that the information it contains is readable and easy to use by the decision-
makers as well as the public. Comments on the Notice of Preparation will be reviewed and
incorporated, as appropriate. In addition to completing the Administrative Draft EIR, RP&M will
also investigate the need for other agency permits. The Administrative Draft EIR will be
reviewed with City staff and the project team for adequacy and accuracy.

The Barrington EIR will include the following sections:

T a sk 2 . 1 . 1   Introduction, Scope, and Summary of EIR

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

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

T a sk 2 . 1 . 2   Environmental Analysis

The environmental analysis for the proposed project will focus on aesthetics, agricultural
resources, air quality, biological resources, cultural resources, geology and soils (including
mineral resources), hazards and hazardous materials, hydrology and water quality, land use,
noise, population and housing, public services and utilities (including recreation), transportation
and circulation, project alternatives, and statutorily required sections. Some refinement to these
issues may be required based on the comments that will be received during the NOP scoping
process.

Information will be drawn from the City of Brentwood General Plan and the General Plan EIR as
well as any other information pertinent to the project area. In addition to these citywide
documents, RP&M will also review the technical studies prepared by the sub-consultants for air


Raney Planning & Management, Inc.                                                                8
quality, biological resources, cultural resources, noise, and traffic and circulation. RP&M, after
consultation with City staff, may substitute technical sub-consultants if the schedule and budget
cannot be met. RP&M proposes to include the following chapters in the Barrington EIR:

       a) Aesthetics
          The Aesthetics chapter of the EIR will summarize existing regional and project area
          aesthetics and visual setting. The chapter will describe project specific aesthetics
          issues regarding development of the proposed project such as scenic vistas, trees,
          historic buildings, scenic highways, existing visual character or quality of the site and
          its surrounding areas, as well as light and glare. This chapter of the EIR will include
          an analysis of the existing setting, identification of the thresholds of significance,
          identification of impacts, and the development of mitigation measures and monitoring
          strategies.

       b) Air Quality
          The Air Quality chapter for the EIR will summarize the regional air quality setting,
          including climate and topography, existing ambient air quality, regulatory setting, and
          presence of any sensitive receptors such as hospitals, convalescent homes, and
          schools near the project or roads providing access to the project site. The chapter will
          include a review of the proposed grading and construction plans and will
          subsequently identify potential nuisance impacts during the construction period for
          neighboring properties. Microscale modeling of carbon monoxide levels will also be
          conducted near major intersections that would be affected by project traffic using the
          CALINE-4 computer model and traffic information provided by the project
          transportation consultant. The chapter will also include the preparation of an analysis
          of regional changes in emissions due to vehicular travel from the project for an
          appropriate horizon year using the URBEMIS2002 computer program. The level of
          significance of impacts identified in the analyses will be determined using the
          thresholds of significance recommended by the Bay Area Air Quality Management
          District, and mitigation measures and monitoring strategies will be recommended for
          all impacts identified to be significant. This chapter will be based on the technical
          study being prepared by Donald Ballanti, Certified Consulting Meteorologist, under
          contract with RP&M (See Appendix D for a complete scope).

       c) Biological Resources
          This chapter of the EIR will summarize the setting and describe the potential effects
          to plant communities, wildlife, and wetlands including adverse effects on rare,
          endangered, candidate, sensitive, and special status species for the project site. This
          chapter will be based on a technical study to be supplied by the project applicant.
          RP&M assumes that the California Natural Diversity Database (CNDDB) will be
          reviewed and a site survey will be conducted to determine the likelihood of whether
          the project site has the potential to support special status plant and animal species.
          Furthermore, this chapter will include an analysis of the existing setting,
          identification of the thresholds of significance, identification of impacts, and the
          development of mitigation measures and monitoring strategies. Furthermore, RP&M
          has contracted with Moore Biological Consultants to conduct a peer review of the


Raney Planning & Management, Inc.                                                                9
        technical report being supplied by the applicant. (See Appendix F for a complete
        scope).

     d) Cultural Resources
        This chapter will summarize the setting and briefly describe the potential
        construction-related effects to historical, archaeological, and paleontological
        resources. This chapter will be based on a technical study to be supplied by the
        project applicant. RP&M assumes that the study will include a review of the
        Northwest Information Center located at Sonoma State University to determine
        whether any cultural resources have been recorded for the project site and a site
        reconnaissance to determine if any resources are located on-site. In addition, the
        technical study being prepared for the project site will provide recommendations to be
        used in the Cultural Resources chapter of the EIR, which will include an analysis of
        the existing setting, identification of the thresholds of significance, identification of
        impacts, and the development of mitigation measures and monitoring strategies.
        Furthermore, RP&M has contracted with Holman & Associates to conduct a peer
        review of the technical study being supplied by the project applicant (See Appendix
        G for a complete scope).

     e) Geology and Soils
        This chapter will summarize the setting and describe the potential effects from
        earthquakes, landslides and liquefaction as well as identify any unique geological
        features within the project site. This chapter of the EIR will include an analysis of the
        existing setting, identification of the thresholds of significance, identification of
        impacts, and the development of mitigation measures and monitoring strategies.
        RP&M anticipates that the applicant will provide a Geotechnical Investigation of the
        project site to assist in the preparation of the Geology and Soils chapter of the EIR.

     f) Hazards and Hazardous Materials
        This chapter of the EIR summarizes the setting and describes any potential of existing
        or possible hazardous materials on-site or as a result of the proposed project,
        including pesticides. This chapter of the EIR will include an analysis of the existing
        setting, identification of the thresholds of significance, identification of impacts, and
        the development of mitigation measures and monitoring strategies. RP&M
        anticipates that the applicant will provide a Phase 1 Environmental Site Assessment
        to assist in the preparation of the Hazards and Hazardous Materials chapter of the
        EIR. RP&M will review the Phase 1 to ensure adequacy for the preparation of the
        EIR, including addressing the existing wells. RP&M will call agencies such as
        County Environmental Health in order to confirm the adequacy of any mitigation
        measures.

     g) Hydrology and Water Quality
        This chapter will summarize setting information and identify potential impacts on
        irrigation drainage, storm water drainage, flooding, groundwater, seepage, and water
        quality. Consideration will include on-site as well as off-site infrastructure facilities.
        RP&M will consult with the appropriate City and other agencies in order to address


Raney Planning & Management, Inc.                                                              10
        the impacts. RP&M will also consult with the project engineer. The chapter will also
        include an analysis of the existing setting, identification of the thresholds of
        significance, identification of impacts, and the development of mitigation measures
        and monitoring strategies.

     h) Land Use/Agricultural Resources
        The Land Use/Agricultural Resources chapter will evaluate the consistency of the
        proposed project with the City of Brentwood’s adopted plans and policies. RP&M
        will review the City’s General Plan and Zoning Ordinance, as well as any other
        appropriate documents, to address consistency issues. The chapter will further assess
        the compatibility of the proposed project with the surrounding land uses, both
        existing and proposed. RP&M assumes that the land use chapter will not identify land
        use impacts and mitigation measures, but will instead note any inconsistencies or
        incompatibilities with adopted plans and policies created by the approval of the
        proposed project. This chapter of the EIR will also summarize the status of the
        existing agricultural resources of the site and in the areas surrounding the City of
        Brentwood, using the current state model and data, including identification of any
        prime/unique farmland or farmland of Statewide Importance on the project site. Any
        conflicts with existing zoning for agricultural use, Williamson Act, or right to farm
        ordinances applicable to the project site will also be identified. The analysis will
        further include a discussion regarding conversion of farmland to non-agricultural
        uses. Following the setting discussion, the chapter will identify thresholds of
        significance applicable to the proposed project including the loss of prime farmland.
        The impacts will be measured against the thresholds of significance and appropriate
        mitigation measures and monitoring strategies will be identified which are consistent
        with the policies of the City of Brentwood and General Plan.

      i) Noise
         The Noise chapter for the EIR will include an analysis of the existing setting,
         identification of thresholds of significance, identification of impacts, and the
         development of mitigation measures and monitoring strategies. The chapter will be
         based on the acoustical assessment prepared by Bollard and Brennan under contract
         with RP&M (See Appendix E for a complete scope). The chapter will summarize
         regional and local noise setting information, identify relevant regulatory setting
         information, identify changes in ambient noise characteristics and the effects on
         sensitive receptors and potential effect of existing noise source generators.

     j) Population and Housing
        The Population, Housing, and Employment chapter of the EIR will summarize
        regional and local information and data available through the Association of Bay
        Area Governments. The chapter will identify potential changes as a result of the
        proposed project. This chapter of the EIR will include an analysis of the existing
        setting, identification of the thresholds of significance, identification of impacts, and
        the development of mitigation measures and monitoring strategies.




Raney Planning & Management, Inc.                                                             11
       k) Public Services and Utilities
          This chapter will summarize setting information and identify potential new demand
          for services on water supply, storm water drainage, sewage systems, solid waste
          disposal, roads, law enforcement, fire protection, schools, libraries, and parks and
          recreation. RP&M will consult with the appropriate City and other agencies in order
          to address public services and utilities and obtain the most recent information. This
          chapter will include an analysis of the existing setting, identification of the thresholds
          of significance, identification of impacts, and the development of mitigation measures
          and monitoring strategies.

       l) Transportation and Circulation
          The Transportation and Circulation chapter will be based on a traffic study prepared
          by Hexagon Transportation Consultants, Inc. under contract with RP&M (See
          Appendix C for a complete scope). The Traffic Study will include an analysis of 16
          study intersections, including the existing and projected levels of service (LOS) and
          signal warrant analysis. The traffic chapter will describe existing traffic conditions,
          existing plus project traffic conditions (near-term), and cumulative traffic conditions
          (including with and without the proposed project). Furthermore, the various
          “conditions” will be analyzed with and without the extension of Havenwood Avenue
          in the project vicinity, resulting in a total of eight “conditions” analyses. The chapter
          will also include standards of significance and methods of analysis, and will describe
          the impacts associated with the traffic and will propose mitigation to reduce the level
          of impacts. The traffic chapter will summarize the existing and planned regional and
          local transportation network as well as existing and future traffic conditions. The
          chapter will identify traffic loads and capacity of street systems including level of
          service standards for critical street segments and intersections. In addition, a detailed
          site circulation and access review will be conducted to determine the adequacy of the
          proposed site plan in accordance with generally accepted traffic engineering
          standards. Emergency access, transit, pedestrian, and bicycle facilities will also be
          discussed and analyzed to ensure adequate of the proposed facilities based upon
          existing City of Brentwood plans.

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




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RP&M assumes that the reports prepared by the applicant will be suitable for use in the
preparation of the EIR. Should questions or the need for additional information arise, RP&M
assumes that the preparers of the reports can be contacted directly.

T a sk 2 . 1 . 3    Statutorily Required Sections

This chapter of the EIR will evaluate potentially significant, unavoidable, significant irreversible,
growth-inducing, and cumulative impacts. This chapter will summarize the cumulative impacts
that will be contained in each technical section and will be qualitative in nature. As mentioned
previously, RP&M will coordinate with City staff and the project team to determine the approach
to the cumulative analysis.

T a sk 2 . 1 . 4    Alternatives Analysis

The EIR will include an Alternatives section. Consistent with the RFP for the Barrington project,
the alternatives chapter of the Draft EIR will evaluate at a minimum three alternatives: the No
Project Alternative, Low Density Alternative, and the High Density Alternative. Any additional
alternatives shall be developed in consultation with the City of Brentwood staff during the
Administrative Draft EIR preparation period to respond to identified significant impacts. The
Alternatives chapter will describe the alternatives and identify the environmentally superior
alternative. The alternatives will be analyzed at a level of detail less than that of the proposed
project; however, the analyses will include sufficient detail to allow a comparison of the impacts.


           TASK 2.1 PRODUCTS
            • Fifteen (15) bound hard copies of the Administrative Draft EIR,
              one (1) unbound hard copy, and one (1) electronic copy to
              City of Brentwood staff.



Task 2.2           Prepare Draft EIR
Objective
The objective of this task is to edit the Administrative Draft EIR based on the comments received
on the Administrative Draft and to distribute and process the Draft EIR.

Approach
After City staff has reviewed the Administrative Draft EIR, RP&M will attend one working
meeting with the City staff as necessary to discuss City comments on the Administrative Draft
EIR.

RP&M will respond to one consolidated set of City comments on the Administrative Draft EIR
and incorporate City comments in the form of a Screencheck Draft EIR. If desired, RP&M will
provide the comments in a “strike-through – underline” format to assist with the final check of
the document.


Raney Planning & Management, Inc.                                                                 13
RP&M will respond to additional comments from the City on the Screencheck Draft EIR
(anticipated to only require editorial or other “non-substantive” changes) and will prepare the
document for the required 45-day public review period. RP&M assumes that the City will
distribute the Draft EIR in accordance with CEQA requirements.

RP&M will submit fifteen (15) copies of the Draft EIR and a copy of the Notice of Completion
to the State Clearinghouse. RP&M will also attend a public hearing to receive public comments
on the Draft EIR, if one is requested by the City.


        TASK 2.2 PRODUCTS
         • One (1) meeting with City staff as necessary to discuss
           comments on the ADEIR.
         • One (1) copy of the Screencheck DEIR for City review.
         • Fifty (50) bound hard copies, one (1) unbound hard copy,
           and up to 50 CD copies of the Draft EIR.
         • Fifteen (15) copies of the DEIR and copy of Notice of
           Completion delivered to the State Clearinghouse.
         • Attendance at a public hearing to receive comments on the
           DEIR, if necessary.



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

Approach
To comply with Public Resources Code Section 21081.6, RP&M will prepare a mitigation
monitoring plan (MMP) for adoption by the City of Brentwood. The MMP will incorporate
standard monitoring mechanisms in order to assist the City of Brentwood and the project team in
meeting the intent of CEQA. The MMP will include a brief project description and project
location map. The MMP will be in table format, and will specify mitigation measures, standards
of success, parties responsible for implementing and monitoring, funding source(s), timing and
provisions for remedial measures (if success standards are not met). The MMP will be provided
to the City with the Administrative Final EIR, thereby, allowing the City to provide comments,
which would subsequently be incorporate into the MMP in the Final EIR.



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



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

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

Approach
After the public comment period for the Draft EIR has closed, RP&M will meet with City staff
to review all comments received and determine the appropriate written responses to the
comments on the Draft EIR received during the public review period. These comments and
responses will be compiled into an Administrative Final EIR for review by the City of
Brentwood. RP&M does not anticipate that these comments will raise new issues, or that new
surveys or technical studies will be required to complete adequate responses. Further, RP&M
assumes that the amount and nature of comments can be addressed within the hours shown in the
budget spreadsheet. Consistent with the RFP, RP&M has budgeted for providing responses to up
to 35 comment letters / 125 comments received during the Draft EIR circulation and comment
period. Should more time be needed to respond to additional comment letters, RP&M will
initiate discussions immediately with City staff to conduct this extra work. The Administrative
Final EIR will consist of comments on the Draft EIR and responses to all comments on the Draft
EIR. Changes in the Draft EIR text necessitated by the comments will also be provided and
summarized on an errata sheet.



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



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

Approach
RP&M will meet with the City of Brentwood staff and the project team to discuss revisions to the
Administrative Final EIR. Upon receiving comments on the Administrative Final EIR, RP&M
will revise the Administrative Final EIR document and submit a screencheck Final EIR to the


Raney Planning & Management, Inc.                                                                15
City prior to printing. The Final EIR will be submitted for distribution ten days prior to the EIR
Certification Hearings. RP&M will also prepare a Notice of Determination (NOD) after project
approval (should the project be approved).


         TASK 4.2 PRODUCTS
          • Meeting with City staff to discuss revisions to the AFEIR.
          • One (1) copy of the Screencheck Final EIR.
          • Twenty (20) bound hard copies of the Final EIR (including
            MMP), one (1) unbound hard copy, and one (1) electronic
            copy.
          • Fifteen (15) copies of the Final EIR delivered to the State
            Clearinghouse to initiate the ten-day review period.
          • One (1) copy of the NOD, if applicable.




TASK 5.1: PROJECT MANAGEMENT AND MEETINGS
Objective
The objective of this task is to ensure close, extensive coordination and interaction with the City
staff and the project team and to participate in the public hearings on the EIR.

Approach
Ms. Cindy Gnos, AICP, Division Manager of RP&M, will serve as the EIR Project Director and
will be responsible for coordination of all EIR team members with City staff and appropriate
representatives from the project team. Mr. Nick Pappani, Associate II of RP&M, will serve as
the EIR Project Manager. The EIR Project Manager is responsible for handling the day-to-day
activities of the EIR preparation, coordinating with the City, the project team, and the technical
consultants, and responding to staff inquiries about the EIR, mitigation monitoring plan, and the
process. RP&M will assist the City as needed throughout the processing of the environmental
document. RP&M will prepare and transmit monthly progress reports to City staff regarding
schedule, progress, and budget. RP&M will prepare the staff report section regarding the
environmental determination and will attend the Planning Commission and City Council
Hearings on the EIR.


        TASK 5.1 PRODUCTS
         • Coordination, assistance, and project management
           throughout the process.
         • Monthly progress reports.
         • Attendance at one (1) Planning Commission and one (1) City
           Council Hearing on the EIR, with attendance at additional
           meetings as necessary.


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III. FIRM QUALIFICATIONS & THE RP&M TEAM

FIRM QUALIFICATIONS
Since its establishment in 1999, company president Tim Raney, AICP has led RP&M to become
one of the most trusted, experienced, and highly-regarded small planning firms in northern
California. Under his leadership, RP&M has built an impressive client base working in cities
throughout northern California, such as Brentwood, Oakley, Dixon, Wheatland, Rocklin,
Sacramento, West Sacramento, Merced, and Vallejo.

As the project management team, Mr. Raney and Division Manager Cindy Gnos have combined
their experience, skills, and efforts on scores of projects throughout California. The variety of
different projects that RP&M has completed as well as the experience that both Mr. Raney and
Ms. Gnos bring to the firm ensure that RP&M’s clients receive top-quality services.

As a planner with the City of Sacramento in the early 1990's, Mr. Raney successfully managed
and prepared the City’s first in-house EIRs, including the Calvine Road Interchange EIR, the
River Tower EIR, and the North Natomas Community Plan Supplemental EIR. While serving as
a project manager for EIP Associates, Mr. Raney was responsible for the preparation and
completion of dozens of environmental documents, including the Jacinto Creek Planning Area
EIR, the Army Depot Base Reuse Plan EIR, BLT Solid Waste Transfer Station EIR, and the
CalWaste Solid Waste Transfer Station EIR.

Ms. Gnos is an expert planner and facilitator of the development review process. Ms. Gnos, as
an employee of the City of Dixon, managed the annexation, General Plan Amendment, and
Prezoning of three large areas within the Dixon Planning Area. This included overseeing the
preparation of the EIRs and facilitating the public hearing process through the City and LAFCo.
Ms. Gnos, is also a former planner for the City of Sacramento where she processed development
applications, including conducting the environmental review, participating in the neighborhood
outreach, preparing staff reports, and giving presentations before the Planning Commission and
City Council.

Working together for RP&M’s clients, Mr. Raney and Ms. Gnos have built an impressive
foundation for the company to stand on. Under contract with the City of Sacramento, RP&M
prepared the 15th & L Street Hotel EIR, the Natomas Village Center EIR, and the Glenbrook
Estates EIR. In addition, Mr. Raney and Ms. Gnos prepared the Southpark Development Plan
EIR in Dixon, the Clover Valley Lakes EIR in Rocklin, the Heritage Oaks Estates EIR and the
Jones Ranch EIR in Wheatland, as well as EIRs for various infrastructure projects and numerous
Initial Studies. RP&M has also prepared NEPA documents for housing projects requiring
federal funding, as well as a project requiring approval from the Bureau of Indian Affairs.

In addition, both Mr. Raney and Ms. Gnos served as local government planning staff and are
experienced public speakers, having made numerous presentations before community groups,



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Planning Commissions, and City Councils/Board of Supervisors. The wealth of experience
outlined above enables RP&M to complete the processes involved in planning, project
management, and environmental review in both a timely and cost-efficient manner while
ensuring the needs and expectations of every client are satisfied.

THE RP&M TEAM
RP&M manages its staff in a very timely and cost-efficient manner. Mr. Raney and Ms. Gnos
serve as the executive management team and oversee a staff of six writers and administrative
personnel. As a firm with ten employees, we provide a hands-on approach to preparing each
environmental document and to the provision of planning services and function as an extension
of our client’s staff. Unlike many of the larger EIR firms, RP&M provides each of its clients
with the management core of the company. This provides our clients with the greatest level and
depth of experience on each project, as well as specialized client services.

Mr. Raney and Ms. Gnos have over 30 years of combined experience on many highly
controversial and complex EIRs completed for a variety of clients and projects. In addition,
RP&M’s executive management team has over 30 years of combined experience providing
planning services to a variety of clients. These services include but are not limited to, the
processing and review of project applications. RP&M’s staff enables it to provide the quality,
attention to detail, creative approaches, and successful on-schedule and on-budget processing
that only a small firm can offer. RP&M is committed to providing tailor-made services, to
creating high-quality, legally defensible documents, to sharing our experience and expertise
throughout the process, and to meeting the proposed budget and schedule.

C. Timothy Raney, AICP. As the President of RP&M, Mr. Raney serves as the leader of
the RP&M team. Mr. Raney specializes in CEQA processing and documentation and brings over
15 years of CEQA experience to every client. Mr. Raney has led projects for the Cities of Dixon,
Oakley, Rocklin, and Sacramento and Tuolumne Counties. Mr. Raney has provided client
services to the City of Sacramento and the Sacramento area for the past decade and has served as
a project manager for the State Capitol Park Safety and Security Improvement Project EIR, the R
Street Corridor EIR, the Sacramento Army Depot Reuse EIR, and Jacinto Creek Planning Area
EIR. With this diverse background, Mr. Raney can effectively advise clients regarding the
CEQA process and documentation.

Mr. Raney also brings his diverse experience in local government, including mayor of a city of
90,000 and planner in the City of Sacramento’s Planning Department to each project. Mr. Raney
has also been involved in local government issues with the League of California Cities, the
Commission on Local Governance for the 21st Century, and the Citrus Heights Chamber of
Commerce. This experience gives Mr. Raney a better understanding of the needs and
requirements of local governments. Mr. Raney has a Bachelor of Science degree in Agricultural
Economics from University of California, Davis.

Cindy Gnos, AICP. As the Division Manager for RP&M, Ms. Gnos brings over 15 years
of experience in planning and management skills to every project. With RP&M, Ms. Gnos has
headed up projects in Oakley, Brentwood, Wheatland, Dixon, and Sacramento. As a planner, Ms.


Raney Planning & Management, Inc.                                                            18
Gnos has managed several projects, including the Dixon Downtown Revitalization Plan and the
Community Development Block Grants Program. Ms. Gnos has also overseen the planning,
environmental review, and development of numerous residential, commercial, and industrial
projects, including annexations and prezonings. As a planner for both the City of Dixon and
Sacramento, Ms. Gnos brings a broad understanding of local government goals and objectives.
With this combination of skills and knowledge, Ms. Gnos can create and implement effective
strategies to process development projects and complete comprehensive environmental
documents. Ms. Gnos has a Bachelor of Science degree in City and Regional Planning from
California Polytechnic State University, San Luis Obispo.

Theresa Fortner Ward – Senior Associate
Ms. Fortner Ward brings her extensive background in CEQA/NEPA environmental compliance,
regulatory permitting, biological assessment, and mitigation planning and monitoring to every
project. Ms. Fortner Ward has over eight years of professional experience in CEQA/NEPA
compliance, special-status species analysis, multi-agency regulatory permitting, and mitigation
implementation and monitoring in 16 northern California counties. Ms. Ward has managed
projects throughout the Central Valley, including Butte, El Dorado, Madera, Merced, Nevada,
Placer, Sacramento, San Joaquin, and Yolo Counties, along with projects for the Cities of Grass
Valley, Rocklin, Roseville, Sacramento, and Tracy. She is proficient with the California
Environmental Quality Act; Sections 10, 401, and 404 of the Clean Water Act; Sections 1601-
1603 of the California Department of Fish and Game Code; the federal Migratory Bird Treaty
Act; and the State of California and federal Endangered Species Acts. In addition, Ms. Fortner
Ward has extensive experience preparing NEPA analyses for federally funded projects and has
prepared Caltrans Natural Environmental Studies for projects in eight counties. Ms. Fortner
Ward holds a Bachelor of Science degree in Biology with a concentration in Biological
Conservation from California State University, Sacramento.

Nick Pappani – Associate II
As an Associate II with RP&M, Mr. Pappani brings his scientific writing skills to every project.
Mr. Pappani has a Bachelor of Science degree in Wildlife Biology from Humboldt State
University, Arcata, California. Mr. Pappani’s degree enables him to effectively analyze and
integrate biological information and assessments into CEQA documents prepared by RP&M.
Since his arrival at RP&M, Mr. Pappani has been involved in the writing of the California Plaza
Phase II EIR, the Cypress Grove EIR, the Jones Ranch and Heritage Oaks Estates EIRs, as well
as being the principal author for the Woodland Gateway and Auto Center EIR and Marseilles
EIR. Mr. Pappani has also written several Initial Studies for Cities including but not limited to,
Folsom, Woodland, Sacramento, Brentwood, and Stockton.




Raney Planning & Management, Inc.                                                              19
Mike Parker – Associate II
Mr. Parker has composed dozens of Initial Studies and a number of Environmental Impact
Reports. Most notably, Mr. Parker prepared the Lone Tree Way Undercrossing EIR for the City
of Brentwood, the Kibbe Road EIR for the County of Yuba, and the Magnolia Park EIR for the
City of Oakley. Recently, Mr. Parker has been assisting the County of Yolo in updating the
General Plan for the Capay Valley planning area. Mr. Parker’s biology background, combined
with his extensive writing experience, allows him to effectively analyze technical environmental
information while composing an accurate, yet publicly accessible document. Currently an
Associate II with RP&M, Mr. Parker holds an M.A. in English from California State University,
Sacramento. In addition to receiving his Master’s Degree, he minored in Biology at California
State University, Humboldt where he completed his undergraduate degree in Literature.

Christina Wilson – Associate
Having worked for the U.S. Geological Survey, McClellan Air Force Base, several public
agencies, and KCT Consultants, Inc., Ms. Wilson has had the opportunity to participate in a
variety of planning projects. Ms. Wilson is experienced with Geographic Information System
(GIS) mapping, and has provided extensive technical and written support for both environmental
and public policy documents. Ms. Wilson holds a Bachelor of Arts in Liberal Studies (Emphasis
on Written Analysis) from California State Polytechnic University, San Luis Obispo, and a
Master of Urban and Regional Planning from California State Polytechnic University, Pomona.

Chris Hamma – Associate
Mr. Hamma’s resource and planning background includes work for the University of California,
the San Luis Obispo County Department of Planning and Building, the U.S. Forest Service, and
the U.S. National Park Service. As an Associate at RP&M, Mr. Hamma has contributed to
environmental documents such as Initial Studies, Findings of Fact, and Environmental Impact
Reports. Mr. Hamma holds a Bachelor of Science in Forestry and Natural Resources
Management (Concentration in Environmental Management) from California Polytechnic State
University, San Luis Obispo.

Jessica Hankins – Associate
Ms. Hankins brings a wide field of writing and editing experience to RP&M, including work as
Editor-in-Chief for a statewide probation news publication and as a writer for the legal and
business publication The Daily Recorder. Ms. Hankins was recently employed as an Adjunct
Professor of English at Sacramento City College, teaching courses in beginning and advanced
composition, grammar, and critical thinking. As an Associate at RP&M, Ms. Hankins has
contributed to environmental documents such as Initial Studies, Findings of Fact, and
Environmental Impact Reports. In addition to a B.A. in American Literature from the University
of California, Santa Cruz, Ms. Hankins holds an M.A. with Honors in Literature and a Graduate
Certificate in Teaching College Composition from California State University, Sacramento.

Laurie Franks – Office Manager
Ms. Franks serves as Office Manager for the RP&M team. Ms. Franks’ primary responsibility is
monthly invoicing for services provided for clients. Ms. Franks also manages RP&M’s contracts
and assists as needed in document production and quality control.



Raney Planning & Management, Inc.                                                            20
IV. SCHEDULE

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

                                        Tentative Schedule
                                       BARRINGTON PROJECT
  Task                                                                    Date
  Notice To Proceed                                                       Project Initiation

  EIR Outline                                                             2 weeks of contract initiation

  Submit Draft Project Description to the City for Review                 3 weeks of contract initiation
  Submit Draft Notice of Preparation (NOP) to City for Review             4 weeks of contract initiation
  NOP Public Review Period                                                30 days
                                                                          2 weeks from close of NOP
  Submit Administrative Draft EIR to City for Review1
                                                                          comment period.
                                                                          Within 2 weeks of receipt of
  Public Review Period of DEIR (45 Days)                                  City staff comments on
                                                                          Administrative Draft EIR.
  Submit Administrative Final EIR, Including Mitigation                   Within 3 weeks of close of
  Monitoring Plan to City for Review                                      comment period.
                                                                          Within 1 week of receipt of City
  Public Review Period of Final EIR (10 Days)
                                                                          staff comments
 1
  RP&M has changed the timing because the original estimate in the RFP did not allow time for incorporation of
 NOP comments into Administrative Draft EIR.




Raney Planning & Management, Inc.                                                                          21
V. COST PROPOSAL

The estimated cost for completion of the Barrington project is $124,960. The tasks are
summarized in the Technical Scope of Services of this proposal and costs by task are shown in
the attached spreadsheet. These costs are based on the estimates of time for each task provided in
the chart on the following page. Costs will be billed on a time and materials basis up to the
maximum established budget for each phase, following RP&M standard billing rates included in
the attached spreadsheet.

The following assumptions were used in the calculations:

       •   RP&M will attend meetings with the City staff and the project team, as well as public
           hearings as described in the work plan. RP&M assumes that the number of meetings
           required will be achieved within the hours allocated in the attached spreadsheet.
           Additional meetings and hearings are easily accommodated and will be billed on a
           time-and-materials basis, as directed.

       •   RP&M costs are based on the assumption that the existing data and information for
           the City of Brentwood and the proposed project site is accurate and current and will
           be available for the preparation of the proposed environmental documents.

       •   Specific amounts of time for revisions to the Initial Study, Administrative Draft EIR,
           Administrative Final EIR, and Mitigation Monitoring Plan have been assumed.
           RP&M expects that responding to comments will not exceed the budgeted time. If
           unanticipated comments result in additional time beyond that which has been
           budgeted, those items will need to be renegotiated.

       •   RP&M will provide to the City of Brentwood and the project team the number of
           copies of the documents (printed double-sided on recycled paper) as indicated in the
           technical scope of services. All environmental text materials will be provided in
           camera-ready copy and on computer disk formatted in Microsoft Word, as required
           by the City of Brentwood.

       •   RP&M assumes that once a Notice to Proceed is issued, that the preparation of the
           environmental documents would be a continuous process without excessive delays.
           RP&M would propose to renegotiate the contract with respect to schedule and cost
           should substantial delays occur in the processing of the proposed project.

       •   Factors that would increase the scope of work and estimated costs outlined in the
           proposal include: attendance at additional public meetings; printing of additional
           copies of reports; analysis of additional issues above those discussed in this proposal
           or a more detailed level of analysis than described in this proposal; changes in the
           project requiring reanalysis or rewriting of report sections; collection of data required
           for the environmental documents beyond that described in this proposal; attendance at


Raney Planning & Management, Inc.                                                                22
        additional in-house meetings beyond those budgeted; and excessive comments on the
        environmental documents. We would propose to renegotiate these items, if required,
        or charge on a time-and-materials basis.




Raney Planning & Management, Inc.                                                       23
                                              PROPOSED COST ESTIMATE
                                                    BARRINGTON EIR




                                                              Cindy Gnos, AICP




                                                                                                                             Cost Per Subtask
                                                              Division Manager




                                                                                  Senior Associate




                                                                                                                                                           Cost Per Task
                                                                                   Theresa Ward




                                                                                                     Nick Pappani
                                                                                                     Associate II
Task 1.1      Project Initiation                                     10                       2            2        $     1,330                 $     1,330
Task 1.2      Project Description                                     6                       4           16        $     2,160                 $     2,160
Task 1.3      Prepare NOP                                             6                       2           12        $     1,680                 $     1,680
Task 1.4      Agency Consultation                                     2                                    8        $       800                 $       800
Task 1.5      Prepare Initial Study                                   8                       4           26        $     3,110                 $     3,110
Task 2.1      Prepare Administrative Draft EIR                       30                                   40        $     6,000                 $    31,360
                               Technical Sections
Task 2.1.1    Introduction, Scope, and Summary of EIR                     4                               12 $            1,300
Task 2.1.2    Environmental Analysis
         a    Aesthetics                                                  4                               12        $     1,300
         b    Air Quality                                                 4                               10        $     1,150
         c    Biological Resources                                                            6            8        $     1,140
         d    Cultural Resources                                                              4           12        $     1,260
         e    Geology                                                                         4           12        $     1,260
         f    Hazards                                                     4                               12        $     1,300
         g    Hydrology & Water Quality                                   6                               18        $     1,950
         h    Land Use/Agricultural Resources                             8                               24        $     2,600
          I   Noise                                                       4                               10        $     1,150
          j   Population, Housing, & Employment                           6                               20        $     2,100
         k    Public Services & Utilities                                 8                               20        $     2,300
          l   Transportation & Circulation                                8                               16        $     2,000
                                 Other Sections
Task 2.1.3    Statutorily Required Sections                            8                                   10 $           1,550
Task 2.1.4    Alternatives Analysis                                   12                                   24 $           3,000

Task 2.2      Prepare Draft EIR                                      20                                   40        $     5,000                 $     5,000
Task 3.1      Prepare MMP                                             4                                    8        $     1,000                 $     1,000
Task 4.1      Prepare Administrative FEIR                            32                                   90        $     9,950                 $     9,950
Task 4.2      Prepare FEIR                                           10                                   16        $     2,200                 $     2,200
Task 5.1      Project Management                                     80                                   20        $     9,500                 $     9,500

              Total Hours                                       284                  26      498
              Hourly Rate                                 $    100 $                90 $     75
              Total EIR Labor                             $ 28,400 $             2,340 $ 37,350 $                        68,090                 $    68,090

Sub-Consultant/Expenses                                                                                                                         $    56,870
         Copying/Printing                                                                                           $     3,500
         Misc (Travel/fax/phone)                                                                                    $       500
         Sub-Consultant - Traffic and Circulation                                                                   $    34,600
         Sub-Consultant - Air Quality                                                                               $     5,400
         Sub-Consultant - Biological Resources Peer Review                                                          $     1,200
         Sub-Consultant - Noise                                                                                     $     6,000
         Sub-Consultant - Cultural Resources Peer Review                                                            $       500
         10% administrative fee                                                                                     $     5,170

Total Budget                                                                                                        $   124,960                 $   124,960




Raney Planning & Management, Inc.                                                                                                                     24
VI. REFERENCES

Raney Planning & Management, Inc. has provided planning, environmental, and project
management services throughout California. The following is a list of references including
several of our public-sector clients.

      City of Oakley
      Mike Oliver, City Manager
      Barry Hand, Community Development Director
      (925) 625-7000

      City of Rocklin
      David Mohlenbrok, Senior Planner
      (916) 632-4020

      City of Wheatland
      Clif Carstens, Environmental Coordinator
      (916) 988-2804

      City of Woodland
      Tricia Stevens, Community Development Director
      (530) 661-5850

      City of Sacramento
      Jim Regan-Vienop, Senior Planner
      (916) 264-7856




Raney Planning & Management, Inc.                                                       25
APPENDIX A

RESUMES
                            TIM RANEY, AICP
                            President

EDUCATION                   Mr. Raney has more than 15 years of CEQA experience, during which he
Graduate Studies,           has managed scores of CEQA/NEPA and environmental permitting
Agricultural Economics      documentation projects. He specializes in project coordination and
University of California,
Davis
                            management, public facilitation, CEQA processing and documentation, land
                            use analysis, and business district information. Mr. Raney also conducts
B.S., Agricultural and      independent technical and quality control reviews of environmental
Managerial Economics
                            documents. He has led projects for the Cities of Sacramento, Rocklin,
University of California,
Davis                       Davis, Dixon, Brentwood, Oakley, Wheatland, Woodland, and Sacramento
                            and Tuolumne Counties. In addition, Mr. Raney is very experienced in the
                            workings of local government, having been mayor of a city of 90,000.
AFFILIATIONS
American Institute of
Certified Planners (AICP)
American Planning           PRESIDENT
Association (APA)
                            Raney Planning & Management, Inc. (April 1999 – Present)
                            As President of RP&M, Mr. Raney provides a wide range of planning,
                            management, and economic development services to public and private
                            sector clients. Mr. Raney specializes in project coordination and
                            management, CEQA processing and documentation, land use analysis,
                            business district information, and public facilitation. With years of planning
                            experience, he has developed a diverse and expanding network of clients,
                            including developers, agency representatives, and state and local decision-
                            makers. His diverse background enables him to advise his clients on
                            effective strategies regarding government permitting processing, public
                            involvement, and agency coordination. Mr. Raney provides quality client
                            services, ensuring legally and procedurally accurate documentation while
                            strictly adhering to all schedules and budgets.


                            COUNCILMEMBER/MAYOR
                            City of Citrus Heights, CA (1997 – 2002)
                            Elected to serve on the first City Council, Mr. Raney was instrumental in
                            the incorporation efforts for the City of Citrus Heights. While on City
                            Council, Mr. Raney participated in the creation and adoption of the City’s
                            first General Plan as well as developing a city staff to be responsible for its
                            implementation. Mr. Raney served as Mayor of Citrus Heights in 2002
                            winning numerous awards for his exceptional leadership skills. This
                            experience behind the dais has given Mr. Raney the ability to understand
                            projects from a variety of perspectives, thereby allowing him to provide a
                            unique skill set to RP&M’s clients.
                  PROJECT MANAGER/LAND USE PLANNER
TIM RANEY, AICP   EIP Associates (April 1993 – May 1995, November 1996 – March
                  1999)
                  As a project manager with EIP Associates, Mr. Raney prepared
                  environmental impact reports for a wide range of controversial projects,
                  including EIRs for two solid waste transfer stations, the State Capitol Park
                  Safety and Security Improvements Project EIR, the R Street Corridor EIR,
                  and the Sacramento Army Depot Reuse EIR.


                  INDEPENDENT CONRACTOR/OWNER
                  Raney Consulting (June 1995 – November 1996)
                  As an independent contractor, Mr. Raney provided quality land use and
                  environmental planning and consulting to his clients. His client base
                  included the City of Sacramento, City of Folsom, CH2M Hill, and EIP
                  Associates. With Mr. Raney’s assistance, his clients were able to maneuver
                  through the myriad of state and federal planning and environmental
                  processes.


                  PROJECT MANAGER/LAND USE PLANNER
                  City of Sacramento, CA (September 1990 – April 1993)
                  Mr. Raney served as a planner for the City of Sacramento and worked as a
                  liaison between developers and city staff. As a member of the City’s
                  Environmental Services Division, he managed the preparation of multiple
                  environmental impact reports and coordinated the application process with
                  both city staff and developers’ representatives. Mr. Raney was also
                  responsible for developing new methods and procedures to reduce the cost
                  and time required to complete the city’s environmental permitting process.


                  PROJECT MANAGER
                  Buzz Oates Enterprises/Massie & Co. (April 1988 – September
                  1990)
                  As a member of the core corporate team, Mr. Raney was responsible for
                  managing new projects from initial design and engineering phases through
                  the final permitting process. His duties included coordinating property
                  owners, architects and engineers, and staff members of numerous local
                  governments to ensure that development permits were obtained in an
                  efficient and timely manner.
                               CINDY GNOS, AICP
                               Division Manager

EDUCATION                      Ms. Gnos brings to Raney Planning & Management a wide range of public
Graduate Studies, Public       sector planning, management, and economic development services. Ms.
Policy Administration
California State University,
                               Gnos specializes in land use analysis, project coordination and
Sacramento                     management, public facilitation, and CEQA processing and documentation.
                               With nearly twelve years of public sector planning experience, she has
B.S., City and Regional        developed an understanding of the diverse aspects of planning and
Planning
California Polytechnic State   community development within local governments. Her background
University, San Luis Obispo    enables her to advise clients on effective strategies regarding government
                               permit processing, public involvement, and agency coordination.
AFFILIATIONS
American Institute of
Certified Planners (AICP)      DIVISION MANAGER/SENIOR ASSOCIATE
American Planning
Association (APA)
                               Raney Planning & Management, Inc. (April 2000 –
                               Present)
                               Since January 2003, Ms. Gnos has worked under the title Division Manager
                               and is now responsible for the day-to-day coordination of the RP&M team
                               and its efforts. As the principal contact for most of RP&M’s projects, Ms.
                               Gnos provides high-quality, uniquely personal services to RP&M’s clients.
                               Serving as Project Manager for many of RP&M’s projects, Ms. Gnos is
                               exceptionally organized and skilled at providing project management
                               services to RP&M’s clients. In addition to project management, Ms. Gnos
                               is responsible for the quality and content of RP&M’s documents,
                               thoroughly reviewing every document before sending it out for client
                               review. Ms. Gnos provides the energy that keeps the RP&M team running
                               in top condition, thereby ensuring that its clients receive the very best of
                               what RP&M has to offer.


                               SENIOR PLANNER
                               City of Dixon, CA (November 1994– March 2000)
                               Ms. Gnos served as a planner for the City of Dixon, overseeing the
                               planning, environmental review, and development of numerous residential,
                               commercial, and industrial projects. Ms. Gnos coordinated the City of
                               Dixon’s downtown revitalization efforts through the management of the
                               creation of the Dixon Downtown Revitalization Plan, and through personal
                               participation in special downtown events. She implemented the Downtown
                               Facade Improvement Program using Redevelopment funds. Ms. Gnos also
                               oversaw the Community Development Block Grant (CDBG) Program for
                               the City of Dixon which included Planning/Technical Assistance Grants
                               and a Business Revolving Loan Fund. Ms. Gnos served as the housing
                               coordinator for implementation of the City’s Housing Element, including
                               the use of Redevelopment Funds and HOME funds in a first-time
                               homebuyer program.
CINDY GNOS, AICP


                   ASSOCIATE PLANNER
                   City of Sacramento, CA (October 1988 – November 1994)
                   As a land use planner for the City of Sacramento, Ms. Gnos was
                   responsible for processing development applications. This included pre-
                   application meetings, environmental review, coordination with the City,
                   developer, and neighborhoods, as well as reports and presentations to the
                   Planning Commission and City Council. During her tenure at the City of
                   Sacramento, she also chaired the Subdivision Review Committee.
                               THERESA FORTNER WARD
                               Senior Associate
EDUCATION                      Ms. Fortner Ward has over eight years of professional experience in
B.S., Biology (concentration
in Biological Conservation)
                               CEQA/NEPA compliance, special-status species analysis, regulatory
Sacramento State               analysis, biological assessment, multi-agency regulatory permitting, and
University, Sacramento         mitigation implementation and monitoring in 16 northern California
                               counties. Currently responsible for the preparation of CEQA analyses, Ms.
AFFILIATIONS                   Fortner Ward provides project management and quality control reviews of
Association of                 documents during preparation. Ms. Fortner Ward brings an added
Environmental Professionals    biological and regulatory compliance perspective to the RP&M team. Ms.
(AEP)
                               Fortner Ward is proficient with Sections 10, 401, and 404 of the Clean
                               Water Act; Sections 1601-1603 of the California Department of Fish and
                               Game Code; the federal Migratory Bird Treaty Act; and the state of
                               California and federal Endangered Species Acts. In addition, Ms. Fortner
                               Ward has extensive experience preparing NEPA analyses for federally
                               funded projects and has prepared Caltrans Natural Environmental Studies
                               for projects in eight California counties.


                               SENIOR ASSOCIATE
                               Raney Planning & Management, Inc. (August 2003– Present)
                               As a Senior Associate of RP&M, Ms. Fortner Ward is responsible for the
                               project management and preparation of CEQA/NEPA analyses. She also
                               provides quality control reviews of all the documents. While Ms. Fortner
                               Ward possesses the skills to address all aspects of the CEQA and NEPA
                               analyses, her background in biology and regulatory compliance permitting
                               provides assurance to RP&M’s clients that the documents are complete and
                               able to withstand the scrutiny of the regulatory agencies. Her experience in
                               implementation and monitoring ensures that the mitigation measures
                               applied to each project are feasible and effective.


                               REGULATORY SPECIALIST
                               Foothill Associates (1999 – 2003)
                               As a Regulatory Specialist at Foothill Associates, Ms. Fortner Ward was
                               responsible for the preparation of CEQA biological resources analyses,
                               Caltrans Natural Environmental Studies (NEPA compliance), Section 7
                               consultations, biological assessments, wetland delineations, mitigation
                               planning, monitoring of constructed projects, and preparation of
                               applications for federal, state, and local permit approvals. Ms. Fortner
                               Ward managed projects throughout the Central Valley, including projects in
                               Butte, El Dorado, Madera, Merced, Nevada, Placer, Sacramento, San
                               Joaquin, and Yolo counties, along with projects for a the cities of Grass
                               Valley, Nevada City, Rocklin, Roseville, Sacramento, and Tracy.


                               ASSOCIATE BIOLOGIST
                       Zentner and Zentner (June 1997-October 1999)
THERESA FORTNER-WARD   As a Biologist with Zentner and Zentner, Ms. Fortner Ward specialized in
                       regulatory compliance and mitigation implementation and monitoring. She
                       managed complex permitting projects, including projects involving multiple
                       resource agencies such as the U.S. Fish and Wildlife Service, National
                       Marine Fisheries Service (now NOAA Fisheries Service), California
                       Department of Fish and Game, San Francisco Bay Area Commission of
                       Development and Conservation, the Reclamation Board, and the U.S. Army
                       Corps of Engineers. She assisted with mitigation planning and monitoring
                       projects in the Sacramento Valley and Bay Area.


                       BIOLOGIST
                       Sycamore Environmental Consultants (March 1995 – June1997)
                       As a biologist with Sycamore Environmental Consultants, Ms. Fortner
                       Ward provided assistance with a variety of environmental compliance,
                       permitting, mitigation planning and monitoring, and site assessments
                       including wildlife and plant surveys. She was the assistant project manager
                       for the botanical resources technical reports supporting the Santa Rosa
                       Long-term Wastewater Treatment EIR.


                       RESEARCH ASSISTANT
                       Alaska Forestry Sciences Lab (May 1994 – March 1995)
                       As a research assistant with the Alaska Forestry Sciences lab, Ms. Fortner
                       Ward collected data for a long-term bird and forest research project. Field
                       data was collected in Canada, Alaska, and Chile regarding bird nesting, nest
                       predation, and basic ecology information on Chilean birds on the island of
                       Chiloe. Ms. Ward set up and implemented studies on the temperature
                       retaining effectiveness of various types of bird nests and materials and a
                       nesting material preference study for Canadian red squirrels.
APPENDIX B

PROJECT HISTORY
The following is a brief description of some of the projects that have been prepared and/or
managed by RP&M.

Cypress Grove EIR and Planning Services
Client: City of Oakley, California
Cypress Grove involves establishing the policy level approvals of a General Plan Amendment
and Rezone as well as the project-level approvals for tentative maps for a 637-unit residential
development. RP&M prepared an EIR for the project under contract with the City of Oakley.
RP&M also provided project management for the City, serving as planning staff on the project,
facilitating the public review process, and preparing the staff reports and public presentations.
The City Council certified the EIR and approved the project in October.

Oakley 2020 General Plan
Client: City of Oakley
RP&M assisted with the General Plan process review for the City of Oakley, when the City
required assistance to facilitate the public, Planning Commission, and City Council critique of
the draft General Plan document prepared for the City by another consulting firm. Through its
efforts, the RP&M staff enabled the City to systematically receive comments and move through
the review process and meet the state-mandated adoption deadline, enabling the City to complete
its General Plan ahead of schedule.

RP&M utilized a two-phase approach to the services provided in conjunction with the General
Plan process. The first phase included the review of the background information prepared for the
General Plan and the draft General Plan document. RP&M also attended the initial meetings
regarding the General Plan with staff and the Planning Commission/City Council. The second
phase involved the facilitation of the General Plan approval process.

R&M also facilitated the certification of the EIR and the adoption of the General Plan through
the public review process. RP&M facilitated meetings with Planning Commission and City
Council in order to review and obtain consensus on the General Plan.

Oakley Zoning Ordinance
Client: City of Oakley
Based on RP&M’s experiences with the Oakley 2020 General Plan and their successful public
facilitation of the approval process for the General Plan, the City of Oakley contracted RP&M to
complete their new Zoning Ordinance.

RP&M has proposed a series of five basic tasks to be repeated as necessary in order to complete
a successful process for creation of a comprehensive Zoning Ordinance. The tasks include
project initiation, workshops and facilitation, research, preparation of the Zoning Ordinance, and
preparation of the Initial Study/Negative Declaration. To date RP&M has conducted four
workshops in order to provide coordination with the Planning Commission and City Council on
the key issues and to review draft portions of the Oakley Zoning Ordinance prepared by RP&M.
At the conclusion of each workshop, RP&M has conducted further research in order to provide
the City several options for each issue area. The cycle of workshops and research will continue
as needed in order to adequately address the issues and approaches to the City’s Zoning
Ordinance. To date, RP&M has also prepared a Administrative Draft copy of the Initial Study,
which analyzes the potential impacts the Oakley Zoning Ordinance would have on the
environment.

Zoning Administrator Staff
Client: City of Sacramento
Ms. Cindy Gnos, AICP, Division Manager, was under contract with the City of Sacramento to
provide Zoning Administrator staff services. Ms. Gnos reviewed development applications for
consistency with City standards, routed the development applications for agency review,
prepared conditions of approval, attended the Zoning Administrator hearings, and prepared the
action reports. Ms. Gnos coordinated with staff and agencies as well as the project applicant in
the processing of the development application. In addition, Ms. Gnos responded to public
inquiries regarding each application.

Sibley Street Widening Project Initial Study/Mitigated Negative Declaration
Client: G.C. Wallace
The Sibley Street Widening project includes the widening of Sibley Street in the City of Folsom
between Blue Ravine Road to Glenn Drive (approximately 2,575 lineal feet) to accommodate
two lanes in either direction. The proposed project includes the acquisition of approximately 0.55
acres of right-of-way along the western side of Sibley Street. The City of Folsom is proposing
the project to reduce vehicle congestion on Sibley Street. RP&M is currently under contract with
G.C. Wallace and has prepared a Mitigated Negative Declaration for the City of Folsom Public
Works Department.

Pond A and Lateral 1 Improvements Project
Client: City of Dixon, California
The Pond A and Lateral 1 Improvements Project is a City of Dixon project to expand the
capacity of the detention/retention basin (Pond A) and to improve the outfall from the basin
along Lateral 1. RP&M prepared a Draft and Final EIR for the proposed project under contract
with the City of Dixon. The EIR addressed the construction-related traffic, air quality, and noise
issues, as well as biological impacts associated with the implementation of the proposed project.
In addition, the EIR outlined the multi-jurisdictional nature of the proposed drainage
improvements.

Rose Garden EIR
Client: City of Brentwood, California
Rose Garden is a proposed 509-unit subdivision proposed in the City of Brentwood. RP&M is
under contract with Pulte Homes to prepare the Initial Study for the City's use during the public
hearing process. RP&M prepared the Initial Study/Negative Declaration and also prepared a
very detailed response to comments received on the Initial Study/Negative Declaration. Under
contract with the City of Brentwood, RP&M prepared a Draft and Final EIR. The project has
been approved.
Marseilles EIR
Client: City of Brentwood, California
Marseilles is a proposed 579-unit subdivision (#8729) proposed in the City of Brentwood. The
Marseilles project includes the construction of single family detached units and multi-family
units as well as a recreation center. The Marseilles project application includes the request for a
Rezone of the southern portion of the project site from Single Family Residential (R-1-6) to PD-
44, the approval of a Vesting Tentative Map and Design Review for project structures and
improvements. RP&M is currently under contract with the City of Brentwood and has prepared a
Draft EIR and Administrative Final EIR for the project.

Lone Tree Way Undercrossing EIR
Client: City of Brentwood, California
Lone Tree Way is currently an at-grade railroad crossing which the City of Brentwood is
proposing to drop below grade and to widen from two lanes to six lanes. Public and private
utilities beneath both Lone Tree Way and the Union Pacific Railroad would be relocated beneath
the undercrossing and a drainage system would be constructed to accommodate the
undercrossing. The EIR prepared by RP&M was certified and the project has been approved.

Clover Valley Lakes EIR
Client: City of Rocklin, California
The Clover Valley Lakes is a residential development involving the construction of roadway and
utility infrastructure in an area characterized by sloping valley walls and the Clover Valley
Creek. RP&M is currently preparing an EIR under contract with the City of Rocklin for the
proposed development. The EIR focuses on grading and erosion impacts associated with
development on the hillside, as well as traffic and other issues associated with residential
development. The Draft EIR has been released for public review and RP&M is currently
preparing the Final EIR.

Vista Oaks Subdivision EIR
Client: City of Rocklin, California
The project is a tentative subdivision map to divide 93.2 acres into 100 single-family residential
lots and 5 open space parcels. RP&M is under contract with the City of Rocklin to prepare the
necessary CEQA documents, including the Initial Study, Draft EIR, and Final EIR. RP&M is
currently working on the Draft EIR.

Woodland Auto Mall Initial Study and EIR
Client: City of Woodland, California
The proposed Woodland Auto Mall includes 20 acres for an auto mall and related auto services
as well as 32 acres of regional retail. The primary issues were traffic and loss of agricultural
land, as well as biological habitat. The EIR also addressed offsite infrastructure necessary to
serve the development. RP&M completed the Initial Study, Draft EIR, and Final EIR. The Final
EIR is currently in the public review process. Although little concern was raised regarding the
EIR, the project has not been approved.
Jones Ranch EIR
Client: City of Wheatland, California
Jones Ranch is a 550-unit residential project proposed for annexation to the City of Wheatland.
The project involves the Annexation, General Plan Amendment, and Prezone of the property.
RP&M prepared a Program EIR for the proposed project under contract with the City of
Wheatland. The EIR was prepared to serve the City of Wheatland as well as the Yuba County
LAFCo and addresses all the issues associated with annexation and residential development
including growth inducement, the provision of public services, traffic, etc. The Draft EIR and
Final EIR have been prepared and subsequently certified.

Heritage Oaks Estates EIR
Client: City of Wheatland, California
Heritage Oaks Estates is a commercial and residential development being proposed for
annexation to the City of Wheatland. The project involves the Annexation, General Plan
Amendment, and Rezone of the property. RP&M is under contract with the City of Wheatland
to prepare a Program EIR for the proposed project. Similar to Jones Ranch, the EIR is being
prepared to serve the City of Wheatland as well as the Yuba County LAFCo. The Draft EIR is
complete and the Final EIR has been released for public review. Since the closing of the public
review the EIR has been certified.

Southpark Development Plan EIR
Client: City of Dixon, California
Southpark is a primarily residential development plan which was proposed in the City of Dixon.
The project involved the refinement to the General Plan and Zoning designations which were
adopted by the City Council in 1994 as part of the properties Annexation, as well as a Tentative
Map. RP&M, under contract with the City of Dixon, prepared a Subsequent EIR for the
proposed project. The Subsequent EIR addressed the impacts of the proposed land use
designation refinements, as well as the Tentative Map. In addition, the EIR provided further
clarification and refinement of the mitigation measures to better address the timing of the
necessary improvements.

Natomas Village Center EIR
Client: City of Sacramento, California
The Natomas Village Center is a multi-use shopping center, having Target as an anchor tenant,
proposed for development within the City of Sacramento. RP&M prepared an EIR under
contract with the City of Sacramento for the proposed project. The primary issue associated with
the proposed project was the Community Plan Amendment to allow the regional-scale shopping
center. RP&M prepared a land use chapter in the EIR, which outlined the policies applicable to
the project and detailed the project's consistency with each of the policies. The EIR also
addressed the traffic, noise, and air quality issues associated with a commercial development.

15th and L Street Hotel EIR
Client: City of Sacramento, California
The 15th and L Street Hotel is a proposed 250-room hotel immediately adjacent to the State
Capitol Building. RP&M prepared an EIR under contract with the City of Sacramento
addressing traffic, noise, air quality, historic resources, and aesthetics for the proposed project.
The Draft EIR was released for public review with two comment letters received. The Final EIR
was prepared and the project was approved.

California Plaza Phase II EIR
Client: City of Sacramento, California
California Plaza Phase II is the final phase on an office complex located off Arden Way in the
City of Sacramento. An EIR was prepared and certified for a similar project in the early ‘90s but
the project was never constructed. The applicant has filed an application for development of a
similar office building. RP&M prepared an EIR under contract with the City of Sacramento
addressing land use, traffic, and air quality for the proposed project. The Draft EIR was released
for public review and subsequently a Final EIR was prepared and approved.

Glenbrook Tentative Map EIR
Client: City of Sacramento, California
The Glenbrook Tentative Map was a small single-family subdivision adjacent to the freeway. A
focused EIR was required to address the freeway noise. RP&M prepared the Draft and Final
EIR for the proposed project under contract with the City of Sacramento.

Freeport Boulevard and 21st Street
Client: City of Sacramento
A Draft EIR has been prepared by RP&M, under contract with the City of Sacramento, for the
conversion of both Freeport Boulevard and 21st Street to two-way roadways. The project site is
within an area currently undergoing major fluctuations in circulation; therefore, major issues
being analyzed are traffic, noise, and air quality. RP&M is currently in the process of preparing a
Final EIR, which includes responses to comments on the Draft EIR, and any revisions to the
Draft EIR.

Clayton Annexation Project
Client: City of Clayton, California
The Clayton Annexation project involves three properties located in Contra Costa County, in the
southeast area of the City of Clayton. The proposed project consists of three separate
annexations, pre-zoning applications, and tentative maps to subdivide the project site into single-
family lots. Development of the Clayton Annexation project would require the removal of
existing buildings, including barns and sheds. RP&M is currently under contract with the City of
Clayton to prepare one Initial Study to analyze the potential environmental effects associated
with all three property annexations. RP&M has also been contracted to provide planning services
associated with the processing of the Clayton Annexation project.

Rio Del Oro Sewer Force Main Initial Study
Client: City of Olivehurst, California
RP&M, under contract with the Olivehurst Public Utility District, prepared an Initial Study for
the placement of a sewer force main from the proposed Rio Del Oro Subdivision within the
Plumas Lake Specific Plan area to the existing Olivehurst Wastewater Treatment Plant. The
Initial Study tiered from the Yuba County General Plan EIR as well as the Plumas Lake Specific
Plan EIR, addressing the temporary impacts associated with construction such as water quality,
air quality, and noise. The Initial Study also addressed the capacity of the wastewater treatment
plant.
South Plumas Lake Water Master Plan Initial Study
Client: City of Olivehurst, California
RP&M, under contract with the Olivehurst Public Utility District, prepared an Initial Study for
the South Plumas Lake Water Master Plan consisting of a series of wells, a water treatment
facility, a storage tank, and distribution lines. The Initial Study tiered off the Yuba County
General Plan EIR and the Plumas Lake Specific Plan EIR.

Sierra College Annexation Initial Study and Planning Services
Client: City of Rocklin, California
The Sierra Community College campus, in conjunction with the City of Rocklin, is proposed for
annexation into the city in order to facilitate the provision of city services. RP&M assisted the
City of Rocklin and Sierra College in the public facilitation of the annexation process including
the preparation of a prezoning and General Development Plan for the city, as well as the LAFCo
application. RP&M also prepared the Initial Study/Negative Declaration for use by the City of
Rocklin as well as the Placer County LAFCo.

Initial Studies/Mitigated Negative Declarations
Client: City of Brentwood, California
RP&M has prepared numerous Initial Studies/Mitigated Negative Declarations, under contract
with the applicants, for the City of Brentwood. RP&M has prepared, or is in the process of
preparing, twenty (20) Initial Study/Mitigated Negative Declarations primarily for residential
subdivisions ranging from 20 to 500 units. The projects also include one mixed-use project, as
well as a multi-family project.

Initial Studies/Mitigated Negative Declarations
Client: City of Sacramento, California
RP&M has prepared numerous Initial Studies/Mitigated Negative Declarations for the City of
Sacramento. They include documents for the Del Paso Pipe and Steel project, Florin Road Mini
Storage, Florin Road U-haul Expansion, Florin Road Walgreen’s, Asher Lane project, Brighton
Avenue project, Fruitridge and South Watt gas station and convenience store, and the South Watt
and Elder Creek gas station and convenience store.

Jimenez Initial Study/Mitigated Negative Declaration
Client: Western Pacific Housing
The Jimenez project is located in San Joaquin County within the City of Stockton Sphere of
Influence. The Jimenez project application includes a request for the annexation and pre-zoning
of approximately 100.8 acres into the City of Stockton, and a General Plan Amendment to
redesignate a portion of the site. The annexation requested for the Jimenez project would allow
the future development of up to 495 residential units, including multi-family units; however,
only 305 single family units are currently proposed for construction on the project site. RP&M is
currently under contract with Western Pacific Housing and has prepared an Administrative
Review Draft Expanded Initial Study/Proposed Mitigated Negative Declaration for the Jimenez
project.
East Stockton Storm Drainage Improvements Project Initial Study
and Environmental Assessment
Client: G.C. Wallace
RP&M, under contract with G.C. Wallace, prepared an Initial Study and an Environmental
Assessment for the East Stockton Storm Drainage Improvements Project. The proposed project
consists of storm drainage infrastructure improvements, designed by the San Joaquin County
Department of Public Works (SJCDPW), in two residential areas identified in the East Stockton
Master Storm Drainage Plan, Garden Acres and Gianone Park, to eliminate flooding problems.

Special Projects
Client: City of Oakley, California
RP&M has completed several special projects for the City of Oakley, including research of land
use entitlements to determine non-conforming use status and potential code enforcement actions,
research of ownership and assessed value information for a potential expansion of the
Redevelopment Area, research and preparation of a staff report outlining options for a Zoning
Ordinance Amendment related to size of accessory structures, and research and preparation of a
staff report outlining options for a Zoning Ordinance Amendment related to outdoor
sales/peddling. In addition, RP&M has assisted City of Oakley staff by preparing staff reports
and presenting to Planning Commission and City Council several tentative map time extensions,
design review applications, and use permits.

Granite Regional Park PUD Planning Services
Client: City of Sacramento, California
RP&M provided planning services (under contract with ESA) for the processing of the Granite
Regional Park Phase II development application. RP&M routed the project application and
prepared the staff report for the Planning Commission. RP&M also prepared an Initial
Study/Mitigated Negative Declaration for the Food Court building proposed in Granite Regional
Park under contract with the City. In addition, RP&M prepared the Initial Study/Mitigated
Negative Declaration for the Panattoni building located on the east rim of Granite Regional Park.

On-Call Yolo County Planning Services
Client: Yolo County
RP&M is currently providing experienced planning and project management staff to Yolo
County for the provision of project management, planning, and staffing services on an “as
needed” basis. Operating as an extension of Yolo County’s staff, RP&M is currently involved in
effectively balancing the interests of the County against competing interests and sensitive issues.
APPENDIX C

Traffic Scope
APPENDIX D

Air Quality Scope
September 4, 2004

Cindy Gnos
Raney Planning & Management
1401 Halyard Drive, Suite 120
West Sacramento, CA. 95691

Subject: Proposal to Prepare An Air Quality Impact Report for the Barrington Project, City of
Brentwood

Dear Ms. Gnos:

I am pleased to submit this proposal to assist in the preparation of the environmental document for
the subject project. I have prepared this proposal based on the project description you provided
and my experience with other projects. The following scope of work is intended to satisfy the
requirements of the Bay Area Air Quality Management District.

SCOPE OF WORK

$      Prepare a description of the climate and meteorology of the project area, historical air
       quality data, and current efforts to attain and maintain the State and federal air quality
       standards.

$      Identify existing sources of air pollution in or near the study area, including mobile sources,
       stationary sources and sources of toxic air pollutants.

$      Identify any sensitive receptors for air pollutants such as hospitals, convalescent homes and
       schools near the project or roads providing access to the project site.

$      Review proposed grading and construction plans. Identify potential nuisance impacts
       during the construction period for neighboring properties.

$      Evaluate the potential for wind blown dust or other construction impacts based upon
       prevailing wind patterns, surrounding land uses, and the soils of the area. The potential for
       adverse health effects or nuisance would be assessed.

$      Perform microscale modeling of carbon monoxide levels near major intersections that would
       be affected by project traffic using the CALINE-4 computer model and traffic information
       provided by the project transportation consultant.

$      Compare predicted carbon monoxide concentrations with state and federal standards.

$      Prepare an analysis of regional changes in emissions due to vehicular travel from the
       project for an appropriate horizon year using the URBEMIS2002 computer program.
Cindy Gnos
September 4, 2004
Page 2



$      Determine significance of new project emissions using the thresholds of significance
       recommended by the Bay Area Air Quality Management District.

$      Address consistency with the regional air quality plan and cumulative impacts.

$      Identity construction-phase controls and practices to reduce dust impacts associated with
       construction.

$      Identify air quality mitigation measures or programs included within the project and
       mitigation measures incorporated in the project design.

$      If impacts warrant, develop mitigation measures to reduce air quality impacts such as transit
       and rideshare incentives, bicycle and pedestrian incentives and site planning to reduce
       travel. Evaluate the effectiveness of these measures.

•      Prepare an air quality report addressing the impact of the proposed project. Include
       documentation of the analysis.

COST

The above-described scope of work is expected to require at most 36 hours of time. At my current
rate of $150 per hour the cost would be a maximum of $5400. This cost figure includes preparing
responses to comments on the environmental document, but does not include attendance at public
hearings.

I hope you find this proposal responsive. Please call if you have any questions.

Sincerely,


Donald Ballanti
Certified Consulting Meteorologist
APPENDIX E

Noise Scope
September 9, 2004


Ms. Cindy Gnos
Raney Planning and Management
Transmitted Via E-Mail

     Subject: Noise Study Proposal for the Barrington Project in The City of Brentwood,
              California.

Dear Cindy:

Thank you for inviting our proposal to join RPM in preparing the EIR for this project. I have read
the information you forwarded to me, and have developed this scope of work based on that
information and based on our experience in preparing noise studies for CEQA documents.

Scope of Work:

1.     Setting - Noise Criteria: Bollard & Brennan will identify the noise level standards contained
       in the City of Brentwood General Plan Noise Element which are applicable to this project, as
       well as any germane state and federal standards.

2.     Setting - Existing Noise Environment: Bollard & Brennan proposes to quantify existing
       traffic and general ambient noise levels in and near the project area through continuous and
       short-term noise level measurements, and through application of accepted traffic noise
       prediction methodologies. If significant noise sources other than traffic are identified within
       the project area of influence, Bollard & Brennan will quantify the noise generation of those
       sources through additional noise level measurements.

3.     Impacts: Bollard & Brennan will identify all significant noise impacts due to and upon the
       proposed residential, park, and school uses within the Barrington Project Area. Significant
       noise impacts will occur if the project-generated traffic or on-site activities result in a
       significant increase in ambient noise levels at existing or proposed noise-sensitive land uses
       in the project vicinity, or if noise levels at those locations would exceed the applicable
       project standards of significance. Noise Impacts associated with project construction will be
       evaluated as well.




                                          Page 1 of 2
4.     Noise Mitigation Measures: The analysis of noise mitigation measures will focus on
       appropriate and practical recommendations for noise control aimed at reducing any identified
       potential noise impacts to a level of insignificance. Where it is not possible to reduce
       impacts to a level of insignificance, the rationale for such a finding shall be clearly provided.

5.     Alternatives Analysis: In addition to the proposed project, Bollard & Brennan will provide
       quantitative analysis of traffic noise impacts associated with the project alternatives.

6.     Preparation of a Written Noise Report: Bollard & Brennan will provide a written report for
       use in the development of the Noise Section of the Administrative Draft Project EIR. The
       report will contain the results of each previous task in the above-described scope of work, as
       well as graphics showing noise measurement locations, noise contours, and potential noise
       mitigation locations as appropriate. The report will be provided as a stand-alone technical
       analysis in both camera-ready hard copy and on electric media. RPM will be responsible for
       all report formatting.

7.     Responses to Comments and Development of Final EIR Noise Section: Bollard & Brennan
       will utilize input provided by The City of Brentwood, and other interested agencies, RPM
       and the public, to assist RPM in the revision of the noise section of the document throughout
       the EIR process. This task will include assisting RPM with responses to public comments
       for inclusion in the Final EIR.

8.     Attendance at Meetings: This proposal includes attendance at one meeting and/or public
       hearing.

Cost of the Noise Study:

       Bollard & Brennan will conduct the above-described scope of work for a total fee of $6,000,
       including expenses.

Thank you again for inviting our proposal, and please call me if you have any questions.

Sincerely,

Bollard & Brennan, Inc.


Paul Bollard
President
                                                     Residential EIR - Brentwood - 2004 - RPM - Barrington.wpd




                                           Page 2 of 2
APPENDIX F

Biology Scope
October 11, 2004


Ms. Cindy Gnos
Raney Planning & Management
1401 Halyard Drive, Ste. 120
West Sacramento, CA 95691


Subject:    “BARRINGTON SITE”, BRENTWOOD: WORK SCOPE AND COST PROPOSAL FOR
            BIOLOGICAL RESOURCES PEER REVIEW


Dear Cindy:


Thank you for asking Moore Biological Consultants to provide Raney Planning &
Management with this work scope and cost proposal. An understanding of the required
biological consulting services was gained through a review of the maps and information
you provided, past work in the area, and discussion with you and your staff. This letter
provides a summary of the anticipated work scope and costs for this work and
supercedes our prior proposal for a baseline biology inventory.


From past work in Brentwood, we have learned that the key regional issues are wetlands,
burrowing owl, valley elderberry longhorn beetle, and a variety of sensitive species that
are dependent on wetlands and other aquatic habitats. A review of a recent aerial
photograph suggests that the site has been cultivated in the past (as most parcels in this
area), and may well be free of wetlands and natural or semi-natural habitats. Other than
potential occurrence of burrowing owl, we do not anticipate that the City’s consultant
will find any sensitive species or suitable habitat for sensitive species on the site.



We understand that our new scope of work consists purely of peer review of the
inventory that will be undertaken by the City’s consultant. Once we receive their report,
we will conduct an updated search of California Department of Fish and Game’s
(CDFG) California Natural Diversity Database (CNDDB) and conduct a reconnaissance-
level field survey. We will then prepare a “peer review” letter report describing our views
of the completeness and accuracy of the work by the City’s consultant. This will involve
a review of their findings on general habitat description, assessment of wetlands,
assessment of potential for the site to support sensitive species, and appropriateness of
any recommended mitigation. We are assuming Raney Planning & Management will
draft the biology chapter of the Environmental Impact Report (EIR) and are not planning
on any substantial work related to preparation of the EIR biology chapter.


The estimated cost for this work is not-to-exceed $1,200.00, to be billed monthly on a time
and materials basis. This includes 4 hours at a rate of $120.00 per hour for Principal
Biologist, 8 hours at a rate of $80.00 per hour for Biologist, and $80.00 in expenses.


Thank you, again, for asking Moore Biological Consultants to provide Raney Planning &
Management with this revised work scope and cost proposal. Please call me at (209)
365-6828 with any questions.


Sincerely,




Diane S. Moore, M.S.
Principal Biologist
APPENDIX G

Cultural Resources Scope
                                CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date:        October 26, 2004

Subject/Title:       Approve a Resolution awarding the Construction Contract for the Landscaping
                     Project for Water (Potable) Systems Facilities, CIP Project No. 562-5634.

Prepared by:         Engineering: R. Craig

Submitted by:        Engineering: B. Grewal

RECOMMENDATION
Approve a Resolution awarding the construction contract for the Landscaping Project for Water
(Potable) Systems Facilities, CIP Project No. 562-5634, to Cassani Landscaping and authorize
the City Manager to execute the agreement and necessary documents in the amount of
$51,682, plus a 10% contingency.

PREVIOUS ACTION
On June 22, 2004, City Council approved Resolution 2004-140, to include the Landscaping
Project for Water (Potable) Systems Facilities into the 2004/05 – 2008/09 Capital Improvement
Program.

BACKGROUND
This year's Capital Improvement Program includes the Landscaping Project for Water (Potable)
Systems Facilities. This Zone 1 Water Reservoir, located west of the Highway 4 Bypass and
north of Balfour Road along Presidio Drive is one of the facilities included in the enhancement
improvements due to surrounding residential construction. At the time of construction, the
project did not include any landscaping as it was intended that staff would do this work under a
separate contract. The design for the landscaping surrounding the Zone 1 Reservoirs has been
completed. This project consists of installing a solar powered irrigation system and landscape
screening around the Zone 1 Reservoirs. This is an opportunity to enhance the aesthetics of
the City’s infrastructure while progressing the City’s ongoing effort to be a good neighbor near
homes and to minimize any potential visual impacts to the adjacent residents. The project will
improve the City’s image and is an opportunity to demonstrate areas using low water use plants
and landscaping techniques. This landscaping includes planting of 15 gallon size trees, 24” box
trees and a hydro-seed of natural grass to provide an immediate benefit.

Due to the volume and cost of work anticipated, the City conducted an informal bid process and
requested bids from five contractors. A total of three (3) bids were received and reviewed and
the lowest responsive, responsible bid was received from Cassani Landscaping in the amount
of $51,682.

The three bids were:

         1. Cassani Landscaping                               $51,682
         2. Oracle Landscape                                  $52,900
         3. Misan Construction                                $84,855

Staff recommends the award of the construction contract for the Landscaping Project for Water
(Potable) Systems Facilities, CIP Project No. 562-5634, to Cassani Landscaping for the amount
of $51,682 plus a 10% contingency, for a total contract amount of $56,850.20.


K:\kdempsey\Staff Reports\2004\10-26-04\Randy-562-5634\562 5634 Landscaping award.doc
FISCAL IMPACT
The funds for this work are paid for through enterprise fees, which are included in the existing
budget as approved by this year’s Capital Improvement Program 2004/05 for a total project cost
of $185,000.

There are sufficient funds to accommodate this landscaping contract in the amount of $51,682
plus a 10% contingency, for a total contract amount of $56,850.20 in the overall budget and
more specifically in the category of Construction.

Attachments:
Resolution
Agreement
Site Map




K:\kdempsey\Staff Reports\2004\10-26-04\Randy-562-5634\562 5634 Landscaping award.doc
                                               RESOLUTION NO.


         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO
         AWARD THE CONSTRUCTION CONTRACT FOR THE LANDSCAPING PROJECT
         FOR WATER (POTABLE) SYSTEM FACILITIES, CIP PROJECT NO. 562-5634, TO
         CASSANI LANDSCAPING AND AUTHORIZE THE CITY MANAGER TO EXECUTE
         THE AGREEMENT AND NECESSARY DOCUMENTS IN THE AMOUNT OF $51,682,
         PLUS A 10% CONTINGENCY.


        WHEREAS, on June 22, 2004, City Council approved Resolution 2004-140, to include
the Landscaping Project for Water (Potable) Systems Facilities into the 2004/05 – 2008/09
Capital Improvement Program; and

        WHEREAS, the Zone 1 Reservoirs did not include any landscaping as it was intended
that staff would do this work under a separate contract; and

       WHEREAS, this is an opportunity to enhance the aesthetics of the City’s infrastructure
while progressing the City’s ongoing effort to be a good neighbor near homes and to minimize
any potential visual impacts to the adjacent residents.

       NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood,
that the City Manager be authorized to execute a construction contract with Cassani
Landscaping in an amount of $51,682, plus a 10% contingency, for a total contract amount of
$56,850.20, for the Landscaping Project for Water (Potable) System Facilities, CIP Project No.
562-5634.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 26th day of October 2004 by the following vote:




K:\kdempsey\Staff Reports\2004\10-26-04\Randy-562-5634\562 5634 Landscaping award.doc
                                                  AGREEMENT


           LANDSCAPING PROJECT FOR WATER (POTABLE) SYSTEM FACILITIES
                             PROJECT NO. 562-5634



THIS AGREEMENT FOR CONSTRUCTION is made and entered into this 26th day of October,
2004, by and between the City of Brentwood (herein called City) and Cassani Landscaping, a
California corporation, a partnership or an individual (circle one) located at 17574 Parker Road,
Castro Valley, CA 94546-1228, herein called Contractor.


The City and the Contractor agree as follows:


(1)      CONTRACT SUM: The City agrees to pay, and the Contractor agrees to accept, in full
         payment for constructing the Project in strict accordance with the Contract Documents
         and performing all other requirements of the Contract Documents, the sum of Fifty One
         Thousand, Six Hundred and Eighty Two Dollars ($51,682) to be paid in accordance with
         the Contract Documents.


(2)      COMPLIANCE WITH LAW: The City is a public agency. All provisions of law applicable
         to public contracts are a part of this contract to the same extent as though set forth
         herein and will be complied with by the Contractor.


(3)      CONTRACT DOCUMENTS: The following Contract Documents relating to this
         Agreement are hereby made a part of and incorporated by reference into this
         Agreement: Contract Proposal, Faithful Performance Bond, Labor and Materials
         Payment Bond, Contractor’s Certificate Regarding Worker’s Compensation, Certificate
         of Insurance and Endorsement (Worker’s Compensation), Certificate of Insurance and
         Endorsement (General Liability), Plans and Specifications, CalTrans 1992 Standard
         Plans and Specifications, City of Brentwood Standard Plans and Specifications, Plans,
         and supplemental agreements, attachments, certifications, and endorsements applicable
         to this work, with all modifications incorporated in said documents prior to receipt of the
         Contract Proposals. Any work called for in one Contract Document not mentioned in
         another is to be performed and executed the same as if mentioned in all Contract
         Documents.




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Contractors are required by law to be licensed and regulated by the Contractor’s State
License Board which has jurisdiction to investigate complaints against contractors if a
complaint is filed within three years of the date of the alleged violation. Any questions
concerning a contractor may be referred to the Registrar, Contractors’ State License
Board, P.O. Box 26000, Sacramento, California 95826.

This Agreement is executed by the City upon approval by the City Council at their regular
scheduled meeting of October 26, 2004, and the Contractor has caused this Agreement to be
duly executed.


CITY OF BRENTWOOD                                             CASSANI LANDSCAPING:


By:                                  ___                     By: ________________________________
      John E. Stevenson, City Manager                        Authorized Representative of Contractor)


Dated: _________________, 2004                                Printed Name:             _______________


ATTEST:                                                       Title:                  _______________
                                                               (Attach Acknowledgment for Authorized
                                                               Representative of Contractor)
_____________________________
Karen Diaz, CMC
City Clerk                                                    Dated :____________________, 2004



APPROVED AS TO FORM:


______________________________
Dennis Beougher, City Attorney


(Attach Acknowledgment for Authorized Representatives of Contractor)




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                         CITY COUNCIL AGENDA ITEM NO. 12


Meeting Date: October 26, 2004

Subject/Title:   Approve a resolution to amend the Policy No. 10-10 – Policy and Procedures
                 for City Information Systems and Communications

Prepared by:     Gail Leech, Management Analyst

Submitted by: Pamela Ehler, Director of Finance and Information Systems



RECOMMENDATION
Approve a resolution to amend the Policy No. 10-10 – Policy and Procedures for City
Information Systems and Communications.

PREVIOUS ACTION
By Resolution No. 2004-05, City Council adopted Policy No. 10-10 – Policy and Procedures for
City Information Systems on January 13, 2004.

BACKGROUND
Routine e-mail messages are not intended to be retained as public records in the ordinary
course of City business. Pursuant to Government Code Section 6254(a), preliminary drafts,
notes, interagency, or intra-agency memoranda that are not retained by the City in the ordinary
course of business are exempt from disclosure as public records, provided that the public
interest in withholding those records outweighs the public interest in disclosure.

Due to electronic storage capacity, records management issues, and recent changes in Public
Records Law, e-mail messages will be electronically deleted by Information Systems from all
computer devices and systems on the thirtieth (30th) day after receipt, whether deleted by the
user or not. E-mail messages that are intended to be retained for long-term storage should be
placed in the appropriate subject file (in e-record folders), either electronically or in hard copy.
Such e-mail messages will be subject to the City’s Record Retention Schedule and may
become public records unless exempt from disclosure under other applicable provisions of the
Public Records Act (e.g., personnel files, attorney-client communications, etc.). Provisions will
be made for extended absences lasting longer than 30 days. Users should complete an IS
Service Request in order to put their e-mail account on hold during an extended absence.

FISCAL IMPACT
None.


Attachments: Resolution
             Amended Policy         and    Procedures     for   City   Information   Systems    and
             Communications
                                      RESOLUTION NO. ___

  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND
 POLICY NO. 10-10 - POLICIES AND PROCEDURES FOR CITY INFORMATION SYSTEMS
                     AND COMMUNICATION, POLICY NO. 10-10

              WHEREAS, by Resolution No. 2004-05, City Council adopted Policy No. 10-10 –
Policy and Procedures for City Information Systems on January 13, 2004;

               WHEREAS, routine e-mail messages are not intended to be retained as public
records in the ordinary course of City business;

             WHEREAS, electronic storage capacity, records management issues and recent
changes in Public Records Law have forced us to review our e-mail policy;

               WHEREAS, e-mail messages will be electronically deleted by Information
Systems from all computer devices and systems on the thirtieth (30th) day after receipt, whether
deleted by the user or not;

                WHEREAS, e-mail messages that are intended to be retained for long-term
storage should be placed in the appropriate subject file (in e-record folders), either electronically
or in hard copy. Such e-mail messages will be subject to the City’s Record Retention Schedule
and may become public records unless exempt from disclosure under other applicable
provisions of the Public Records Act (e.g., personnel files, attorney-client communications, etc.).

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

               Section 1. The Policy and Procedures for City Information Systems and
          Communications will be amended to reflect the changes outlined above.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a
regular meeting held on the 26th of October 2004 by the following vote:

AYES:

NOES:

ABSENT:


                                              Brian Swisher
                                              Mayor


Attest:



           Karen Diaz, CMC
           City Clerk
                             COUNCIL/ADMINISTRATIVE POLICY
Subject:                                     Policy No: 10-10          Date: October 26, 2004
Policy and Procedures For City
                                             Resolution No:            Page 1 of 19
Information Systems and
Communications

  1.     PURPOSE

  The City of Brentwood, hereinafter (“City”), is committed to providing employees with the
  business tools necessary in order to enhance efficiency in job performance and best serve the
  citizens of Brentwood.

  This policy sets forth the City’s policy with respect to the use of cellular telephones, computers,
  electronic mail (e-mail), intranet (internal City websites), mobile messaging systems, telephonic
  voice mail, Internet access, fax systems, Personal Digital Assistants (PDAs) and other
  electronic communications systems provided by the City of Brentwood. Furthermore, this policy
  is intended to supplement other City personnel policies that govern rules of conduct and
  performance in the workplace.

  2.     POLICY

         2.1     Applicability

         The provisions of this policy apply to all employees of the City of Brentwood, including,
         but not limited to, full-time, part-time and temporary employees, as well as volunteers,
         interns, agents and vendors.

         2.2     General Provision

         With the rapidly changing nature of electronic media and the etiquette which is
         developing among users of external on-line services and the Internet, this policy will not
         cover every situation. It does, instead, express the City’s philosophy and sets forth
         general principles to be applied to the use of cellular telephones, computers, e-mail,
         intranet (internal web based communication systems), mobile messaging systems,
         telephonic voice mail, Internet access, fax systems, PDAs and other electronic
         communications systems provided by the City of Brentwood.

         As a general rule, users must comply with Federal and State laws and City Policies and
         the terms of applicable contracts, including software licenses, while using City Electronic
         resources. Examples of applicable laws, rules and policies include privacy, copyright,
         trademark, obscenity, the Electronic Communications Privacy Act and the Computer
         Fraud and Abuse Act, which prohibit “hacking”, “cracking” and similar activities and the
         City of Brentwood Code of Conduct.

         Access to networks and computer systems owned by the City imposes certain
         responsibilities and obligations on City employees and is granted subject to City policies.
         Appropriate use should always be legal, ethical, reflect honesty, reflect community
         standards, and show restraint in the consumption of shared resources. It should
         demonstrate respect for individual property; ownership of data; system security
         mechanisms; an individual’s right to privacy, and the freedom from intimidation,
         discrimination, harassment, and unwarranted annoyance.              Appropriate use of
         computing and networking resources includes, but is not limited to, education,
         independent study, authorized research, communications and other official work of the

                                           City of Brentwood
                              COUNCIL/ADMINISTRATIVE POLICY
Subject:                                    Policy No: 10-10            Date: October 26, 2004
Policy and Procedures For City
                                            Resolution No:              Page 2 of 19
Information Systems and
Communications

         City organization.

         2.3      Authorized users are those who have been given specific permission to use a
         particular computing, communication or network resource owned or operated by the
         City. This document establishes rules and prohibitions that define acceptable use of
         these systems.

         2.4     Expectation of Privacy

         The City information and communication network is provided by the City to individual
         employees based on Department Director authorization, and is considered City property.
         All employee transactions on the Internet from City computers - including e-mail, contact
         lists, task lists - are considered public information and records of these transactions can
         be requested by anyone at any time, subject to certain Public Records Act exceptions
         and attorney-client privilege material. In that regard, the Internet may be monitored for
         legitimate reasons. Therefore, employees using the Internet shall have no reasonable
         expectation of privacy when using this system.

         Messages that are transmitted via the Internet can be intercepted by anyone and the
         information contained in the message can be used for any purpose by anyone retrieving
         the message. Access to the Web Browser is being logged and these files can be subject
         to review.

         Users should also be aware that their uses of City computing resources are not
         completely private. While the City does not routinely monitor individual usage of its
         computing resources, the normal operation and maintenance of the City’s computing
         resources require the backup and caching of data and communications, the logging of
         activity, the monitoring of general usage patterns and other such activities that are
         necessary for the rendition of service. The City may also specifically monitor the activity
         and accounts of individual users, including individual login sessions and the content of
         individual communications without notice when:

             2.4.1      Approval has been received by the Department Director and/or City
         Manager. Information Systems (IS) will not review any activity unless directed by the
         appropriate individual(s).

               2.4.2     It reasonably appears necessary to do so to protect the integrity, security
         or functionality of the City or other computing resources or to protect the City from
         liability;

              2.4.3      There is reasonable cause to believe that the user has violated or is
         violating this policy;

              2.4.4     An account appears to be engaged in unusual or unusually excessive
         activity;

               2.4.5    It is otherwise required or permitted by law.



                                          City of Brentwood
                             COUNCIL/ADMINISTRATIVE POLICY
Subject:                                     Policy No: 10-10             Date: October 26, 2004
Policy and Procedures For City
                                             Resolution No:               Page 3 of 19
Information Systems and
Communications


         Since there is no expectation of privacy, no employee shall use any password or other
         means to prevent the monitoring process of their computer by Department Directors,
         supervisors, etc. For security reasons only, password control and other means may be
         used by an employee to secure a computer or computer data with written permission
         from the Department Director. The written permission shall contain the password or code
         necessary to unlock the computer or its data if deemed necessary by the Department
         Director. Employees shall reveal all passwords to their supervisors, and Department
         Directors shall maintain a secure written record of the passwords that reduce or prohibit
         access to computers, computer systems, or other computer data.

         2.5      Ownership, Accountability and User Responsibilities

         E-mail, fax, telephonic voice mail, cellular phones, internal City websites, Internet access
         and other electronic communications systems are provided only for the purpose of
         conducting City business. All electronic communications of any sort or type generated
         by employees with City equipment or stored on City equipment are the property of the
         City of Brentwood and, therefore, are not considered private. Upon termination of
         employment, no employee shall remove any software or data from City-owned
         computers.

         The City recognizes that there may be incidental occasional personal use of cellular
         telephones, e-mail or voice mail, but these messages will be treated the same as other
         messages. The City reserves the right to access and disclose as necessary all
         messages sent over its e-mail or voice mail system, without regard to content. Since
         personal messages can be accessed by the City management without prior notice,
         employees should not use e-mail or voice mail to transmit any messages that the
         employee would not want read, or listened to, by a third party. For example, the
         employee should not use the City’s Internet, e-mail, or telephonic voice mail,
         communications systems for gossip, including personal information about the employee
         or others, for forwarding messages under circumstances likely to embarrass the sender,
         or for emotional responses to business correspondence or work situations. In any event,
         the employee should not use these systems for such purposes as soliciting or
         proselytizing for commercial ventures, political, religious or personal causes, or outside
         organizations, viewing or sending sexually explicit information, or other non-job-related
         situations. If the City discovers that you are misusing the Internet e-mail system,
         telephonic or telephonic voice mail systems, you will be subject to disciplinary action up
         to and including termination.

         All software programs, computer files, and other documents created by City employees
         on City computer or other electronic systems are the property of the City and therefore
         exclusively owned by the City.

               2.5.1     All users have the following responsibilities:

                     2.5.1.1    Report Unauthorized Access.            Report any discovered
               unauthorized access attempts or other improper usage of City computers, networks,

                                            City of Brentwood
                             COUNCIL/ADMINISTRATIVE POLICY
Subject:                                     Policy No: 10-10           Date: October 26, 2004
Policy and Procedures For City
                                             Resolution No:             Page 4 of 19
Information Systems and
Communications

             or other information processing equipment. If a user observes or receives a report of
             a security or abuse problem with any City computer or network facilities, including
             violations of this policy, the user must take immediate steps as necessary to ensure
             the safety and well-being of information resources; advise the Department Director
             and the Chief Information Systems Officer.

                    2.5.1.2       Privacy. Routine computer behavior is to respect the rights of
             privacy for all, including but not limited to, files of personal information and programs,
             no matter on what medium they are stored or transmitted. No user should look at,
             copy, alter, or destroy anyone else’s personal files without explicit permission
             (unless authorized or required to do so by law or regulation). Simply being
             able to access a file or other information does not imply permission to do so.

                      2.5.1.3   Ethical Behavior. To behave ethically, and comply with all legal
             restrictions regarding the use of information that is the property of others. No
             material or verbiage should be put into the City’s information technology systems
             that could not be displayed in an open public forum, with the exception of City
             sanctioned confidential material.

                      2.5.1.4     Information Integrity. To be aware of the potential for and
             possible effects of manipulating information, especially in electronic form, and to
             verify the integrity and completeness of information that is compiled or used.

                    2.5.1.5      Security and Backups. Due to the need to maintain appropriate
             back up of all City data, City data should NOT be stored on personal hard drives. All
             City data is required to be stored on the network drives and will be backed up by
             Information Systems. Data stored on personal hard drives will not undergo proper
             and mandatory backup and therefore may be lost.

                    2.5.1.6    Outside Networks. Many of the City computing systems provide
             access to outside networks, both public and private, which furnish electronic mail,
             information services, bulletin boards, conferences, etc. Users are advised that they
             may encounter material that may be considered offensive or objectionable in nature
             or content. Users are further advised that the City does not assume responsibility for
             the contents of any of these outside networks. The user agrees to comply with the
             acceptable use guidelines for whichever outside networks or services they may
             access through City systems.

                    2.5.1.7    Investigative Activities.         If a user is contacted by a
             representative from an external organization (District Attorney’s Office, FBI, etc.) who
             is conducting an investigation of an alleged violation involving City computing and
             networking resources, the user must refer the requesting agency to their Department
             Director who will contact the City Attorney for guidance regarding the appropriate
             actions to be taken. The Department Director will simultaneously inform the City
             Clerk and City Manager.




                                           City of Brentwood
                               COUNCIL/ADMINISTRATIVE POLICY
Subject:                                      Policy No: 10-10          Date: October 26, 2004
Policy and Procedures For City
                                              Resolution No:            Page 5 of 19
Information Systems and
Communications


         2.6     Prohibited Uses

                 2.6.1 Installing programs on the City's computer systems (including virus
         checking, screen savers and Internet downloads) without prior written consent of the
         Chief Information Systems Officer;

                 2.6.2 Unauthorized copy of City software programs for personal use. No
         employee shall install pirated, personal or non-licensed software on City-owned or
         leased PCs, laptops, or PDAs, or violate any copyright or license to software, information
         (including, but not limited to, text images, icons, programs, etc.) whether created by the
         City or any other person or entity;

               2.6.3 Use of another employee’s password to attempt to gain access to that
         employee’s computer, electronic mail (e-mail), intranet (internal City website), mobile
         messaging, telephonic voice mail, Internet access or other electronic communications
         system, without prior consent of their immediate Supervisor or Chief Information
         Systems Officer;

                 2.6.4 Connect computers (including laptops and personal computers) not
         owned or leased by the City to the City's information systems network without the prior
         written consent of the Chief Information Systems Officer. Further, any and all personal
         equipment connected to the City system, i.e., locally or via VPN is subject to being
         audited at the discretion of the City;

                2.6.5 Disclose access codes, log-on or passwords or otherwise make the City
         electronic resources available to persons not authorized to have such access;

                  2.6.6   The use of City computer resources for private business or commercial
         activities;

                2.6.7 Misrepresentation (including forgery) of the identity of the sender or
         source of an electronic communication;

               2.6.8      Violation of any federal, state or local laws in the use of City information
         systems;

                 2.6.9 Infringe on others' access and use of the City's information systems,
         including, but not limited to:

                   2.6.9.1.1   Sending of excessive messages, either locally or off-site;

                   2.6.9.1.2 Interference with or disruption of the computer or network accounts,
                   services, or equipment of others, including, but not limited to, the willing
                   propagation of computer “worms” and “viruses”, the sending of electronic chain
                   mail, and the inappropriate sending of “broadcast” messages to large numbers
                   of individuals or hosts;


                                            City of Brentwood
                                 COUNCIL/ADMINISTRATIVE POLICY
Subject:                                       Policy No: 10-10          Date: October 26, 2004
Policy and Procedures For City
                                               Resolution No:            Page 6 of 19
Information Systems and
Communications


                     2.6.9.1.3 Alteration of the content of a message originating from another
                     person or computer with intent to deceive;

                     2.6.9.1.4 Unauthorized modification of system facilities, operating systems or
                     disk partitions;

                     2.6.9.1.5   Attempting to crash or tie up a City computer or network;

                     2.6.9.1.6   Unauthorized scanning of networks for security vulnerabilities;

                     2.6.9.1.7 Unauthorized wiring, including attempts to create unauthorized
                     network connections, or unauthorized extension or retransmission of any
                     computer or network services;

                     2.6.9.1.8 Attempting or gaining unauthorized access to or damaging or
                     vandalizing City computing facilities, equipment, software, or computer files;

                     2.6.9.1.9 Developing or using programs which disrupt other computer users,
                     access private or restricted portions of the system, and/or damage software or
                     hardware components of the system;

                     2.6.9.2.0 Install or use a modem on City owned or leased computers without
                     the prior written consent of the Chief Information Systems Officer.

      2.7      Violations

            Any employee found to have violated this policy may have his/her access to the Internet
            limited or revoked completely and may be subject to formal disciplinary action up to and
            including termination from City employment.

            2.7.1 Initially, the employee shall be informed of the alleged breach, given an
            opportunity to respond to the allegation, and if unable to provide a satisfactory
            explanation, be asked to desist from or, if applicable, to remedy the breach. However,
            if the initial breach is a serious breach, the City employee may be disciplined up to
            and including termination.

            2.7.2 If a breach is not desisted from or remedied, City of Brentwood may either
            withdraw the employee’s access to the Internet or provide a first warning to the
            employee, to which the employee shall have an opportunity to respond or, subject to
            above, cited for a serious breach and disciplined up to and including termination.


            2.7.3 If the infringing conduct continues, whether a serious or minor breach, the
            employee may be given a second and third warning, to each of which he or she shall
            have an opportunity to respond.



                                             City of Brentwood
                             COUNCIL/ADMINISTRATIVE POLICY
Subject:                                     Policy No: 10-10           Date: October 26, 2004
Policy and Procedures For City
                                             Resolution No:             Page 7 of 19
Information Systems and
Communications

         2.7.4 If even a minor breach is committed after the third warning, the employee may be
         terminated.

  3. WEB (Internet / Intranet) USAGE / REQUIREMENTS

  Internet resources are made available to City staff to improve communications and information
  exchange with citizens and others and to provide an information and research resource. The
  Internet is a global electronic information infrastructure of networks used by educators,
  business, government, and other communications, certain restrictions are necessary to avoid
  improprieties and ensure that established standards are met. To reduce potential liability, the
  risk of inappropriate use, and possible adverse public perceptions, City provided Internet
  resources are to be used for official City business purposes. City information network resources
  shall not be used for illegal, harassing, libelous, obscene or other purpose which could expose
  City to liability or cause an adverse public perception of City during or outside City business
  hours. All components of the City’s Internet resources (hardware and software) are the property
  of the City and remain subject to the City’s control. Unnecessary and unauthorized Internet
  usage causes network and server congestion, has an adverse impact on other users, is an
  ineffective use of City time and equipment, and ultimately may have an adverse impact on the
  public’s perception of City staff. This Internet policy is designed to help employees understand
  the City’s expectation for the use of Internet resources provided. The Internet provided by the
  City is a business tool and should not be abused.

      3.1 Internet Privacy

      Since Internet access and use are intended to be used for City business, City employees
  shall have no right or expectation of privacy or confidentiality in any Internet activity using City
  equipment or networks. This includes Internet activity that occurs after business hours by an
  employee who has prior permission to use the Internet for personal use. The City has software
  and systems that monitor and record all Internet usage. Each World Wide Web site visit, chat
  room, and newsgroup, into and out of our internal networks is recorded. Department Directors,
  management and supervisors shall have the right to review any internet activity of any
  employee supervised by them at any time for any reason. The City reserves the right to inspect
  any and all files stored in private areas of our network in order to assure compliance with this
  policy.

      3.2 Purpose of the Internet

     The purpose of the Internet is to distribute information to public constituencies or to research
  various City related matters. The City understands that there may be a necessary occasion to
  use the internet for personal business during business hours; however, these are exceptions
  and the general rule is that during business hours an employees’ Internet access is for
  business-related purposes. However, employees may use the Internet for non-business
  research or appropriate browsing during mealtime, break or outside of work hours. Employee
  uses the system at his/her own risk, with no right or expectation of privacy or confidentiality,
  provided the remaining provisions of this policy are not violated. City employees must conduct
  themselves honestly, appropriately, and in a professional manner on the Internet. All existing
  City policies apply to an employee’s conduct on the Internet, including but not limited to, those

                                           City of Brentwood
                             COUNCIL/ADMINISTRATIVE POLICY
Subject:                                     Policy No: 10-10           Date: October 26, 2004
Policy and Procedures For City
                                             Resolution No:             Page 8 of 19
Information Systems and
Communications

  that deal with privacy, misuse of City property, harassment, information and data security and
  confidentiality. This includes sexually explicit or offensive material accessed through or
  received through the Internet. In addition, sexually explicit or offensive material may not be
  archived, stored, distributed, edited or recorded using City network or computing resources. If
  an employee finds him/herself inadvertently connected to a site that contains sexually explicit or
  offensive material, he/she shall immediately disconnect from that site and notify his/her
  immediate supervisor so they are aware that the connection was not intentional. Any software
  that is downloaded must be approved by the Department Director or Supervisor and inspected
  by the Chief Information Systems Officer or designee, prior to installation to ensure the software
  will not harm the computer or City network. Additionally, the software must be properly licensed
  and registered. Downloaded software must be used only under the terms of its license.
  Employees with Internet access may not use City Internet facilities to listen to Internet radio, or
  download images or videos or sound files unless there is an explicit business-related use for the
  material or with an approval of the Department Directors or Supervisor.

      3.3 Uses

     All Internet activities should be directly related to City business. Listed below are examples of
  permitted and prohibited uses of the City Internet system. This list is not exhaustive and
  common sense and good judgment should be used in determining whether the user is engaging
  in an activity that will violate this Internet policy. If an employee has a question regarding
  whether an activity is permitted, he/she shall get the permission of his/her Department Director,
  Manager, or Supervisor before proceeding with the Internet activity.

      3.3.1      Examples of Appropriate/Permitted Use

         3.3.1.1 Obtaining information regarding City business (e.g. policy, legislation, public
         meetings, technical research, etc.).

         3.3.1.2 General announcements within the scope of the sender’s job responsibilities
         (e.g. City sponsored events, professional associations etc.).

         3.3.1.3 Providing information regarding City business to the public (e.g. City Council
         meeting agendas or minutes, key points of contact, etc.).

      3.3.2      Examples of Inappropriate/Prohibited Use

         3.3.2.1 Generating, sending, requesting, receiving or archiving any material in any form
         (e.g. text or graphics) which contains any comment or image that is discriminatory,
         offensive, defamatory or harassing in nature.

         3.3.2.2 Displaying sensitive or offensive material, resulting in a perceived "hostile
         environment" to coworkers.

         3.3.2.3 Violating software licensing laws by illegally downloading software.

         3.3.2.4 Conducting personal business from the City’s server (e.g. placing or advertising

                                           City of Brentwood
                                 COUNCIL/ADMINISTRATIVE POLICY
Subject:                                         Policy No: 10-10           Date: October 26, 2004
Policy and Procedures For City
                                                 Resolution No:             Page 9 of 19
Information Systems and
Communications

             items for sale), except in the designate Intranet site provided by the City for this purpose.

             3.3.2.5 Visiting   inappropriate sites   allowing    the    City’s    domain      (e.g.
             johndoe@ci.brentwood.ca.us) to be captured, which could result in negative publicity or
             adverse public reaction.

             3.3.2.6 Illegal activities (e.g. gambling, placing wagers or bets, buying drugs, etc.).

             3.3.2.7 Copyright infringement (3rd Party Liability) - involves copyright or intellectual
             property violations for unauthorized downloading or forwarding of protected information.

             3.3.2.8 Logging on to or leaving Internet running all day, unless necessary for a
             business-related purpose (e.g. using website as wallpaper, screen savers, or using
             instant messaging, audio/video streaming, etc.).

             3.3.2.9. Creating acts of fraud, waste or abuse through Internet activities.

       3.4      Web Postings

          3.4.1 Department Directors should appoint a person or team to update content of
          departmental pages. All pages are subject to format and content guidelines determined
          by the City standards.

          3.4.2 The established web page design templates, content suggestions and posting
          procedures must meet the City standards.

          3.4.3 Departments may not create or contract for their own web sites, or acquire or use
          a domain name other than www.ci.brentwood.ca.us, without prior approval of the City
          Manager.

          3.4.4 Departments and other entities using space on the city’s Web site are
          responsible for content and accuracy of their pages. All new web content must come
          from the Department Director or department designee.

          3.4.5 The web content must not disseminate information that violates the tenets of this
          policy.

  4.      Electronic Mail (e-mail):

  The purpose of this policy is to ensure the proper use of the City’s e-mail system and make
  users aware of what the City deems as acceptable and unacceptable use of its e-mail system.
  The City reserves the right to amend this policy at its discretion. In case of amendments, users
  will be informed appropriately.

       4.1 Legal Risks / Legal Requirements

       E-mail is a business communication tool and users are obliged to use this tool in a


                                               City of Brentwood
                             COUNCIL/ADMINISTRATIVE POLICY
Subject:                                       Policy No: 10-10         Date: October 26, 2004
Policy and Procedures For City
                                               Resolution No:           Page 10 of 19
Information Systems and
Communications

     responsible, effective and lawful manner. Although by its nature e-mail seems to be less
     formal than other written communication, the same laws apply. Therefore, it is important that
     users are aware that any of the following scenarios could expose the City and/or the
     employee to liability. It is prohibited to:

         4.1.1   Send e-mails with any libelous, defamatory, offensive, racist or obscene remarks;

         4.1.2 Forward e-mails with any libelous, defamatory, offensive, racist or obscene
         remarks;

         4.1.3 Forward confidential information to persons outside the City without acquiring
         permission from the sender first;

         4.1.4 Unlawfully     forward    or     copy    messages   without   permission    (copyright
         infringement);

         4.1.5   Knowingly send an attachment that contains a virus;

         4.1.6   Forge or attempt to forge e-mail messages;

         4.1.7   Disguise or attempt to disguise your identity when sending mail;

         4.1.8   Send e-mail messages using another person’s e-mail account.

     By following the guidelines in this policy, the e-mail user can minimize the legal risks involved
     in the use of e-mail. If any user disregards the rules set out in this Policy, the user may be
     fully liable and the City will disassociate itself from the user as far as legally possible.

     4.2 Best Practices

     The City considers e-mail as an important means of communication and recognizes the
     importance of proper e-mail content and speedy replies in conveying a professional image
     and delivering good customer service. Users should take the same care in drafting an e-mail
     as they would for any other communication. Therefore, the City wishes users to adhere to
     the following guidelines:

         4.2.1   Writing e-mails

                 4.2.1.1   Write well-structured e-mails and use short, descriptive subjects.

                 4.2.1.2 The City’s e-mail style is informal. This means that sentences can be
                 short and to the point. You can start your e-mail with ‘Hi’, or ‘Dear’, and the name
                 of the person. Messages can be ended with ‘Best Regards’.

                 4.2.1.3 If you use a signature, it should include your name, job title and
                 department name. A disclaimer may be added underneath your signature (see
                 Disclaimer, Section # 4.10, Page 13).


                                              City of Brentwood
                             COUNCIL/ADMINISTRATIVE POLICY
Subject:                                     Policy No: 10-10          Date: October 26, 2004
Policy and Procedures For City
                                             Resolution No:            Page 11 of 19
Information Systems and
Communications


                 4.2.1.4   Users should spell check all e-mails prior to transmission.

                 4.2.1.5 Do not send unnecessary attachments. Compress attachments larger
                 than 200K before sending them. Contact any IS staff member should you need
                 assistance in doing this procedure.

                 4.2.1.6 The use of links to common documents instead of attaching a copy of
                 the document to a large number of users is encouraged.

                 4.2.1.7   Do not write e-mails in all capitals.

                 4.2.1.8 If you forward e-mails, state clearly what action you expect the
                 recipient to take.

                 4.2.1.9 Only send e-mails of which the content could be displayed on a public
                 notice board. If they cannot be displayed publicly in their current state, consider
                 rephrasing the e-mail, using other means of communication, or protecting
                 information by using a password (see Confidential, Section #4.6, page 13).

                 4.2.1.10 Only mark e-mails as important if they really are important.

         4.2.2   Replying to e-mails

                 4.2.2.1 E-mails should be answered within at least 8 business hours, but users
                 must endeavor to answer priority e-mails within 4 business hours. This excludes
                 weekends, holidays and vacations. During those times, Out Of Office Assistant
                 should be used.

                 4.2.2.2 Priority e-mails are defined as e-mails from existing customers, internal
                 or external, and business partners.

  4.3 Newsgroups

         4.3.1 Users need to request permission from their supervisor before subscribing to a
         newsletter or server news group that has a fee attached to the subscription.

  4.4 Maintenance / E-Mail Retention

         4.4.1   Routine e-mail messages are not intended to be retained as public records in the
                 ordinary course of City business. Pursuant to Government Code Section
                 6254(a), preliminary drafts, notes, interagency, or intra-agency memoranda that
                 are not retained by the City in the ordinary course of business are exempt from
                 disclosure as public records, provided that the public interest in withholding those
                 records outweighs the public interest in disclosure.

         4.4.2   Due to electronic storage capacity, records management issues, and recent


                                           City of Brentwood
                             COUNCIL/ADMINISTRATIVE POLICY
Subject:                                     Policy No: 10-10           Date: October 26, 2004
Policy and Procedures For City
                                             Resolution No:             Page 12 of 19
Information Systems and
Communications

                 changes in Public Records Law, e-mail messages will be electronically deleted
                 by Information Systems from all computer devices and systems on the thirtieth
                 (30th) day after receipt, whether deleted by the user or not. E-mail messages
                 that are intended to be retained for long-term storage should be placed in the
                 appropriate subject file (in e-record folders), either electronically or in hard copy.
                 Such e-mail messages will be subject to the City’s Record Retention Schedule
                 and may become public records unless exempt from disclosure under other
                 applicable provisions of the Public Records Act (e.g., personnel files, attorney-
                 client communications, etc.). Provisions will be made for extended absences
                 lasting longer than 30 days. Users should complete an IS Service Request in
                 order to put their e-mail account on hold during an extended absence.

         4.4.3   Received e-mail messages are electronically deleted from Outlook on the 30th
                 day after they are received, whether they have been read or not.

         4.4.4   Sent e-mail messages are electronically deleted from Outlook on the 30th day
                 after they are sent.

         4.4.5   Unless automatic deletion default is selected, deleted e-mail messages are
                 electronically deleted from Outlook on the 30th day after they are received or
                 sent.

         4.4.6   Voice mail messages are also electronically deleted from Outlook on the 30th
                 day after they are received, whether they have been heard or not.

         4.4.7   E-mail messages are limited to 10 megabytes in size for both sent or received
                 messages and attachments, unless an increase has been approved by your
                 supervisor or director and I.S. has been notified. Files larger than 10 megabytes
                 should be uploaded to the File Transfer Protocol (FTP) server
                 (ftp://ftp.ci.brentwood.ca.us) for outside agencies, or dropped into the L:Drive for
                 internal pick up.

             4.4.7.1 The common “L” Drive on the City server has two primary purposes:

                      Temporary – File transfer when a document is too large to e-mail, or to
                      share with another department. Files are to be removed from the “L” drive
                      when project or transfer of document is completed. The recommended
                      procedure is to use the FTP process.

                      Long-Term – Central location where certain documents can be accessed
                      and transferred on a regular basis (such as policies, agendas, forms). The
                      recommended procedure is to post such documents in the Intranet.

                      The “L” Drive will be audited regularly and purged of obsolete or outdated
                      information. The department secretary shall regularly monitor the “L” drive
                      to keep it streamlined.



                                            City of Brentwood
                             COUNCIL/ADMINISTRATIVE POLICY
Subject:                                     Policy No: 10-10           Date: October 26, 2004
Policy and Procedures For City
                                             Resolution No:             Page 13 of 19
Information Systems and
Communications

         4.4.8   Personal e-mails the user wishes to keep, should be sent to the user’s home
                 computer for storage.

         4.4.9 Users are responsible for backing up their e-mails to Outlook PST files. However
         there is a 1GB system limitation on the size of a PST file. Users, however, may have
         multiple PST files. It is important to remember that even though e-mails are stored in
         personal folders, they are still considered a public record.

  4.5 E-Mail Quota

         4.5.1 E-mail Quota is implemented for all Mailboxes, the size is 150MB, users will
         receive warning when they reach a limit of 120MB. If a user ignores the warnings and
         the mailbox reaches a limit of 150MB, he/she will no longer be able to send or receive e-
         mail before clearing their Mailbox.

         4.5.2 There is a size limit of 10MB for e-mail attachments. Files larger than 10MB can
         be exchanged using the City FTP server. For storage capacity purposes, FTP uploads
         will be deleted seven (7) days after the date of the upload.

  4.6 Confidential information

      It is recommended that confidential information not be sent via e-mail. However, if you are
      in doubt as to whether to send certain information via e-mail, check with your supervisor.

  4.7 Encryption

      Users may not encrypt any e-mails without obtaining written permission from their
      supervisor. If approved, the encryption key(s) must be made known to the City.

  4.8 E-Mail Retention

      The City is not implementing any retention policy for e-mail. Users are responsible to
      backup the messages they would like to retain to personal folders.

  4.9 E-mail Accounts

      All e-mail accounts maintained on our e-mail systems are property of The City. Passwords
      should not be given to unauthorized people.

  4.10 Disclaimer

       The following disclaimer may be added to each outgoing e-mail:

       ‘This e-mail and any files transmitted with it are confidential and intended solely for the use
       of the individual or entity to whom they are addressed. If you have received this e-mail in
       error please notify the system manager. Please note that any views or opinions presented
       in this e-mail are solely those of the author and do not necessarily represent those of the

                                           City of Brentwood
                             COUNCIL/ADMINISTRATIVE POLICY
Subject:                                    Policy No: 10-10           Date: October 26, 2004
Policy and Procedures For City
                                            Resolution No:             Page 14 of 19
Information Systems and
Communications

        City. Finally, the recipient should check this e-mail and any attachments for the presence
        of viruses. The City accepts no liability for any damage caused by any virus transmitted by
        this e-mail.’

   4.11 “All Employee” or City Group(s) E-mails:

       “All employee” or City Group(s) e-mails must be of a business nature and must affect the
       majority of City employees. The City's Intranet site provides an ideal means through which
       employees can advertise personal items for sale. Advertisements can be e-mailed to the
       City of Brentwood Webmaster and will be posted on the City’s internal website (Intranet).
       Advertisements can be posted only by City employees and that employee must be the
       contact for the advertisement.

       Common sense should prevail when using the City’s e-mail system. If at any time you are
       unsure if the content of your e-mail is appropriate, DO NOT SEND. It is always best to
       check with your supervisor prior to sending an e-mail of a questionable nature.

  5.      Voice Mail Messaging Requirements

  Voice mail is a rapidly developing technology that has a tremendous potential to improve
  internal communications within the City as well as enhance our ability to serve the public. Along
  with this goes a responsibility to understand the impact of this technology, on the way we do
  business, how the public perceives us, etc. The goal is to recognize that it is the public who
  should be primarily served by voice mail and that every decision made during the administration
  of this system should consider this fact.

          5.1    Employees will keep their outgoing message(s) and/or announcements
                 professional, timely and accurate. Outgoing messages should not contain jokes,
                 jargon, offensive language, music, etc., in their announcements.

          5.2    During periods of extended absence (vacations, conferences, trips, illness, etc.)
                 employees should arrange to have mailbox coverage and/or an appropriate
                 announcement directing the caller elsewhere.

          5.3    Employees shall check messages regularly and an attempt should be made to
                 promptly return calls within 24 business hours.

          5.4    Employees will not use voice mail to screen calls.

          5.5     The “City of Brentwood” shows up for those call recipients that have caller I.D.
          Therefore, any calls made from the City of Brentwood, represent the caller as being the
          City of Brentwood, and employees are thus held accountable for information transmitted
          via City phones.

          5.6    The voice messaging system is part of the City of Brentwood’s unified messaging
          system (which includes e-mail) and is therefore subject to review and audit, if necessary,
          by the City.


                                           City of Brentwood
                             COUNCIL/ADMINISTRATIVE POLICY
Subject:                                    Policy No: 10-10           Date: October 26, 2004
Policy and Procedures For City
                                            Resolution No:             Page 15 of 19
Information Systems and
Communications


  6.     Cellular Telephone Requirements and Usage

         6.1    Employees may be issued a cellular phone if authorized by the Department
         Director. Department Directors have the authority to approve a cellular phone request
         based on sufficient City employee need and departmental budget funds. The
         department should annually review the list of users to ensure that designated employees
         continue to demonstrate a need for the cellular phone.

         6.2    City issued cellular phones are the property of the City of Brentwood and should
         be used for City related business only. Use of City-owned cellular phones for outside
         business ventures not related to City business is prohibited.          The opportunity is
         available, with director approval, for the employee to obtain an alternate phone line to be
         used for personal use and paid for by the employee directly to the service provider.

         6.3.    The City recognizes that there may be incidental occasional personal use of
         cellular telephones, but messages will be treated the same as other messages. The City
         reserves the right to access, review, audit and disclose as necessary all incoming
         messages from a City-owned cellular phone, without regard to content.

         6.4     In the event that a City-owned cellular phone is lost or stolen, the employee must
         notify his supervisor immediately so that the appropriate City staff can be informed and
         address the situation with the carrier. In the case of a theft, a police report must also be
         filed immediately.

         6.5     Occasionally, employees who do not have a City-issued cellular phone may need
         to use their personal cellular phone for critical City business. These calls may be eligible
         for reimbursement by the City, provided no other option (i.e., pay phone, hotel or home
         phone) is available. Request for reimbursement should be submitted on an expense
         reimbursement form, attaching a copy of the monthly cellular phone bill with business
         calls highlighted.


  7.     Telecommuting / Accessing City Files from Home

         7.1    Employees may, from time to time, need to work from home and may use their
         personal computer to do so. However, the City reserves the right to audit any personal
         computer of any employee accessing City files from their personal computer. Users who
         do not wish to be subject to possible audit of their personal computer may request a City
         laptop be provided to access City resources from remote sites.

  8.     Systems – Computer, Software, Downloads

         8.1     Only the I.S. staff has the authority to install software on City-owned computers.
         This is done via service request and should be a job-related requirement.

         8.2    Passwords – Employees are prohibited from the unauthorized use of the


                                           City of Brentwood
                             COUNCIL/ADMINISTRATIVE POLICY
Subject:                                    Policy No: 10-10           Date: October 26, 2004
Policy and Procedures For City
                                            Resolution No:             Page 16 of 19
Information Systems and
Communications

         passwords of other employees to gain access to the other employee’s workstation
         computer, e-mail or voice mail messages.

         This password is maintained by the I.S. department. If you need to change a password,
         contact a member of I.S. and inform them of this change. I.S. requires knowledge of
         your current password at all times. Passwords should not be easily discernible by
         others, either by simplicity (i.e., “password”) or by familiarity (such as a pet or child’s
         name). Each password should contain at least five (5) characters. A combination of
         letters and numbers is recommended, but not required.

         If it is required that another have access to information protected by your password, that
         access can only be granted by a supervisor, director, or the I.S. Department, in writing.
         An e-mail from any one of these individuals constitutes permission. Information that a
         user obtains through this special privilege is to be treated as private and confidential.

  9.     Fax Machines

         9.1    Use of City fax machines should be for City business purposes only. In the event
         that a need for personal use should arise, permission from your supervisor must be
         obtained.

         9.2   City fax machines encode “City of Brentwood” on all documents faxed from the
         City. As such, all users of the City fax machine are represented as being the City.
         Each employee is therefore held individually accountable for information sent from the
         City.

  10.    Password and Encryption Key Security and Integrity

         10.1    All system passwords and encryption keys must be available to City
                 management, and you may not use passwords that are unknown to your
                 supervisor or install encryption programs without prior written permission of the
                 Chief Information Systems Officer and without turning over encryption keys to the
                 City.

         10.2    Employees are prohibited from the unauthorized use of the passwords and
                 encryption keys of other employees to gain access to the other employee’s
                 workstation computer, e-mail or voice mail messages. The City will not give out
                 any logins or passwords to non-management persons other than the one stated
                 above.

  EFFECTIVE DATE:

        This policy is made effective as of December 1, 2004. This policy shall remain in full force
        and effect until rescinded and may be amended from time to time at the sole determination
        of the City.




                                           City of Brentwood
                             COUNCIL/ADMINISTRATIVE POLICY
Subject:                                     Policy No: 10-10           Date: October 26, 2004
Policy and Procedures For City
                                             Resolution No:             Page 17 of 19
Information Systems and
Communications


  Glossary

  Archive – A collection of computer files that have been packaged together for backup, to
  transport to some other location, for saving away from the computer so that more hard disk
  storage can be made available, or for some other purpose. An archive can include a simple list
  of files or files organized under a directory or catalog structure (depending on how a particular
  program supports archiving).

  Compression – The reduction in size of data in order to save space or transmission time. For
  data transmission, compression can be performed on just the data content or on the entire
  transmission unit depending on the number of factors.

  Cracker – Someone who breaks into someone else’s computer system, often on a network;
  bypasses passwords or licenses in computer programs; or in other ways intentionally breaches
  computer security. A cracker can be doing this for profit, maliciously, for some altruistic purpose
  or cause, or because the challenge is there. Some breaking-and-entering has been done
  ostensibly to point out weaknesses in a site’s security system.

  Decryption – The process of converting encrypted data back into its original form so it can be
  understood.

  Electronic Mail – Electronic Mail (e-mail) may include non-interactive communication of text,
  data, images, or voice messages between a sender and a designated recipient by systems
  utilizing telecommunications links. It may also include correspondence transmitted and stored
  electronically using software facilities called e-mail, facsimile, or messaging systems; or voice
  messages transmitted and stored for later retrieval from a computer system.

  Encryption – The conversion of data into a form, called a ciphertext that cannot be easily
  understood by unauthorized people.

  Encryption Keys – An encryption method that uses the concept of a key ring. The key ring has
  two keys: a public key that is made available to everyone and a private key that is known only
  by the private key holder. The public and private keys are designed to work together. Anyone
  can use the public keys to encrypt data, but only the person with the corresponding private key
  can decrypt the data; this helps to protect the content of the message.

  FTP – File Transfer Protocol – A standard internet protocol, FTP is the simplest way to
  exchange files between computers on the internet. Like the Hypertext Transfer Protocol
  (HTTP), which transfers displayable Web pages and related files, FTP is an application protocol
  that uses the Internet’s TCP/IP protocols. FTP is commonly used to transfer Web page files
  from their creator to the computer that acts as their server for everyone on the Internet. It’s also
  commonly used to download programs and other files to your computer from other servers.

  Hacker – Term used by some to mean “a clever programmer” and by others, especially
  journalists or their editors, to mean “someone who tries to break into computer systems.”


                                           City of Brentwood
                              COUNCIL/ADMINISTRATIVE POLICY
Subject:                                      Policy No: 10-10           Date: October 26, 2004
Policy and Procedures For City
                                              Resolution No:             Page 18 of 19
Information Systems and
Communications

  Icons – A little picture on your screen that you can click on with your mouse. An icon can
  represent a file, program, peripheral or tool.

  Integrity – In terms of data and network security, integrity is the assurance that information can
  only be accessed or modified by those authorized to do so. Measures taken to ensure integrity
  include controlling the physical environment of networked terminals and servers, restricting
  access to data, and maintaining rigorous authentication practices. Data integrity can also be
  threatened by environmental hazards, such as heat, dust and electrical surges.

  Internet – A worldwide network of networks, connecting informational networks communicating
  through a common communications language or protocol.

  Internet Downloads – To transfer data or code from a far-away system (especially a larger
  host system) over a digital communications link to a nearby system.

  PDA – Personal Digital Assistant – a term for any small mobile hand-held device that
  provides computing and information storage and retrieval capabilities for personal or business
  use, often for keeping schedule calendars and address book information handy.

  Piracy – In terms of software - the illegal copying, distribution, or use of software.

  PST – Users create a .pst (personal storage file) to store messages that they consider important
  somewhere other than on the Exchange server. Based on the criticality of the information,
  users may decide to “back up” the .pst file to some removable medium, such as a CD-ROM for
  long term storage.

  Standards – Departmental directions or instructions describing how to achieve policy;
  Mandatory statement of direction.

  Telecommuting – To work outside the traditional office or workplace, usually at home or in a
  mobile situation.

  Unusual or Unusually Excessive – Not common or ordinary; exceeding what is normal, proper
  or reasonable.

  Users – The Public and City Employees

  Video Streaming – Playing video in real time - immediately as it is downloaded from the
  Internet, rather than storing it in a file on the computer and viewing at a later time.




                                            City of Brentwood
                                ACKNOWLEDGEMENT OF RECEIPT


               Policy and Procedures For City Information Systems and Communications
                                           Policy No. 10-10


My signature below is confirmation that I have received a copy of the Policy and Procedures for City
Information Systems and Communications, Policy No. 10-10 and that I understand that it sets forth the City’s
policy with respect to the use of cellular telephones, computers, electronic mail (e-mail), intranet (internal City
websites), mobile messaging systems, telephonic voice mail, Internet access, fax systems, Personal Digital
Assistants (PDAs) and other electronic communications systems provided by the City of Brentwood. I
understand that this policy is intended to supplement other City personnel policies that govern rules of
conduct and performance in the workplace. I further understand and agree that it is my responsibility to read
and familiarize myself with the provisions of this policy.




Employee's signature




Date of Receipt
                               CITY COUNCIL AGENDA ITEM NO. 13


Meeting Date:        October 26, 2004

Subject/Title:      Approve a Resolution authorizing and approving the application for
                    grant funds from the State Urban Parks and Healthy Communities Program

Prepared by:        Finance: Karen Wahl, Grants Administrator

Submitted by: Craig Bronzan, Parks and Recreation Director

RECOMMENDATION
Approve a Resolution approving the application for State Urban Parks and Healthy
Communities Program under the California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Act of 2002 for the Brentwood Union School District Joint-Use
Community Gymnasium Project.

PREVIOUS ACTION
On May 25, 2004, City Council approved Resolution No. 2004-117, approving the joint-use
agreement between the City and Brentwood Union School District (BUSD) for American Avenue
Middle School related to the American Avenue Gymnasium.

BACKGROUND
The Joint-Use Program authorized by Assembly Bill 16 allows a school district to utilize funds
from a joint-use partner to build a joint-use project the district would not otherwise be able to
build due to lack of financial resources. The City of Brentwood and Brentwood Union School
District have a longstanding working relationship in the development and utilization of joint-use
facilities. Many of these facilities also qualify for matching money from the State of California
due to the joint-use relationship that exists.

The State Joint-Use Program will provide 50% of the cost of constructing the American Avenue
Middle School gymnasium with the School District and the City of Brentwood sharing the rest of
the cost. The City is eligible to apply for a grant from the State Urban Parks and Healthy
Communities Program for to fund development of active recreational use facilities, such as the
new gymnasium.

The California Department of Parks and Recreation has been delegated the responsibility for
the administration of the State Urban Parks and Healthy Communities Program and have
established procedures requiring the City to certify by resolution approval of filing the application
for funds.

FISCAL IMPACT
The State Joint-Use Program funds 50% of the cost of approved joint-use facilities and requires
a 50% match from the school district. The total estimated cost of the new gymnasium at
American Avenue Middle School is $5,000,000. The City has agreed to provide $1.5 million and
the School District will provide $2.5 million. This grant request, if approved, will fund the
remaining $1,000,000. The project is included in the adopted 2004/05 – 2008/09 CIP program
and is a funded expense in years 2007/08 and 2008/09 through park development facility fees.




K:\kwahl\WPFILES\STAFRPTS\10-26-04 Urban Parks.doc
The proposal to the Urban Parks and Healthy Communities Program will request $1,000,000 for
this project. The State Urban Parks and Healthy Communities Program requires that the City
provide matching funds of at least 25% of the project cost. If successful, funding for the project
will be as follows:


 •       $2.5 million, Brentwood Union School District
 •       $1,000,000, California Urban Parks and Healthy Communities Program
 •       $1.5 million, City of Brentwood Park Development Facility Fees

Total Project Cost
       $5,000,000


Attachments:
Resolution
Site Map




K:\kwahl\WPFILES\STAFRPTS\10-26-04 Urban Parks.doc
                                                RESOLUTION NO.


         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
         APPROVING THE APPLICATION FOR THE STATE URBAN PARKS AND HEALTHY
         COMMUNITIES PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR,
         SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 FOR
         THE BRENTWOOD UNION SCHOOL DISTRICT JOINT-USE COMMUNITY
         GYMNASIUM PROJECT

       WHEREAS, the people of the State of California have enacted the California Clean
Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002, which provides
funds to the State of California for grants to eligible applicants; and

       WHEREAS, the California Department of Parks and Recreation has been delegated the
responsibility for the administration of the State Urban Parks and Healthy Communities Program
and the grant project shown above within the State, setting up necessary procedures; and

      WHEREAS, said procedures established by the California Department of Parks and
Recreation require the City Council to certify by resolution the approval of the application before
submission of said application to the State; and

        WHEREAS, the City of Brentwood will enter into a contract with the State of California
for the project.

         NOW THEREFORE BE IT RESOLVED THAT THE CITY OF BRENTWOOD HEREBY:

         1.       Approves the filing of an application for local assistance funds from the State
                  Urban Parks and Healthy Communities Program under the California Clean
                  Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002;
                  and

         2.       Certifies that the City of Brentwood and the Brentwood Union School District
                  have or will have sufficient funds to operate and maintain the project; and

         3.       Certifies that the City of Brentwood has reviewed, understands, and agrees to
                  the General Provisions contained in the contract shown in the Procedural Guide;
                  and

         4.       Certifies that the City of Brentwood has or will have available, prior to
                  commencement of any work on the project, the required match; and

         5.       Certifies that the project conforms to the recreation element of the City of
                  Brentwood General Plan; and

         6.       Appoints the Director of Parks and Recreation as agent to conduct all
                  negotiations, execute and submit all documents including, but not limited to,
                  applications, agreements, payment requests and so on, which may be necessary
                  for the completion of the project.




K:\kwahl\WPFILES\STAFRPTS\10-26-04 Urban Parks.doc
       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 26th day of October 2004 by the following vote:




K:\kwahl\WPFILES\STAFRPTS\10-26-04 Urban Parks.doc
                           CITY COUNCIL AGENDA ITEM NO. 14



Meeting Date: October 26, 2004

Subject/Title:   Authorize the City Manager to sell one (1) used Ford patrol vehicle to Contra
                 Costa Community College District

Prepared by:     Kevin King, Lieutenant

Submitted by: Michael R. Davies, Police Chief


RECOMMENDATION
Approve the attached Resolution to authorize the City Manager to sell one (1) used/surplus Ford
Crown Victoria police vehicle to the Contra Costa Community College District for use by their
Public Safety personnel for the patrol of local community college campuses.

PREVIOUS ACTION
On prior occasions, Council has authorized the distribution / sale of surplus City of Brentwood
police vehicles to allied local law enforcement agencies. Prior sales/distributions have been
made to the City of Oakley Police Department on two prior occasions.

BACKGROUND
On May 11th, 2004, the City Council approved the purchase/replacement of eight (8) patrol
vehicles, providing for the disposal, sale, and/or reallocation of approximately seven (7) vehicles
in fiscal year 2004/2005. On October 14, 2004, The Brentwood Police Department received a
request from the Public Safety Department of the Contra Costa Community College District as
to the potential availability of used/surplus police vehicles. The College District Public Safety
division, because of pressing budget constraints, and unanticipated vehicle failures found
themselves in near-crisis conditions related to availability of patrol vehicles, prompting this
request.

Sale/distribution of retired police vehicles in this manner has historically reduced incurred costs
by the City of Brentwood by minimizing the labor involved in removing emergency equipment
prior to making them available for public resale. Prior recipient allied agencies have expressed
gratitude to the City of Brentwood for making these police vehicles available to them for official
use. These vehicles, in similar condition, have been dispersed for unit prices ranging from
$3,000 to $5,000, depending on equipment.

The unit identified for this dispersal is BPD Unit #10 (2000 Crown Victoria), which was
previously scheduled to be replaced in the Spring/Fall of 2004.

FISCAL IMPACT
The revenue derived from the sale of surplus vehicles has historically augmented the existing
Vehicle Replacement fund. The agreed upon price of $5,000 for this sale is proposed to
supplement this existing fund.

Attachment:
Resolution
                                     RESOLUTION NO.

       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
       AUTHORIZING THE SALE OF ONE (1) SURPLUS FORD POLICE CAR TO THE
       CONTRA COSTA COMMUNITY COLLEGE DISTRICT

       WHEREAS, the 2004/2005 FY budget provided for replacement of eight (8) police
department used vehicles with new police vehicles; and

        WHEREAS, the Contra Costa Community College District Public Safety Department has
contacted staff and requested the assistance of the City of Brentwood in making a surplus
police vehicle available to their agency at a depreciated value;

        NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood
that the City Manager is authorized to dispose of one (1) used Ford police vehicle by means of
sale to the Contra Costa Community College District, and that the sale of this vehicle will
replenish the vehicle replacement fund with approximately $5,000.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on October 26, 2004 by the following vote:

       AYES:
       NOES:
       ABSENT:


                                                         _____________________________
                                                         Brian Swisher
                                                         Mayor


ATTEST:


__________________________________
Karen Diaz, CMC
City Clerk
                                 CITY COUNCIL AGENDA ITEM NO. 15



Meeting Date:      October 26, 2004

Subject/Title:     Reject claim presented by Cap’s Oak Street Bar & Grill

Prepare by:        Karen Diaz, City Clerk/Director of Administrative Services

Submitted by:  Karen Diaz, City Clerk/Director of Administrative Services
____________________________________________________________________________

RECOMMENDATION
Reject the claim of Cap’s Oak Street Bar & Grill presented on August 27, 2004 as
recommended by the City’s third party adjuster, Contra Costa County Municipal Risk
Management Insurance Authority, and the City Attorney.

PREVIOUS ACTION
None

BACKGROUND
Claimant, Cap’s Oak Street Bar & Grill, presented a claim in the amount between $23,000 to
$31,000 for damage to its patio, fence, tent frame and cover, electrical lighting, and removal of
tree remains. Claimant states that on July 4, 2004 a large tree growing on City property, as well
as Cap’s property, fell into its patio damaging its fence, its custom-made awning and frame, and
its electrical lightning.

The City was unaware of any problems with the subject tree. There was nothing reasonable the
City could have done to identify the condition of the tree prior to its loss, as it was behind a
common fence and under the property owner’s control to trim or remove damaged limbs. The
City received no complaints from Cap’s regarding the tree’s condition prior to the subject
incident.

FISCAL IMPACT
No fiscal impact at this time.
                          CITY COUNCIL AGENDA ITEM NO. 16


Meeting Date:    October 26, 2004

Subject/Title:   An Ordinance of the City Council of the City of Brentwood creating a new Title 7,
                 Parks and Recreation, including such subjects as parks, trees and shrubs,
                 heritage tree preservation, recreational uses and trails and deleting Chapter 9.48,
                 Use of City Park and Chapter 12.16, Street Trees.

Prepared by:     Tammy Homan, Administrative Secretary
                 Poldina Scherff, Recreation Services Manager
                 Ken De Silva, Park Services Manager

Submitted by:    Craig Bronzan, Director Parks and Recreation


RECOMMENDATION
Approve the Park and Recreation Commission’s recommendation to create a new Title 7, Parks
and Recreation, including such subjects as parks, trees and shrubs, heritage tree preservation,
recreational uses and trails and deleting Chapter 9.48, Use of City Park and Chapter 12.16, Street
Trees.

PREVIOUS ACTION
The City established a Parks and Recreation Department in July of 1999 as a result of the merger
with the Brentwood Recreation and Park District.

On June 24, 2004, the Park and Recreation Commission unanimously approved a staff
recommendation, to bring this document forward to City Council for adoption.

BACKGROUND
The City of Brentwood Park and Recreation Ordinance, Chapter 9.48 Use of City Park has not had
a thorough review since 1996. At that time, there was no City Park and Recreation Department.
The Brentwood Recreation and Park District provided those services, and in writing the ordinance
in 1996, it reflected leaving most issues related to parks and recreation to the Park District.
Chapter 12.16 Street Trees has not had a thorough review since 1977. As the Park District did not
have any responsibilities for City street tree care and management, Chapter 12 vested tree
responsibility in the City’s Public Works Department.

With the establishment of a City of Brentwood Parks and Recreation Department in July 1999, as a
result of a merger with the Brentwood Recreation and Park District, the Department’s initial focus
was concentrated on the expansion of recreation programs, development of new facilities, and
completion of a comprehensive Parks, Trails and Recreation Master Plan, which was approved by
City Council in June 2004. The Department became responsible for the maintenance of Lighting
and Landscape Districts, roadway medians, and street trees in July 2000. Since approval of the
Master Plan, staff has been working with the Park and Recreation Commission for a complete
review of the ordinance. To ensure the most up-to-date laws and regulations were appropriate and
enforceable, staff has been working with all City Departments in this review. And as the existing
ordinance is so brief, staff has used as reference, similar ordinances of other cities to make sure
the review was comprehensive and as complete as possible.
In review of the ordinance, it was felt that such a large volume of information needed to be added
and revised that it made more sense to create a new title than to try and amend the existing
chapters. As a result, staff’s recommendation is for the creation of a new Title 7 - Parks and
Recreation, which includes a merging of Chapters 9.48 and 12.16, and the deletion of Chapter
9.48, Use of City Park and Chapter 12.16, Street Trees.

As a brief overview, this new recommendation has been reviewed by all City Departments and the
Park and Recreation Commission over the past year to make sure the ordinance is up-to-date,
enforceable, eliminates duplication, and is useable as the City grows. The new ordinance brings
into a single chapter, all information related to Parks and Recreation.

One of the main changes is the inclusion of a very comprehensive list of “Acts Prohibited” in City
facilities and parks as section 7.02.180. It is very common through the development of a City that
as specific actions occur, an ordinance is changed to respond to the incident. As a result, a City’s
”Acts Prohibited” continues to grow and change. As there is an unlimited amount of things that
people can do in parks and facilities, instead of taking a wait and see approach, staff reviewed
existing ordinances from other cities to develop the most comprehensive list possible. Establishing
this list now will allow for the enforcement if the actions occur.

As a special note, item “EE” refers to the use of interactive inflatable equipment (such as “jump
houses” or “bouncy houses”). Staff and the Park and Recreation Commission are recommending
that individuals wishing to use an interactive inflatable device must have a permit from the City,
which requires that the jump house provider supply the City of Brentwood with an insurance
certificate in the amount of $1,000,000, listing the City of Brentwood as additional insured. The
purpose of the permit is to insure each provider complies with the insurance requirement and that
maintenance staff has the ability to meet with providers ahead of time to designate appropriate
areas of use. If the devices are used in the wrong place or use spikes as hold-downs, damage can
occur to sprinklers, valves, and/or the turf, which is not discovered until after the use. In checking
with the Contra Costa Municipal Risk Management Authority, we have been informed that their
recommendation is to not allow that equipment in our parks or facilities at all due because of the
ultimate liability risk to the City. As inflatable equipment is used for so many activities and venues,
staff believes the requirement of insurance and a permit will be sufficient at this time to allow for
the use of such devices.

The purpose of Chapter 7.03, Trees and Shrubs is to establish the methods for the proper care of
trees and shrubs within the City. Within this Chapter, it determines who is responsible for the
maintenance of shrubs and trees in public spaces. It is anticipated that this section will assist the
public in understanding what the City is responsible for. Questions about the maintenance of
street trees is one of the most common inquiries the City gets in Parks and Recreation and Public
Works. The Chapter continues to hold property owners responsible for the maintenance of street
trees on private property.

Chapter 7.04, Heritage Tree Preservation is a new addition to the Brentwood Municipal Code. The
purpose of this section is to recognize that preservation of Heritage Trees enhances the natural
scenic beauty, sustains the long-term potential increase in property values, and maintains ecology
in our community. There are numerous benefits to preserving our Heritage Trees, including
moderating the effect of extreme temperatures, prevention of erosion of topsoil, and increase the
oxygen output in an area which promotes public health, safety and general welfare of the City.
This section spells out procedures for applications to remove Heritage Trees for development and
specifies how the trees are to be replaced. This section also outlines the procedure for appealing
decisions made by the Director of Parks and Recreation and explains how the Tree Board works.
The establishment of a Tree Board is consistent with cities that understand and value the nature of
the urban forest in a City. The Tree Board recommendation is to include two Park and Recreation
Commissioners, one Planning Commissioner, one Parks and Recreation Department staff
member, and one Citizen at large. Once approved, the Tree Board will adopt rules and regulations
for conducting their business as outlined in the proposed ordinance. If a person wishes to appeal
the decision of the Director of Parks and Recreation related to a Heritage Tree issue, the appeal
will be made to the Tree Board. If a decision by the Tree Board is appealed, it will then go to City
Council for a final determination. This process will continue to provide final authority with the City
Council.

Approval of the recommended ordinance also will give the Director of Parks and Recreation the
authority to make changes to general facility use rules and regulations, other than those outlined in
the ordinance, in an administrative manner. This ordinance does not change authority levels as
they relate to the setting of fees and charges.

FISCAL IMPACT
This ordinance will bear no fiscal impact on the City or the Parks and Recreation Department. Staff
has been waiting for approval of this ordinance for the creation of new park and facility rule and
regulation signs, which will be installed as a part of the regular maintenance budget that has been
approved by City Council.

Attachments:
Ordinance
Existing Chapters 9.48 and 12.16 from Brentwood Municipal Code
                                  ORDINANCE NO. ________

          AN ORDINANCE CREATING TITLE 7, PARKS AND RECREATION, AND DELETING
          CHAPTER 9.48, USE OF CITY PARK AND CHAPTER 12.16, STREET TREES

    WHEREAS, the City of Brentwood Park and Recreation Ordinance has not had a thorough
review since 1996; and

   WHEREAS, the City established a Park and Recreation Department in July of 1999 as a
result of the merger with the Brentwood Recreation and Park District; and

   WHEREAS, City staff and the City of Brentwood Park and Recreation Commission have
undertaken a comprehensive review of the existing ordinance and have made
recommendations to City Council for consideration.

Now Therefore, the City Council of the City of Brentwood does ordain as follows:

SECTION 1.       The Brentwood Municipal Code is amended to add Title 7, Parks and
Recreation, to read as follows:

Title 7

Parks and Recreation

Chapters:
      7.01       Purpose and Definitions
      7.02       Parks and Facilities
      7.03       Trees and Shrubs
      7.04       Heritage Tree Preservation
      7.05       Recreation
      7.06       Trails
      7.07       Applicable of Other Laws

Chapter 7.01 Purpose and Definitions

7.01.010         Purpose.

       The purpose of this Title 7 is to regulate the use of the parks and recreation facilities of
the City in order to provide maximum enjoyment in the use of such parks and facilities and
reduce disturbance or interference with the use of surrounding areas.

Title 7.01.020     Definitions.

       For the purpose of this Title 7, unless otherwise apparent from the context, certain words
and phrases used in this title are defined as follows:
     A. “Alcoholic beverage” shall mean alcohol, liquor, wine, beer and every liquid or solid
        containing alcohol, spirits, wine or beer, and which contains one-half of one percent or
        more of alcohol by volume and which is fit for beverage purposes either alone or when
        diluted, mixed or combined with other substances.
     B. "Applicant" shall mean a property owner requesting permission to remove a tree on
        improved property.


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C. "Certified or Consulting Arborist" shall mean an arborist who is registered with the
    International Society of Arboriculture and approved by the Director.
D. "Director" shall mean the Director of Parks and Recreation of the City or Director’s
    designee.
E. "Facilities" shall include those buildings, parks, landscape areas, ball fields, parking
    lots, special use facilities, or any portion thereof, under the supervision of the Parks
    and Recreation Department.
F. "Heritage Tree" shall mean any of the following:
  (1)      Any single-trunked or multi-trucked tree with one or more trucks with a
          circumference of fifty five inches (55") or more measured four and one-half feet
          (4-1/2') above ground level;
  (2)      Any tree thirty five feet (35') or more in height;
  (3)      Any tree of particular historical significance specifically designated by official
          action;
  (4)      A stand or grove of trees, the nature of which makes each dependent upon the
          other for survival or the area's natural beauty.
G. “Park” shall mean all property within the city, operated, maintained or controlled by
    the city, whether such property is used as a park, parkway, greenbelt, tot lot, sports
    field, internal sidewalk, general trail, parking lot, children’s playground area, picnic
    area, or is maintained as open space, including undeveloped sites for future parks and
    includes any structure thereon.
H. "Permit" shall mean a written permit for the permitted use or exclusive use of a park
    or facility as provided for and defined in this title.
I. “Picnic area” shall mean a special area in a park with tables set aside for the purpose
    of the consumption of food and beverages.
J. "Picnicker" shall mean a person on an outing or excursion with food usually provided
    by such person and eaten in the open.
K. "Significant impact" shall mean an unreasonable interference with the normal and
    intended use of the property. In determining whether there is a significant impact, the
    typical longevity of the subject tree species, as well as the size of the tree relative to
    the property, shall be considered. Normal maintenance, including, but not limited to,
    pruning, and leaf removal and minor damage to paving shall not be considered when
    making a determination of significant impact.
L. “Skate Park” shall mean a facility designed specifically for riding skateboards,
    rollerblades and roller skates with sculptured events such as ramps, jumps and bowls,
    and shall include any hard surface area within forty (40’) of the Skate Park itself.
M. "Sound amplifying equipment" shall mean any electrical or battery operated
    machine or device for the amplification of the human voice, music, or any other sound.
    "Sound amplifying equipment" shall not include standard vehicle radios when used and
    heard only by the occupants of the vehicle in which the radio is located.
N. “Special event” shall mean any event which is scheduled to take place within the City
    of Brentwood, including events which will be conducted on or contiguous to a City
    street, sidewalk, alley or other right-of-way, or other public areas, (or events on private
    property which are likely to obstruct, delay or interfere with the normal flow of
    pedestrian or vehicular traffic), or which may require special accommodations,
    regulation, or waiver of the usual traffic laws or controls, or is likely to generate a
    crowd of spectators sufficient in size to obstruct, delay or interfere with the normal flow
    of pedestrian or vehicular traffic, or which may generate a crowd of sufficient size to
    restrict access to parks, recreation areas or other public areas, or any event which is
    likely to result in the need, for public safety reasons, for Police regulation, monitoring
    and control.


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O. “Street” includes all public streets, roads, alleys, parkways and other public rights-of-
   way of the City. (Ord. 280 § (part), 1977)
P. “Street tree” shall mean any tree which grows within or which overhangs any public
   street or right of way. Trees planted in designated thoroughfare rights-of-way where
   access is restricted or prohibited are specifically excluded from this Title.
Q. “Topping” shall mean heading back of the crown and/or creating large stubs without
   regard to form.
R. “Tree Board” shall consist of two (2) Park and Recreation Commissioners, one (1)
   Planning Commissioner, one (1) Parks and Recreation Department staff member, and
   one (1) citizen-at-large.
S. “Vehicle" shall mean any wheeled conveyance, whether motor powered, animal
   drawn, or self-propelled, including bicycles and any trailer in tow of any size, kind, or
   description, except baby carriages, wheelchairs, and vehicles in the service of the City
   parks.




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Chapter 7.02 Parks and Facilities

7.02.010        Compliance required.
         No person shall enter, be, or remain in any park or facility of the City unless he complies
with all the applicable regulations set forth in this chapter.

7.02.020       Special Event permits.

A. An application for a Special Event Permit, as defined in 7.01.020 (N), shall be submitted to
   the Parks and Recreation Department. Applications are subject to review and approval by
   all applicable City departments.
B. The Director shall establish, adopt and amend guidelines, policies, rules and regulations for
   the use of facilities within the boundaries of the City of Brentwood Service Area.
C. Organizations and groups may conduct fundraising activities only for community projects,
   charitable projects, or educational projects. The Director will evaluate all written requests by
   an organization to hold a fundraising event and a determination will be made on a case-by-
   case basis.
D. Nothing in this chapter overrides or exempts the requirements of a Temporary Use Permit
   (Brentwood Municipal Code Chapter 17.850)

7.02.030       Exclusive use permits.

        As there may be situations where an Exclusive Use Permit is necessary, the following
conditions apply in addition to the conditions set in 7.02.020 for Special Event permits.

A. Parks and/or facilities shall be made available for the exclusive use and regulated use of by
   recognized civic groups, nonprofit, service, or youth organizations within the Brentwood
   service area and for activities sponsored by or supported financially or otherwise by the City,
   subject to the issuance of a permit by the Director. Nothing in this section shall be deemed
   to change the status of any City park and/or facility from a public park or public facility to a
   private park or private facility.

7.02.040       Liability insurance required.

       Liability insurance with coverage as determined by the City of Brentwood shall be
required for all special events and any other permit, as determined by Director.

7.02.050       Contents of applications.

        All applications shall be signed by an authorized representative of the organization
sponsoring the activity, and the organization shall be responsible for compliance with all the
provisions of this chapter and the regulations established by resolution or by the Director and for
all damages resulting from the conduct of the activity sponsored by the organization.

7.02.060       Action on applications.

A. The decision granting or denying such application shall be mailed to the applicant at the
   address designated on the application.
B. The Director, in granting the application, may impose reasonable requirements and
   conditions concerning the use of the park or facility by the applicant.
C. The Director is hereby authorized to charge, collect, and waive fees as authorized by City
   Council.

                                                 4
D. The fee authorized by this chapter shall be set by resolution of the Brentwood City Council.
E. Requirement of a deposit for rentals will be set by resolution of the Brentwood City Council.
F. The Director shall deny the application if the Director finds one or more of the following:
   (1) The activity is not sponsored by an organization specified in 7.02.030 or 7.05.040 of this
       chapter;
   (2) The proposed activity or use will unreasonably interfere with, or detract from, the
       promotion of the public health, welfare, safety, or recreation;
   (3) The proposed activity or use is anticipated to incite violence, crime, or disorderly
       conduct; or
   (4) The occupancy load of the park or facility will be exceeded;
   (5) The desired park or facility is already scheduled for use;
   (6) The applicant fails to provide timely and accurately all required information; or
   (7) Prior negative incidents by applicant or history of similar events/activities.

7.02.070       Security requirements.

A. Every person operating, promoting, maintaining or conducting a permitted activity in or at a
   facility or park shall provide, or cause to be provided, security for the activity based upon the
   maximum capacity of the building and subject to the review and approval of the Chief of
   Police, or Director. The cost of such private security shall be borne by the applicant.
B. Every person operating, promoting, maintaining or conducting a permitted activity in or at a
   facility shall sign a detailed statement, under penalty of perjury under the laws of the State of
   California, declaring the nature and type of activity to be held in or at the facility or park and
   the expected number of guests.
C. The Chief of Police, or Director, shall consider, but is not limited to, the following factors in
   setting the security requirements for an activity held in a City facility or park:
   (1) the maximum capacity;
   (2) the nature and type of activity to be held;
   (3) the hours during which the activity will be held;
   (4) if private security will be provided, the credentials, reputation and practices of the
       proposed private security company;
   (5) attire and equipment used by the private security officers;
   (6) prior incidents by applicant or history of similar events/activities; or
   (7) whether alcohol is being permitted to be served.
D If alcohol is to be served at the proposed activity, the Chief of Police or Director may
   establish conditions, on the sale, distribution, use, and consumption of any alcoholic
   beverage, in addition to those set forth by Alcohol Beverage Control.
E. The Parks and Recreation Department may require use of City staff in addition to security.
   This will be determined on a case-by-case basis with costs borne by the applicant.

7.02.080       Use of areas.

       The Director shall have the authority to regulate the activities in park and facility areas,
when necessary, to prevent congestion and to secure the maximum use of the park facilities for
the comfort and convenience of all and may limit the length of time such facilities are used to
avoid crowding. Visitors shall comply with any directions given to achieve this end. Individual
tables and benches shall be used on the basis of "first come, first serve" except in areas
designated by "Reservation Only."




                                                 5
7.02.090       Hours of public use.

       All parks within the city shall be open from sunrise until sunset unless otherwise posted.
No person shall enter or remain within the parks between sunset and sunrise except by permit
or permission of the Director or Chief of Police.

7.02.100       Trespassing.

       No person shall enter into any facility or park that is closed and/or locked or posted
against such entry, except by permit or permission of the Director or Chief of Police.

7.02.110       Lights.

      All park facility lighting shall be turned off by 11:00 p.m. except by permit and for security
or emergency lighting, as approved by the Director.

7.02.120       Alcoholic Beverages.

        The presence and/or the consumption of any and all alcoholic beverages shall be
prohibited except by permit. Alcohol is not allowed at an event being held for a person under
drinking age.

        Permit for use of alcohol may be issued by the Chief of Police or Director with
notification to Director of permit issuance. Permits issued pursuant to this section may be
issued only for an activity at a specified park or facility during specified hours. Any permit
issued pursuant to this section may contain conditions as to the number of persons, the time
and place for service and consumption of alcoholic beverages, litter removal, and any other
condition reasonably related to the maintenance of public health and safety. An alcoholic
beverage for private consumption, if allowed, becomes the liability and responsibility of the
group and/or organization renting the park or facility and permittee shall agree to indemnify,
defend, and hold the City harmless for any claim, lawsuit, or action related to issuance of this
permit. All alcohol shall remain within the park or facility area as designated on the permit. The
Chief of Police may also require security precautions including, but not limited to, the hiring of a
security guard or Brentwood Police Officer(s) at applicant’s expense.

7.02.130       Smoking.

       Smoking is prohibited except in areas so designated for smoking.

7.02.140       Candles.

       Candles and other open-flame devices are not allowed in City facilities or parks, as
provided and defined by Section 2501.17 of 1998 California Uniform Fire Code, as amended.

7.02.150       Camping.

       Camping on city owned property is prohibited, except that the Director may permit
overnight camping by youth organizations and their chaperones in conjunction with an exclusive
use permit.




                                                 6
7.02.160       Closing of a Portion of Park or Facility or entire Park or Facility.

       Any part of a park or facility or the entire park or facility may be declared temporarily
closed to the public by the Director or Chief of Police at any time and for any interval of time less
than two weeks or longer than two weeks if construction activities, health and safety concerns
require it, or if permittee is violating any of the conditions of a permit issued by the Chief of
Police or Director.

7.02.170       Skate Park.

         All persons who ride a skateboard or skates at a City skate park shall wear a helmet,
elbow pads, and knee pads. If a person who rides a skateboard or skates at a City skate park
fails to wear a helmet, elbow pads, and knee pads, the person shall be guilty of an infraction.
When an enforcement officer, as defined in Section 1.08.030, observes such violation of this
section, the enforcement officer shall have the authority to issue an administrative citation to any
person responsible for the violation, pursuant to Section 1.08.040 et seq. (Ord. 673 § 2, 2001).
No vehicles, as defined in this section are allowed to be used in a City skate park.

7.02.180       Acts prohibited.

     The following acts are prohibited in a City park or facility:

A.   Willfully mark, paint, deface, disfigure, injure, tamper with, or displace or remove any
     building, bridge, table, bench, fireplace, railing, paving or paving material, water line or
     appurtenances, vending machines, or other public property, and parents of any minor who
     does any of these prohibited acts shall be responsible for all such damage;
B.   Litter, soil, or defile rest rooms, vending machines, or any facility.
C.   Construct or erect any building, structure, or tent of whatever kind, whether permanent or
     temporary in character, or run or string any private or public service utility into, upon, or
     across such lands, except with the written permission of the Director;
D.   Go upon any lawn, grass plot, or flower bed where such prohibition is indicated by a
     legible sign posted near or in the area;
E.   Swim, bathe, wade, fish, boat, or operate powered hobby model boats in any water of any
     fountain, pond, lake, creek, or detention basin, except in areas designated for such
     purposes and so posted or by permit. Persons shall not throw, discharge, or otherwise
     place in the waters of any fountain, pond, lake, stream, or other body of water in or
     adjacent to any park, or any tributary, stream, storm sewer, or drain flowing into such
     waters, any substance, matter, or thing, liquid or solid, which will or may result in the
     pollution of such waters;
F.   Bring into any park any material which, if spilled or spread, will be injurious to the turf or
     plant growth;
G.   Damage, cut, carve, transplant, or remove any tree or plant, or injure the bark, or pick the
     flowers or seeds of any tree or plant;
H.   Attach any rope, wire, or other contrivance to any tree or plant;
I.   Dig in or otherwise disturb any park area or in any way injure or impair the natural beauty
     or usefulness of any area;
J.   Climb any tree or walk, stand, or sit upon any monument base, fountain, railing, fence,
     bridge, sign, or upon any other property not designated or customarily used for such
     purposes;
K.   Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, remove, possess or throw
     objects at any animal, reptile, or bird;


                                                  7
L.    Remove or have in possession any wild animal, or any bird or fowl, or the eggs or nest or
      young of any reptile, wild animal, or bird;
M.    Bring to, or drink in, a park any alcoholic beverage, except as provided in this title;
N.    Enter or remain in a park while under the influence of intoxicating liquor or any drug;
O.    Bring, or set off, or otherwise cause to explode or discharge or burn in a park any
      fireworks, whether safe and sane fireworks or not, or other flammable or explosive
      material, or discharge them or throw them into any park from land, or a vehicle, or building
      adjacent thereto, except persons conducting a City-sponsored or supported public
      fireworks display;
P.    Be, remain, stay, or loiter in any public park or facility from sunset to sunrise (or beyond
      posted hours), except as authorized by the Director;
Q.    Set up tents or other temporary shelters for the purpose of overnight camping, nor shall
      any person leave in a park or facility, after closing hours, any movable structure or vehicle
      to be used, or that could be used, for such purposes, such as a house trailer, motor home,
      camp trailer, or pickup camper, except as provided in this chapter or approved by the
      Director;
R.    No person having the control or care of any dog shall suffer or permit such dog to enter or
      remain in a park (with the exception of an area so designated as off-leash), unless it is led
      by a leash of suitable strength not more than six (6') feet in length. The person owning,
      controlling, or having the custody of such dog shall be jointly and severally responsible for
      all damages caused by such dog and is responsible for removing and disposing of owner’s
      dog waste;
S.    Lead, ride, drive, keep, or, let loose any animal, reptile, or fowl of any kind;
T.    Make or kindle a fire for any purpose, except at places provided for campfires or
      barbecues, unless prior permission shall be obtained therefore from the Director, or leave
      a fire started by such person, or at Director’s direction, or used until such fire is completely
      extinguished;
U.    Use, carry, or possess firearms of any description or air rifles, spring guns, bows and
      arrows, slings, knives or any other form of weapon potentially dangerous to wild life or to
      humans or shoot into park areas from beyond park boundaries;
V.    No person shall discard or permit unattended any lighted cigar, cigarette, match, pipe or
      other flammable article.
W.    Use or allow the use of powered model airplanes, model rockets, or racing cars, except in
      areas designated for such use or by permit.
X.    Golfing or use of golf clubs is prohibited in any area of the park, except in areas so
      designated and posted.
Y.    Indulge in riotous, boisterous, threatening, or indecent conduct;
Z.    Dump, deposit, or leave any bottle, broken glass, ashes, paper box, can, refuse, or trash,
      except in the receptacles provided for such materials. Where such receptacles are not
      provided, all such materials shall be carried away from the park by the person responsible
      for its presence and properly disposed of elsewhere. Household trash is not permitted in
      City receptacles;
AA.   Bring to or have in such person's possession any alcoholic or non-alcoholic glass
      beverage container or bottle.
BB.   Bringing portable barbecues into City Parks or facilities without a permit.
CC.   Land hot air balloon, parachute, hang glider, aircraft, helicopter, or bungee jumping without
      permit.
DD.   Use any amplification system unless a permit is first secured from the Director.
EE.   Use interactive inflatable equipment without a permit.




                                                  8
7.02.200       Traffic and parking.

While in parks or facilities, no person shall:
A.   Fail to comply with all the applicable provisions of the Vehicle Code of the State, in regard
     to equipment and the operation of vehicles, and the provisions of this Code;
B.   Fail to obey all traffic officers and City employees authorized to direct traffic in the parks;
C. Fail to obey all traffic regulations concerning the use of vehicles or caution, stopping,
     parking, and all other signs posted for control or to safeguard life and property;
D. Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except
     upon roads designated by posted signs for different rates of speed;
E.   Ride or drive any vehicle on any area, except paved roads or parking areas or other areas
     designated as temporary parking areas and posted for that use. A bicyclist may wheel or
     push a bicycle by hand over any grassy area or wooded trail or on any paved area
     reserved for pedestrian use;
F.   Park a vehicle in other than an established or designated parking area or use a parking
     area in a manner not in accordance with the posted directions or the instructions of any
     attendant who may be present;
G. Ride any other person on a bicycle, except where the bicycle is built for operation by more
     than one person;
H. Leave a bicycle in a place other than a bicycle rack where a bicycle rack is provided and
     there is space available; and
I.   Leave a bicycle lying on the ground or paving, or set against trees, or in any place or
     position where other persons may ride, drive, or trip over it or be injured by it.

7.02.210       Advertising: Sale of merchandise.

     No person in a park or on public property adjacent to a park shall do any of the following
without a permit:

A.   Expose, announce, advertise, call public attention to, or offer any article or food or drink for
     sale; nor shall he/she station or place any stand, cart, or vehicle for the transportation,
     sale, or display of any such article or food or drink in the park or on public property
     adjacent to such park; and
B.   Paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription.

7.02.220       Donations/Dedications.

       The donation of plants, facilities, fountains, sculptures, ponds, pools, or any other item or
funds for such item for any park or facility shall follow the rules and policies approved by the City
Council.

7.02.230       Excessive noise prohibited.

        No person in a park or on public or private property adjacent to a park shall produce,
suffer, or allow to be produced any unnecessary loud noise that disturbs the peaceful and quiet
enjoyment of any person in a public park or surrounding neighborhood (Ord. 72 § 2, 1954).




                                                 9
Chapter 7.03 Trees and Shrubs

7.03.010       Purpose.

        In the interest of public health, safety, general welfare and aesthetics, the purpose of this
chapter is to provide a method for the proper care of trees and shrubs within the city and to
define the powers and duties of the Director.

7.03.020       Parks and Recreation Director: Powers and duties.

        The Director shall direct the kind and variety of landscape material to be planted in any
public landscape areas, as per the current approved City of Brentwood Standard Plans and
Specifications, Engineering Procedures Manual, Urban Forest Guidelines, or any other City
approved specifications. The planting, trimming, and removing of trees and shrubbery upon the
streets, public right of ways, and public places of the City are hereby vested in the Director. It is
the duty of the Director to administer, control and regulate the street tree program of the city in
accordance with the provisions of the Urban Forest Guidelines and this chapter. (Resolution
2490)

7.03.030       Permits required to trim or cut in public places.

         It shall be unlawful for any person to trim, cut, mutilate, or injure any street or city-owned
tree, or the roots or branches thereof, growing upon any public street, curb, or place in the City
or to injure or impair the growth or life of any such tree, roots, or branches without a permit .

7.03.040       Permission required to install poles near trees.

         It shall be unlawful for any person to install upon any street any telephone pole, electric
light pole, or power pole within ten (10') feet of the trunk of any growing tree upon any street in
the City without first having obtained permission from the Director to erect such pole within such
limit of ten (10') feet.

7.03.050       Planting of Street Trees.

        No street trees shall hereafter be planted, removed or replaced except in accordance
with the Urban Forest Guidelines and the provisions of this chapter. (Resolution 2490)

7.03.060       Permits Required – Street Trees.

         It shall be unlawful for any person to plant any tree or shrubbery on any street, public
right of way (curb to curb or from back of sidewalk to back of sidewalk/curb where sidewalk exits
only on one side of the street), park, or public place without first obtaining a permit to do so by
applying for and receiving an encroachment permit from the Engineering Department. All work
done pursuant to the permit shall be in compliance with all applicable City ordinances,
resolutions, standards and specifications. The Director may attach conditions to the permit
including the requirement to replace any street tree which is removed. Any person aggrieved by
the denial of a permit or the conditions attached to it may appeal to the City’s designated Tree
Board provided that such appeal is made in writing within five days of action. The appeal shall
be heard by the City’s designated Tree Board no later than thirty (30) days after receipt of the
appeal, at which time the City’s designated Tree Board may grant or deny the appeal. The
action of the City’s designated Tree Board may be appealed to the City Council, whose
decision shall be conclusive and final.

                                                  10
7.03.070       Maintenance – Street Trees.

        All street tree maintenance shall be the responsibility of the property owner. No permit is
required for routine maintenance. Routine maintenance includes minor pruning and trimming,
tree feeding, spraying, and watering. If a street tree dies, it is the property owner’s responsibility
to replace with a tree of the same kind or one that is listed in the Urban Forest Guidelines. All
tree maintenance work shall conform to the International Society of Arboriculture Guidelines.

7.03.080       Nuisance – Street Trees.

       Upon a determination by the Director that a street tree has become a hazard to
pedestrian or vehicular traffic by obstructing vision or impairing necessary clearance, or in any
manner endangering the use of any public street, sidewalk, sewer, waterline or other public
property so as to constitute a public nuisance, written notice shall be given to the owner of the
property upon which the nuisance tree fronts to remove or otherwise control such tree in such
manner as will abate the nuisance. The cost of repair or replacement of public facilities is the
responsibility of the property owner. Repair or replacement of sidewalks, curb and gutter or
parking area shall be done in conformance with Title 22 of the California Streets and Highway
Code Maintenance of sidewalks, as amended. (Ord. 280 §2 (part), 1977)

7.03.090       Trees overhanging public places.

    It shall be the duty of every person having charge or control of any lot or premises, either as
owner, agent, lessee, tenant, or otherwise, on which trees are growing but which overhang any
public street, alley, or place to trim such trees where they overhang any public street, alley, or
place so there shall be a clear space thereunder of at least eight feet (8’) above a sidewalk and
twelve feet (12’) between the lowest limb or foliage of such trees and the public street, alley, or
place. A permit is not required for routine maintenance.

    Should any such person fail, neglect, or refuse to trim any such tree, the Director shall have
the power to cause such tree to be trimmed in accordance with the requirements of this section.
The cost of such work shall be charged to, and become a valid claim against, the person having
charge or control of the lot or premises, either as owner, agent, lessee, tenant, or otherwise,
and shall be recoverable in any court of competent jurisdiction.

7.03.100       Interpretation of provisions.

        The provisions of this chapter shall not be construed as a limitation on the power lawfully
vested in the Council to cause the removal of any shrubs or trees if, in the opinion of the City
Council, it is necessary to remove the same for the purpose of improving any street or alley or
for any other lawful cause that encroach within the City’s right of way.

7.03.110       Mutilation of trees unlawful.

       It shall be unlawful for any person to mutilate or cause damage to any street tree except
for work in conformance with this chapter. (Ord. 280 § 2 (part), 1977)




                                                 11
7.03.120       Violation – Penalty – Continuing offenses.

       Any person violating any of the provisions of this chapter or who causes, allows or
permits any violation of this chapter is guilty of an infraction and upon conviction thereof shall be
punishable by a fine of at least five hundred dollars or as provided by B.M.C. Chapter 1.08,
whichever amount is more.




                                                 12
Chapter 7.04 Heritage Tree Preservation

7.04.010       Purpose and Intent.

        The City lies largely in a valley in which substantial portions were and are covered by
native and indigenous trees. The City recognizes that preservation of such trees enhances the
natural scenic beauty, sustains the long-term potential increase in property values which
encourages quality development, maintains the ecology, moderates the effect of extreme
temperatures, prevents the erosion of topsoil, helps create an identity and quality, which
enhances the attractiveness of the City to visitors and increases the oxygen output of the area
which is needed to combat air pollution. For these reasons the City Council finds that in order to
promote the public health, safety and general welfare of the City while at the same time
recognizing individual rights to develop and maintain private property in a manner which will not
be prejudicial to the public interest it is necessary to enact regulations controlling the removal
and preservation of Heritage Trees within the City. However, the City Council also recognizes
that under certain circumstances Heritage Trees may properly be removed. Those
circumstances include where Heritage Trees are dangerous; are dead or diseased; are so
situated on undeveloped land that their preservation would preclude feasible development; are
so abundant their removal would not destroy the area's natural beauty or ecology or cause
erosion; or have a significant impact on the property. It is the intent of this chapter to preserve
as many Heritage Trees as possible throughout the City through staff review and the
development review process.

7.04.020       Exceptions.

       The provisions of this chapter shall not apply to fruit or nut trees or when part of an
orchard, the produce of which is used for commercial purposes.

7.04.030       Permit – Required.

    No person shall remove, destroy or disfigure, any Heritage Tree growing within the City
without a permit except as provided in this chapter 7.04. Normal maintenance pruning of
Heritage Trees shall not require a permit but shall in all cases be in conformance with the
guidelines of the International Society of Arboriculture, Tree Pruning Guidelines, current edition.
Pruning which, in the opinion of the Director, varies from these guidelines shall be subject to
fines and penalties as provided in 7.04.160 of this chapter.

7.04.040       Permit – Procedure.

A. Any person desiring to remove any Heritage Tree in the City shall make application to the
   Director. Said application shall contain the number, species, size and location of Heritage
   Trees to be removed and a brief statement of the reason for removal as well as any other
   pertinent information the Director may require. The permit, if granted, shall entitle the
   applicant to remove only those Heritage Trees designated by permit.
B. Upon determination that it is necessary, the Certified or Consulting Arborist shall visit and
   inspect the property, the Heritage Tree or trees in question, and the surrounding area and
   shall ascertain the following:
   (1) The condition of the Heritage Tree with respect to disease, general health, damage,
        public nuisance, danger of falling, proximity to existing or proposed structures,
        interference with utility service and whether or not the Heritage Tree acts as host for a
        plant which is parasitic to another species of tree which is in danger of being
        exterminated by the parasite;

                                                13
   (2) Whether the tree has a significant impact on the property;
   (3) The necessity to remove any Heritage Tree in order to construct any proposed
       improvements to allow for the economic enjoyment of the property;
   (4) The number of existing trees in the neighborhood or area on improved property and the
       effect removal would have upon the public health, safety, general welfare of residents
       and upon the property value and beauty of the area;
   (5) The topography of the land upon which the Heritage Tree or trees are situated and the
       effect of removal thereof upon erosion, soil retention and diversion or flow of surface
       waters;
   (6) Good forestry practices, i.e., the number of healthy trees that a given parcel of land will
       support.
   (7) The Director, certified or consulting arborist shall be responsible for following up to
       make sure that the conditions of the permit have been met.
C. The Director may refer any application to a Certified or Consulting Arborist for his report or
   any City department or commission for its review and recommendation.

7.04.050       Significant Impact - Administrative Hearing.

A. Where the applicant applies to remove a Heritage Tree on grounds that it has a significant
   impact on the property, the Director shall conduct a hearing. The hearing shall be set not
   less than fifteen (15) days and not more than sixty (60) days from the date the application if
   filed.
B. The Director shall send notice of the hearing to all property owners and residents within
   three hundred feet (300').
C. At the hearing, the applicant and any interested party shall be given the opportunity to be
   heard concerning the preservation or removal of the Heritage Tree.
D. After considering all relevant evidence, the Director shall issue a written decision to preserve
   or remove the tree.
E. The Director shall send a copy of the written decision to the applicant and neighboring
   property owners and residents within three hundred feet (300') of the tree within 14 business
   days.
F. Unless appealed, the decision of the Director shall become effective ten (10) days after
   written decision has been issued.
G. The Director's decision may be appealed as provided in 7.04.080 of this Chapter.

7.04.060       Mitigation for Removal of a Heritage Tree.

        If a Heritage Tree is approved to be removed, its replacement should be on an inch-for-
inch basis per the tree’s diameter at four (4) feet above ground level. For example, a Heritage
Tree with a 24-inch diameter may be replaced with four, 6-inch diameter trees, if feasible and
best forestry practices.

7.04.070       Action by Director – Findings.

A. The Director shall issue a permit to remove a Heritage Tree or trees if it is determined that
   one of the following conditions exists:
   (1) The Heritage Tree is in such a dangerous or hazardous condition as to threaten or
       endanger the safety of people, structures, other property or other Heritage Trees;
   (2) The Heritage Tree has a significant impact on the property;
   (3) The Heritage Tree is dead, dying or diseased and good forestry practices cannot be
       reasonably undertaken to preserve the tree; or


                                                14
   (4) Where the Heritage Tree in question is not diseased or hazardous, the removal of the
       tree is consistent with the purpose and intent of this chapter and in keeping with the
       health, safety and general welfare of the community.
B. The Director shall notify the applicant in writing of the determination giving the reason for the
   application's approval or denial.

7.04.080       Appeal.

A. The Director's decision may be appealed. Such appeal must be submitted in writing to the
   City Clerk within ten (10) days of the decision, shall briefly state facts and the grounds of the
   appeal and be signed by the appellant.
B. Any appeal concerning property with four (4) or fewer residential units on the subject
   property, not concerning new development, shall be heard by the Tree Board.
C. The City Clerk shall set a date for hearing before the Tree Board and shall notify all
   interested parties. The Director shall submit a report to the Tree Board, along with any
   departmental recommendations.
D. The Tree Board shall conduct a hearing on the appeal within forty-five (45) days after the
   City’s receipt of appeal to hear relevant testimony. Following the hearing of any such
   appeal, the Tree Board may affirm, reverse or modify the action of the Director and may take
   any action thereon which would have been authorized in the first instance. The Tree Board
   will make written findings of fact upholding, reversing or modifying the Director’s decision.
   The action of the Tree Board may be appealed to the City Council within 45 days. The City
   Council’s decision shall be the final and conclusive action of the City.

7.04.090       Tree Board.

    The Tree Board shall consist of two Parks and Recreation Commissioners (appointed by the
Chair), one Planning Commissioner (appointed by the Chair), one Parks and Recreation
Department staff member (appointed by the Director), and one Citizen at large (appointed by
the Mayor and confirmed by City Council). The Tree Board shall elect a chairperson. The
Director shall be an ex officio member of said Board and shall serve as secretary. The Board
shall adopt reasonable rules and regulations for conducting its business. .

7.04.100       New Property Development.

A. Any person desiring to remove one or more trees on any property in the City which is related
   to the development of such property requiring City approval or where any tree may be
   affected by a proposed development shall include in the application to the appropriate City
   reviewing body as part of the regular application, the following:
   (1) A tree survey plan, including all existing trees which will be affected by the new
       development. The survey, noting all trees six inches (6") in diameter and greater, shall
       specify the precise location of trunk and dripline, size, health and species of all existing
       trees on the property with a special notation of those classified as a Heritage Tree;
   (2) The applicant shall provide a report by a certified or consulting arborist. The report,
       based on the findings of the tree survey plan and other necessary information, shall be
       used to determine the health of existing trees, the effects of the proposed development
       upon the trees, recommendations for any special precautions necessary for their
       preservation and shall also indicate which trees are proposed for removal;
   (3) The tree survey plan and report shall be forwarded to the Director who shall, after
       making a field visit to the property, indicate in writing which trees are recommended for
       preservation using the same standards set forth in Section 7.03.050. This report shall


                                                15
          be made part of the staff report to the City reviewing body upon its consideration of the
          application for new property development;
     (4) The City reviewing body through its site and landscaping plan review shall endeavor to
          preserve all trees recommended for preservation by the Director. The City reviewing
          body may determine that any of the trees recommended for preservation should be
          removed, if there is evidence submitted to it, that due to special site grading or other
          unusual characteristics associated with the property, the preservation of the tree(s)
          would significantly preclude feasible development of the property;
     (5) Approval of final site or landscape plans by the appropriate City reviewing body
          indicating which trees are to be removed shall constitute the approval and permit for the
          purpose of this chapter; and
     (6) Prior to issuance of a grading or building permit, the applicant shall secure an appraisal
          of the condition and replacement value of all trees included in the tree report affected by
          the development which are required to remain within the development. The appraisal of
          each tree shall recognize the location of the tree in the proposed development. The
          appraisal shall be performed in accordance with the current edition of the "Guide for
          Plant Appraisal" under the auspices of the International Society of Arboriculture. The
          appraisal shall be performed at the applicant's expense, and the appraiser shall be
          subject to the Director's approval.
B.   Prior to acceptance of subdivision improvements, the developer shall submit to the Director
     a final tree report to be performed by a Certified or Consulting Arborist. This report shall
     consider all trees that were to remain within the development. The report shall note the trees'
     health in relation to the initially reported condition of the trees and shall note any changes in
     the trees' numbers or physical conditions. The applicant will then be responsible for the loss
     of any tree not previously approved for removal. For trees which are not Heritage Trees
     which were removed, the developer shall pay a fine in the amount equal to the appraised
     value of the subject tree. For Heritage Trees which were removed, the developer shall pay a
     fine in the amount of the appraised value of such tree. The applicant shall remain
     responsible for the health and survival of all trees within the development for a period of one
     year following acceptance of the public improvements of the development.
C.   Prior to the issuance of any permit allowing construction to begin, the applicant shall post
     cash, bond or other security satisfactory to the Director, in the penal sum of five thousand
     dollars ($5,000) for each tree required to be preserved, or a total of twenty five thousand
     dollars ($25,000), whichever is less. The cash, bond or other security shall be retained for a
     period of one year following acceptance of the public improvements for the development and
     shall be forfeited in an amount equal to five thousand dollars ($5,000) per tree as a civil
     penalty in the event that a tree or trees required to be preserved are removed, destroyed or
     disfigured.
D.   An applicant with a proposed development which requires underground utilities shall avoid
     the installation of said utilities within the dripline of existing trees whenever possible. In the
     event that this is unavoidable, all trenching shall be done by hand, taking extreme caution to
     avoid damage to the root structure. Work within the dripline of existing trees shall be
     supervised at all times by a certified or consulting arborist.
E.   Any decision by a City reviewing body under this Section may be appealed as in 7.04.080 of
     this chapter.




                                                  16
7.04.110       Emergency Action.

        A person may remove or prune a Heritage Tree without a permit if there is an
emergency caused by a Heritage Tree being in a hazardous or dangerous condition requiring
immediate action for the safety of structures or human life. In such event, the Director shall be
notified at the earliest opportunity in order to confirm the emergency situation. If the Director
determines that the situation was not an emergency requiring immediate action, the person
removing or damaging the Heritage Tree shall be subject to fines and penalties set forth in
7.04.160 of this chapter.

7.04.120       Protection of Existing Trees.

   All persons shall comply with the following precautions:

A. Prior to the commencement of construction, install a sturdy fence at the dripline of any tree
   which will be affected by the construction and prohibit any storage of construction materials
   or other materials inside the fence. The dripline shall not be altered in any way so as to
   increase the encroachment of the construction.
B. Prohibit excavation, grading, drainage and leveling within the dripline of the tree unless
   approved by the Director.
C. Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within
   the dripline or in drainage channels, swales or areas that may lead to the dripline.
D. Discourage the attachment of wires, signs and ropes to any Heritage Tree.
E. Design utility services and irrigation lines to be located outside of the dripline when feasible.
F. Retain the services of a certified or consulting arborist for periodic monitoring and inspection
   of the project site and the health of those trees to be preserved. The certified or consulting
   arborist shall be present whenever activities occur which pose a potential threat to the
   health of the trees to be preserved.
G. The Director shall be notified of any damage that occurs to a tree during construction so that
   proper treatment may be administered.

7.04.130       Pruning and Maintenance

         All pruning of Heritage Trees shall be performed by a licensed contractor familiar with
International Society of Arboriculture pruning guidelines and shall comply with the guidelines
established by the International Society of Arboriculture, Tree Pruning Guidelines, current
edition and any special conditions as determined by the Director. For developments which
require a tree report, a certified or consulting arborist shall be in reasonable charge of all
activities involving Heritage Trees.

7.04.140       Public Utilities.

A. Any public utility or designated contractor installing or maintaining any overhead wires or
   underground pipes or conduits in the vicinity of a Heritage Tree shall obtain permission from
   the Director before performing any work, including pruning, which may cause injury to the
   Heritage Tree.
B. The Director shall inspect said pruning work to ensure that appropriate pruning practices are
   followed. The public utility shall follow pruning practices conforming to the International
   Society of Arboriculture pruning standards to promote the well-being of the tree. Topping
   shall not be permitted unless specifically approved by the Director. The Director shall stop
   any tree pruning performed by a utility representative if said practices are not being
   followed.

                                                17
7.04.150      Insurance Requirements

        Any person engaged in the business of pruning Heritage Trees under agreement with
the City shall be a California licensed contractor and shall carry public liability and property
damage insurance, with minimum liability limits and terms as determined to be acceptable to the
City Attorney.

7.04.160      Fines and Penalties.

    Any person who unlawfully removes or destroys a Heritage Tree shall pay a civil penalty in
the amount of the appraised value of the tree. If there is inadequate plant material to properly
appraise the tree, the penalty shall be five thousand dollars ($5,000). Any person who
unlawfully disfigures a Heritage Tree whether through vandalism, improper pruning or other
actions, shall pay a civil penalty commensurate with the damage; the amount shall be
determined by the Director in accordance with the "Guide for Plant Appraisal" under the
auspices of the International Society of Arboriculture. The collection of the penalties may be
enforced by civil action brought in the name of the City by the City Attorney.

   The cost of replacement plant material may be considered as partial payment of any penalty
under this chapter.

7.04.170      Additional Provisions.

      The provisions of this chapter shall supplement but not supplant other provisions of the
Brentwood Municipal Code relating to the preservation of trees.




                                              18
Chapter 7.05 Recreation

7.05.010       City of Brentwood Recreation Service Area: Established.

        The City of Brentwood Service Area is hereby authorized and established for conducting
recreation and activity programs pursuant to policies and guidelines established by the City
Council of the City of Brentwood and effectuated by the City of Brentwood Parks and Recreation
for use of City and School District facilities and for enrollment in City sponsored and co-
sponsored recreation activities.

7.05.020       City of Brentwood Service Area: Boundaries.

As of the effective date of this section, the City of Brentwood Service Area Boundaries shall be
the Brentwood city limits. The City of Brentwood Service Area Boundaries may be amended
from time to time by resolution of the City Council of the City of Brentwood with input and
recommendation by the Parks and Recreation Commission.

7.05.030       City of Brentwood Service Area: Policy: Fees.

A. The Director, with recommendation(s) from the Parks and Recreation Commission, shall
   establish, adopt and amend guidelines, policies, rules and regulations for the use of facilities
   within the boundaries of the City of Brentwood Service Area.
B. The City Council may by resolution, with recommendation(s) from the Parks and Recreation
   Commission, set fees for participation in recreation programs sponsored or co-sponsored by
   the City and held at facilities within the boundaries of the City of Brentwood Service Area.

7.05.040       Organized Leagues.

        Organized league play in City of Brentwood parks and facilities is by permit only. An
organized league is defined as a group of more than 10 players or a group that holds games on
a regular schedule. An organized league is self-supportive and self-administered and shall
furnish all necessary materials, finances, and workers to organize, conduct and administer its’
own program. Organized leagues must adhere to the safety and liability rules and regulations
for use of available fields set by the City of Brentwood. All coaches, parents, and participants
must adhere to the “Code of Conduct” that has been adopted by the Parks and Recreation
Commission. The City of Brentwood reserves the right to identify specific parks and facilities for
organized league use for games and/or practices.




                                                19
Chapter 7.06 Trails

7.06.010       Vehicle regulations.

        When riding on a city trail, all vehicles shall be ridden, driven, or operated on the right-
hand side of the road paving, as close as physical conditions permit, and shall be kept in single
file when two (2) or more are operating as a group. Operators shall at all times operate their
vehicles when upon a city trail with reasonable regard to the safety of others, signal all turns,
pass to the left of any vehicle or pedestrian they are overtaking, and pass to the right of any
vehicle they may be meeting.

7.06.020       Trail rules.

       When on a city trail, trail users shall abide by the following rules:

A.   Be safe, considerate, and aware of your impact on the park and other trail users.
B.   The trails are to be used only during the period between dawn to dusk, unless there is
     approval by the Director for use other than during this period.
C.   Motorized vehicles are prohibited, except authorized city vehicles or trails so designated
     and posted.
D.   Bicycles are permitted only on paved roads and on paved and unpaved multi-use trails.
E.   Bicycles are prohibited on trails that are designated for hiking and horseback riding use
     only.
F.   Excessive speed or reckless trail use are prohibited.
G.   Bicyclists shall reduce speed and call out, or ring their bell before passing.
H.   Bicyclists under 18 years of age are required to wear a helmet. Helmets are
     recommended for adult Bicyclists and equestrian users.
I.   Bicyclists shall be equipped with standard bicycle reflectors and light for hours of
     darkness.
J.   Trail users should call out and wait for instructions before passing an equestrian user.
K.   Trail users shall keep to the right and go single file on curves.
L.   Dogs must be leashed and under control at all times.
M.   Owners of dogs shall dispose of their dog’s waste in appropriate waste containers.
N.   Open containers or consumption of alcoholic beverages are not permitted.
O.   Hunting or shooting is prohibited.
P.   All plants and wildlife shall be left alone and are protected by law.
Q.   Advertisements shall not be posted.




                                                 20
Chapter 7.07           Applicability of Other Laws

7.07.010       Applicable of Other Laws.

        Nothing in this Title 7 shall exempt any person from applicable provisions of any other
laws of this state or the City.

SECTION 2.       Deletion of B.M.C. Chapter 9.48 and Chapter 12.16.

       Brentwood Municipal Code Chapter 9.48, Use of City Park and Chapter 12.16, Street
Trees are hereby deleted in their entirety.

SECTION 3:       Constitutionality or Severability.

       If any section, subsection, sentence, clause, phrase or word of this ordinance is for any
reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason,
such decision shall not affect the validity of the remaining portions of the ordinance. The City
Council hereby declares that it would have passed this ordinance and each section, subsection,
sentence, clause, phrase and word thereof, irrespective of the fact that any one or more
section(s), subsection(s), sentence(s), clause(s), phrase(s) or word(s) be declared invalid.

SECTION 4:       Savings Clause.

        The changes provided for in this ordinance shall not affect any offense or act committed
or done or any penalty or forfeiture incurred or any right established or accruing before the
effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or
any judgment rendered prior to the effective date of this ordinance.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting on the 26th day of October, 2004 by the following vote:




                                                21
                                CITY COUNCIL AGENDA ITEM NO. 17


Meeting Date: October 26, 2004

Subject/Title:       Approve a Resolution authorizing the City Manager to negotiate a Purchase
                     and Sale Agreement with Liberty Union High School District for the relocation
                     of the Bus Barn and directing the City Manager to return to Council with the
                     details for authorization to sign the Agreement, begin design and go out to bid

Submitted by: John Stevenson, City Manager



RECOMMENDATION
Approve a Resolution authorizing the City Manager to negotiate a Purchase and Sale
Agreement with Liberty Union High School District for the relocation of the Bus Barn and
directing the City Manager to return to Council with the details for authorization to sign the
Agreement, begin design and go out to bid.

PREVIOUS ACTION
None.

BACKGROUND
Brentwood’s leaders have been trying for decades to relocate the Liberty Bus Barn out of the
downtown area. The City’s Downtown Specific Plan, which is nearing completion after 10
months and 6 well-attended community workshops and Council meetings, clearly will not
recommend that use in our downtown core. All recent Liberty School Boards have been in favor
of moving it to a more appropriate site, if only they could find that site and the funding necessary
to accomplish the task. All recent City Councils have had similar desires; however, until now
the right site never seemed to be available.

Superintendent Dan Smith and I have been brainstorming the subject for months now, and have
crafted what we both feel is the right location, and a draft of the Major Points of Interest which
we both feel is a win/win for the School District, the City, and the community.

The “Major Points of Interest” are attached to this staff report as Exhibit “A.” There are a
number of distinct advantages to this agreement. First, it transfers ownership of the current Bus
Barn to the City which promises new and interesting opportunities for sighting a new Civic
Center. Second, it develops a new, larger, expandable Transportation Maintenance Facility for
the School District at no cost to the District. Third, it locates the facility in a location that is
remote, without neighbors to bother and it just happens to be excess City property which is
available for liquidation. The excess property in question is the triangular 2.3-acre parcel south
of the new police facility.

Staff has included in the “Major Points of Interest” an Option to expand the acreage of the new
Transportation Maintenance Facility to accommodate future expansion for additional busses,
and the Transportation Administration Facility in return for the School District transferring
ownership of the 5 tennis courts north of the Bus Barn to the City. This option would be
accompanied by the City replacing the tennis courts with a new tennis court complex (12 courts)
on existing School District property.




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FISCAL IMPACT
Costs are estimated at $200,000 for design of the new Transportation Maintenance Facility,
$50,000 for environmental analysis on the new site and an additional $50,000 on the existing
Bus Barn for environmental analysis and appraisal, and $2 million for construction. If the District
elects to exercise the option for the tennis courts, that will increase costs by an additional $1
million. More refined cost estimates and funding sources will be detailed when the City
Manager returns with the final Agreement and requests authorization to sign the Agreement.


Attachments:
Resolution
Exhibit “A” Major Points of Interest




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                                                 RESOLUTION NO.


         A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
         AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PURCHASE AND SALE
         AGREEMENT WITH LIBERTY UNION HIGH SCHOOL DISTRICT FOR THE
         RELOCATION OF THE BUS BARN AND DIRECTING THE CITY MANAGER TO
         RETURN TO COUNCIL WITH THE DETAILS FOR AUTHORIZATION TO SIGN THE
         AGREEMENT, BEGIN DESIGN AND GO OUT TO BID


      WHEREAS, Brentwood’s leaders have been trying for decades to relocate the Liberty
Bus Barn out of the downtown area; and

       WHEREAS, the City’s Downtown Specific Plan clearly will not recommend that use in
our downtown core; and

      WHEREAS, all recent Liberty School Boards and City Councils have been in favor of
moving it to a more appropriate site, if only they could find that site and the funding necessary to
accomplish the task; and

       WHEREAS, the District Superintendent and the City Manager have crafted what they
both feel is the right location, and a draft of the Major Points of Interest (Exhibit ‘A’ attached)
which they both feel is a win/win for the School District, the City, and the community; and

       WHEREAS, the Agreement transfers ownership of the current Bus Barn to the City
which promises new and interesting opportunities for sighting a new Civic Center; and

        WHEREAS, it develops a new, larger, expandable Transportation Maintenance Facility
for the School District at no cost to the District; and

       WHEREAS, it locates the facility in a location that is remote, without neighbors to bother,
and is the City’s excess triangular 2.3-acre parcel south of the new police facility which is
available for liquidation; and

        WHEREAS, included in the “Major Points of Interest” is an Option to expand the acreage
of the new Transportation Maintenance Facility to accommodate future expansion for additional
busses, and the Transportation Administration Facility in return for the School District
transferring ownership of the 5 tennis courts north of the Bus Barn to the City; and

        WHEREAS, this option would be accompanied by the City replacing the 5 tennis courts
with a new tennis court complex (12 courts) on existing School District property.

        NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood
that the City Manager is hereby authorized to negotiate a Purchase and Sale Agreement with
Liberty Union High School District for the relocation of the Bus Barn.

       BE IT FURTHER RESOLVED that the City Manager is hereby directed to return to
Council with the details for authorization to sign the Agreement, begin design and go out to bid.

       PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 26th day of October 2004 by the following vote:



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                                                    Exhibit “A”

                         Joint Venture Opportunities
           City of Brentwood and Liberty Union High School District

    Brentwood City Hall Construction and Relocation of LUHSD Transportation Services

                                       MAJOR POINTS OF INTEREST

General Points
• Both the City of Brentwood (‘City’) and the Liberty Union High School District (‘District’) will
   mutually benefit from all joint ventures which will be crafted as win/win agreements.
• What is good for the District is good for the City, and what is good for the City is good for
   the District.
• The plans for any new District facilities must be approved by the appropriate State
   agencies, as well as the School Board.
• All agreements will be approved by both the School Board and the City Council, with the
   Superintendent and City Manager acting as the negotiating parties to formulate and submit
   any agreements for consideration.
• No agreement is final unless approved by the School Board and City Council or their
   authorized representatives.

Transportation Relocation
• It is the desire of the District and the City to relocate the transportation facility out of the
    downtown area.
• Any change to the transportation location, operations, or service must be acceptable to the
    East County School District Transportation Consortium.
• It is the intent that the new Transportation Maintenance Facility will be a stand-alone facility
    owned and operated by the District, not a joint facility.

•    City Responsibility
      1.   Transfer to LUHSD 1.3 acres excess property adjacent to the new police facility and
           ECCID Canal
      2.   Design and develop 1.0 acre of the site to park approximately 24 school busses and
           28 cars and construct a building to service busses (current facility parks 20 busses
           and 0 cars)
      3.   Lift equipment will be included in the new maintenance building
      4.   Restrooms and a break room will be included in the maintenance building
      5.   Above-ground diesel fueling station will be constructed as a part of the new
           transportation maintenance site
      6.   Install area lighting and striping in the new facility
      7.   Construct a public access road from Guthrie to the new maintenance facility
      8.   Install perimeter fencing around the 1.3 acre site
      9.   Replace the District well with an equivalent level of service or delete this square
           footage from the transfer of property
     10.   City will fund all consultant, design, construction, permitting and environmental costs
     11.   Design and construct an emergency exit gate to allow an emergency exit to the
           Police 2nd/southerly access drive to Highway 4
     12.   Facilities will be designed and constructed to District standards



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•    District Responsibility
      1.     Open escrow for the transfer of the 24,962 s.f. bus barn property to the City upon
             award of contract for design of the new facility and close escrow upon award of the
             construction contract
      2.     The square footage would be reduced if the District well is not replaced, but remains
             active for District operation
      3.     Cooperate with the City in allowing access to the bus barn site for surveying and
             design purposes and provide the City with any existing construction and/or design
             drawings for the site
      4.     Work with the City in the design of the new transportation area to ensure most
             efficient and cost effective utilization of site

•    Option 1 - Concurrent with new transportation maintenance facility design:

         City Responsibility
               1.  Design and construct a new Joint Use tennis complex (12 courts) on the new
                   High School property east of the Student Parking Lot
               2.  Demolish the existing tennis courts
               3.  Construct a new pedestrian access way to the High School campus
               4.  Transfer fee simple ownership of the additional 1.0 acre adjacent to the new
                   transportation maintenance facility to the District
               5.  Negotiate a Joint Use Agreement on the new 12-court tennis complex

         LUHSD Responsibility
             1.  Transfer the 0.5 acre currently occupied by the 5 tennis courts north of the
                 bus barn to the City upon award of contract for construction of the new 12-
                 court complex
             2.  Negotiate a Joint Use Agreement on the new 12-court tennis complex

City Hall Project
• It is the desire of the District and the City to permanently close the Maple Street school
    access; however, prior to Maple Street access being closed, the City and District will
    provide additional improved access to the Liberty High School (‘High School’) campus
    facilities. The specific access must be acceptable to the District. One option for this new
    access may be a 20-foot wide landscaped, 8-foot wide sidewalk around the old tennis court
    area to the campus, combined with a new gate into the swimming pool complex if access
    from the swimming pool into the campus were closed to through traffic.

•    If any facilities, services, or operations are relocated because of the construction of City
     Hall, the City will provide the same level of current conditions. The plans for relocated
     facilities, services, or operations must be acceptable to the District.

•    The City will have access to District property to conduct pre-construction activities.

Traffic Mitigation in front of High School
Diligently work together for mutual benefit on items to include:
• Determine the best placement for a stop light on Second Street, in front of High School.
     City will install the stop light as soon as possible.
• Plan, design and reconstruct the access and drop-off circulation to the front of the High
     School on Second Street and other safety improvements.




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                                                                                                             Item 18




MEMORANDUM                                                                             City Clerk’s Office



DATE:             October 26, 2004

TO:               Mayor and Council Members

FROM:             Karen Diaz, City Clerk/Director of Administrative Services

SUBJECT:          Subdivision No. 8601 Final Map Approval



In compliance with State Subdivision Map Act Section 66458 (d), and Municipal Code Section
16.165.030, please be advised that the above-referenced Final Map and associated Subdivision
Improvement Agreement have been presented to the City Manager for approval and execution.

Tentative Subdivision Map No. 8601, upon which this Final Map is based, was approved by
Planning Commission Resolution No. 02-87 on February 4, 2003. The property, located south
of the EBMUD right-of-way and west of the future extension of Shady Willow Lane, consisting of
36.64 acres being subdivided into 199 lots and 10 parcels, is being developed by Discovery
Builders, Inc. Per the conditions of approval of the Tentative Subdivision Map, the Developer
will be constructing Shady Willow Lane, Empire Avenue, Grant Street Frontage along the entire
project site and will extend Shady Willow Lane northerly to complete the connection to Lone
Tree Way.

This Final Map has been checked for conformance with the approved Tentative Subdivision
Map and all conditions of approval. The Developer has signed the proposed Subdivision
Improvement Agreement, the appropriate improvement security (Faithful Performance and
Labor & Materials Bonds No. 104042832 for on-site improvements and Faithful Performance
and Labor & Materials Bonds No. 104370390 for off-site improvements) has been posted, and
dedications for the appropriate roadways, parcels and easements have been offered.

In order for this Final Map to be recorded, the City Manager needs to approve the Subdivision
Map, accepting the offers of dedication as shown on the Subdivision Map and also execute the
Subdivision Improvement Agreement.




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