Agenda packet, second session — Brentwood City Council, November 14, 2023 (part 1 of 6)

CITY COUNCIL/SUCCESSOR AGENCY AGENDA
Zoom Webinar ID: 760 1397 0037

November 14, 2023, 7:00 p.m.

City Council Chambers
150 City Park Way
Brentwood, CA 94513
City Council Zoom Link
A. CALL TO ORDER & ROLL CALL
B. PLEDGE OF ALLEGIANCE
C. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.

Please file a speaker’s card with the City Clerk on the form provided on the counter at the back of the Chambers.

During this portion of the meeting those present in the Council Chambers are permitted to speak on items that are listed under Presentations; Informational Reports; Consent Calendar; Requests for Future Agenda Items- New Items; or items not on the agenda during this portion of the meeting. Public comments for scheduled agenda items should wait until that time.

Zoom participation during this general public comment period will not be accepted.

D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS, AND STAFF This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.

E. 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.

E.1 Minutes of the City Council/Successor Agency meeting of October 24, 2023 E.2 A Proclamation Proclaiming Saturday, November 25, 2023, as Small Business Saturday E.3 A Proclamation Proclaiming November 12, 2023, as a day to celebrate Diwali E.4 A Proclamation Proclaiming December 2023 as National Giving Month.

E.5 An Affordable Housing Agreement between the City of Brentwood and Shea Homes for Orchard Grove (Subdivision 9535)
Title/Recommendation
Adopt a resolution authorizing the City Manager to sign an Affordable Housing agreement between the City of Brentwood and Shea Homes for the Orchard Grove project (Subdivision 9535) and such other documents as may be needed to complete the transaction.

E.6 Americans with Disabilities Act Self-Evaluation and Transition Plan Update.

Title/Recommendation
Staff recommends the City Council adopt a Resolution approving the City’s Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Update (“Updated Plan”), and authorize the City of Brentwood ADA Coordinator, to develop a schedule for making the structural changes that were needed, and to monitor barrier removal implementation.

E.7 Agreement for Civil Engineering Services with Water Works Engineers, LLC for the Biosolids Dryer/Pyrolysis System Project.

Title/Recommendation
Staff recommends the City Council adopt a Resolution approving and authorizing the City Manager or designee to execute an Agreement for Civil Engineering Services (“Agreement”), and necessary documents, including Amendments, with Water Works Engineers, LLC in the amount of $986,960, plus funding authorization for a 10% contingency of $98,696, for a total funding authorization not to exceed Agreement amount of $1,085,656 for the Biosolids Dryer/Pyrolysis System (“Project”) as part of the Wastewater Treatment Plant Expansion - Phase II, CIP Project No. 592-59140.

E.8 Amendment No. 2 to the Agreement for Construction Management Services with Psomas for the Wastewater Treatment Plant Expansion.

Title/Recommendation
Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. Two to the Construction Management Services Agreement (“Agreement”), and necessary documents, including future amendments, with Psomas in the amount of $1,526,204.83, plus funding authorization for a 10% contingency of $152,620.48, for a total funding authorization not to exceed Agreement amount of $6,742,181.36 for the Wastewater Treatment Plant Expansion - Phase II, CIP Project No. 592-59140 (“Project”).

E.9 Fee Waiver for Be Exceptional for Fiscal Year 2023-2024, not to exceed $25,000 Title/Recommendation
A Resolution approving a fee waiver for Be Exceptional’s for use of the Brentwood Community Center, Brentwood Senior Activity Center and the Brentwood Skate Park for inclusive programming and programs designed for persons with disabilities.

Staff recommends City Council to adopt a Resolution approving a fee waiver for Fiscal Year 2023/24 in an amount not to exceed $25,000.

E.10 Second Reading of Ordinance No. 1064, Amending the City Council Signature Policy Title/Recommendation
Waive the second reading and adopt Ordinance No. 1064 amending the City Council Signature Authority Policy (10-13) to revise the signature authority of the City Attorney for legal service and personnel investigative service agreements from $50,000 to $75,000.

As the proposed change to the Policy will not cause either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment, it is not a “project” subject to review under the California Environmental Quality Act (CEQA) and thus no environmental review is necessary.

E.11 An Ordinance amending provisions of the Brentwood Municipal Code related to administrative citations and appeal procedures
Title/Recommendation
Staff recommends the City Council introduce and waive the first reading of an ordinance amending provisions of the Brentwood Municipal Code to update outdated chapter and section numbering references; revise Section 1.12.010 (Hearing Officer); revise, in its entirety, Chapter 1.24 (Administrative Citations); and make findings that these actions are exempt from the California Environmental Quality Act based on sections 15061 and 15358 of the Act’s Guidelines.

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E.12 Approval of Amendment No. 4 to the Contract for Landscape Maintenance Services with Terracare Associates.

Title/Recommendation
Staff recommends that City Council adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 4 to the Contract for Landscape Maintenance Services with Terracare Associates for a two-year term from January 1, 2024 to December 31, 2025, in the amount of $9,068,134.15, plus funding authorization of 15% for additional work in the amount of $1,360,220.13, for a total authorized not to exceed contract amount of $22,564,857.98 (for the 5-year contract term that began in January of 2021), and authorize the City Manager or designee to approve necessary documents for the additional work and extensions, if appropriate.

F. PUBLIC HEARINGS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.

F.1 Supplemental Mitigated Negative Declaration and Amended Mitigation Monitoring and Reporting Program for the Wastewater Treatment Plant Expansion – Phase II Project.

Title/Recommendation
Staff recommends that the City Council adopt a Resolution adopting a Supplemental Mitigated Negative Declaration and Amended Mitigation Monitoring and Reporting Program for the Wastewater Treatment Plant Expansion – Phase II Project, CIP Project No. 592- 59140.

F.2 Consideration of a resolution amending the Cost Allocation Plan and Schedule of City Fees to update mitigation fees implementing the East Contra Costa County HCP/NCCP Title/Recommendation
Adopt a resolution amending the FY 2023/24 Cost Allocation Plan and Schedule of City Fees to update mitigation fees implementing the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP), and repeal and replace Resolution No. 2022-56, which updated the HCP/NCCP fees on April 26, 2022.

G. BUSINESS ITEMS
Persons addressing the City Council using Zoom are asked to raise their hands using the Zoom feature. Those attending in person and wishing to address the Council may do so from the podium. The Council may adopt reasonable regulations at the onset of each business item to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the item shall follow the protocol for Public Comments. Public comment on each of the following items is limited to what is described in the specific agenda item.

G.1 Request for Proposal for Consultant to assist with Brentwood Senior Center Operational Assessment & Citywide Recreational Customer Satisfaction Survey.

Title/Recommendation
Authorize staff to issue a Request for Proposal for Consultant to assist with Brentwood Senior Center Operational Assessment & Citywide Recreational Customer Satisfaction Survey.

G.2 Review and discussion of the actions contained within the General Plan Conservation and Open Space Element, including prioritization, implementation status, and cost Title/Recommendation
Review and discussion of the actions contained within the General Plan Conservation and Open Space Element, including prioritization, implementation status, and cost. Staff recommends that the Council review the information contained within this report and the attached table, and prioritize those actions remaining to be implemented within their respective terms.

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G.3 Consideration and direction related to the cost-benefit analysis for the possible outsourcing of wastewater lateral repair work.

Title/Recommendation
That the City Council receive the informal cost-benefit analysis for the possible outsourcing of new budgeted positions for the wastewater lateral repair and/or replacement work as identified in and funded by the FY 2023-24 – 2027/28 Wastewater Enterprise Rate Study.

G.4 Lease Agreement with the Downtown Brentwood Coalition (DBC) for use of the Women’s Club located at 648 2nd Street
Title/Recommendation
Staff recommends that the City Council adopt a resolution authorizing the City Manager to sign a fifty-four (54) month lease with the Downtown Brentwood Coalition (DBC) for the city-owned property commonly referred to as the Women’s Club that is located at 648 Second Street. The DBC will complete and pay for all necessary building and site improvements to support its administrative functions at the site.

H. REQUEST FOR FUTURE AGENDA ITEMS - NEW REQUESTS
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting
I. ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting is available for inspection at City Hall, located at 150 City Park Way, during normal business hours.

These writings will also be available for review at the City Council meeting in the public access binder in the entrance of the City Council Chambers.

Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online at www.brentwoodca.gov/councilmeetingonline within one day following the meeting, and will be summarized in the meeting minutes.

The Closed Captioning provided via Zoom is auto generated. It is not the official record and is provided as a convenience.

If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing
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 November 9, 2023, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

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1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
October 24, 2023, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:00 p.m.

Roll Call found the following members present; Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.

B. PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.

C. PUBLIC COMMENTS
Rod Flohr spoke regarding the Zoom platform and felt there were ways logins could be required so that remote public comment could be reinstated for the general public comment period.

Paul Jarvis spoke regarding oil drilling moratorium and stated support for rejecting any items that have an oil component used in the production.

Denise Duran thanked the Council for their response to the hate speech and reported on Chamber events.

D. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Mendoza reported on attendance at the CalCities Mayor and Council Member Roundtable, volunteered at and attended Oktoberfest event, the Unity Event at City Park, a CALE meeting, Latino Caucus Communication Subcommittee, a screening of a Million Miles Away, and a costume giveaway for field workers by Hijas DelCampo.

Council Member Pierson reported on attendance at the CalCities East Bay Division meeting, watched the Planning Commission meeting of September 19, 2023, attendance at the Brentwood Union School District Diversity Committee retreat, and reported on the PAL Board Tamalefest and a PAL booth at Hometown Halloween.

Council Member Oerlemans reported on attendance at the Farmers Market, Oktoberfest, Unity Rally, reported he watched the September 19, 2023, Planning Commission meeting. He reported on the PAL Tamalefest and attendance for the homecoming for an injured Brentwood Police Officer. He further recognized the work of Chief Herbert during the time following the incident where the officer was injured.

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2 Vice Mayor Meyer reported on attendance at the CalCities Mayor and Council Member Roundtable, the CALE Legislation Review, Candidate forums for Senate and Assembly, the Unity Rally, Stand Against Violence Rebuilding Lives event, the Measure X Community Advisory Meeting, meetings with City Council Members from other cities, and volunteered and attended Oktoberfest.

Mayor Bryant reported on attendance at the Unity Rally, a Transplan meeting, ECCRFFA meeting, a State Route 4 Bypass meeting, Oktoberfest, a meeting with TriDelta Transit Director, a retirement event for Officer Rezentes. He further reported he was on scene at the incident where the Brentwood Police Officer was stabbed in his capacity as Police Chaplain. He further reported on attendance at ribbon cutting for American Family Care Urgent Care.

E. CONSENT CALENDAR
Mayor Bryant requested removal of item E.2 and E.3 from the Consent Calendar. Council Member Mendoza requested Item E.14 be removed from the Consent Calendar.

It was moved/seconded by Pierson/Meyer to adopt the Consent Calendar as recommended by staff excepting Items E.2, E.3, and E.14, which were pulled for additional discussion.

The Clerk read the titles for Ordinance 1062 and 1063.

Motion Carried unanimous with Council Members Mendoza, Meyer, Oerlemans, Pierson, and Mayor Bryant in favor.

E.1 Minutes of the City Council/Successor Agency meeting of October 10, 2023
E.2 A Proclamation Proclaiming November 12th to November 18th 2023, United Against Hate Day
Mayor Bryant read the proclamation.

Moved by: Tony Oerlemans, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Proclaimed November 12, 2023 to November 18, 2023, as United Against Hate Week.

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3 Moved by: Tony Oerlemans, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Proclaimed November 11, 2023, as Veterans Day.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
E.4 A Proclamation Proclaiming November 2023, as Pancreatic Cancer Awareness Month
E.5 A Proclamation Proclaiming November 2023, as Native American Heritage Month
E.6 A Proclamation Proclaiming November 2023 as American Diabetes Awareness Month
E.7 A Proclamation Proclaiming November 1, 2023, as Shelter in Place Awareness Day
E.8 A Proclamation Proclaiming November 8, 2023, as National Town Planning Day
E.9 A Proclamation Proclaiming November 10, 2023, as International Accounting Day
E.10 Amendment to the Community Development Block Grant Program, HOME Investment Partnership Program, and Emergency Solutions Grant Program Cooperation Agreement.

Adopted Resolution 2023-125 approving and authorizing the City Manager or designee to sign an Amendment to the Community Development Block Grant Program, HOME Investment Partnership Program, and Emergency Solutions Grant Program Cooperation Agreement to extend the agreement and provisions related to the Affirmatively Furthering Fair Housing Final Rule; and any other such documents necessary for the implementation of the agreement.

E.11 Authorize submittal of CalRecycle Local Assistance Grant Program applications.

Adopted Resolution 2023-126 authorizing the submittal of application(s) for CalRecycle Local Assistance grants for which the City of Brentwood is eligible.

E.12 Second Readings of Amendments to the Brentwood Municipal Code in response to SB 1186 (Weiner) – Medicinal Cannabis Patients’ Rights Access Act

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4 Waived second reading of and adopted ordinance 1062 repealing Chapter 17.780 (Marijuana Facilities and Cultivation) and Chapter 9.50 (Marijuana Facilities and Cultivation) of the Brentwood Municipal Code and replace them in their entirety by adopting new Chapter 17.780 (Cannabis Facilities and Cultivation) and an Ordinance 1063 Chapter

9.50 (Cannabis Facilities and Cultivation) to leave in place existing prohibitions on cannabis cultivation, cannabis dispensaries, and nonmedicinal cannabis deliveries within the City of Brentwood, while allowing for and regulating medicinal cannabis deliveries, as required by SB 1186.

E.13 Side Letter between the City of Brentwood and the Brentwood Police Officers’ Association
Adopted Resolution 2023-127 Approving and Authorizing the City Manager to execute a Side Letter between the City of Brentwood and the Brentwood Police Officers’ Association to ensure compliance with CalPERS rules and best practices; and Authorizing the Implementation of the Side Letter’s Terms and Conditions.

E.14 An Ordinance Amending the City Council Signature Policy Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Introduced and waived the first reading ordinance 1064 amending the City Council Signature Authority Policy (10-13) to revise the signature authority of the City Attorney for legal service and personnel investigative service agreements from $50,000 to $75,000.

The City Clerk read the title of the Ordinance.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F. PUBLIC HEARINGS
F.1 Call for Review of the Planning Commission’s decision to approve applications for a Vesting Tentative Subdivision Map and a Design Review with associated Mitigated Negative Declaration for the Hanson Lane single-family residential project.

Following the presentation of the staff report, the Mayor opened the Public Hearing.

Keven Fryer, Meritage Homes, Applicant, spoke in support of the project.

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5 Javier Hurtado spoke regarding the project, and requested a masonry fence be installed and spoke regarding impacts to the existing neighbors.

Maria Sanchez requested additional park space, and traffic impacts and safety to the existing neighbors.

Rod Flohr spoke in support of the item being called for review.

Carolina Villaseca spoke in support of increasing the park space and spoke regarding impacts to the existing neighbors.

Rosa inquired about EV Access and requested clarification and requested additional park space.

Dave Sparling stated the vote at the Planning Commission was four in favor and one absent.

Sinziana Todor spoke regarding the need for additional park space that could be easily accessed by neighbors.

Danny Dohrmann spoke regarding the importance of parks for the youth in the neighborhood.

There being no one else wishing to speak, it was moved/seconded by Meyer/Pierson to close the public hearing. Motion carried unanimous with Council Members Meyer, Mendoza, Oerlemans, Pierson, and Mayor Bryant in favor.

Mayor Bryant called for a recess at 9:37 p.m. and the City Council reconvened at 10:02 p.m.

The City Council requested amendments to the Resolutions that were included in the agenda packet with additional and amended conditions of approval that included moving lots 1-5 to the southwest corner of Hanson Lane and Meganos Road, the creation of an additional approximate one-acre on-site park that would include the EVA parcel (Parcel X); clarifying that the plans shall comply with the requirements of the Fire District, the addition of a decorative masonry wall along the western property line to be a minimum of 6 feet in height from both sides; and authorizing staff to correct any administrative errors in the resolutions. Staff Prepared revised Resolutions for the Council, and provided an overview prior to adoption of the Resolutions.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2023-129 approving a Mitigated Negative Declaration (IS/MND)
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor

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6 Motion Approved (5 to 0)
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2023-130 a Vesting Tentative Subdivision Map (VTSM 9547) as amended.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Adopted Resolution 2023-131 a Design Review (DR 21-006) for the 94 single-family homes to be constructed as amended.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
G. BUSINESS ITEMS
G.1 Establishing the Intern classification, job description, and salary range Following the presentation of the staff report, Mayor Bryant opened the public comment period.

Carolina Villaseca spoke in support of the program.

There being no one else wishing to speak, the public comment period was closed.

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Adopted Resolution 2023-128 establishing the Intern classification, job description, and salary range; and authorize the City Manager with administrative authority to implement the Intern Classification.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)

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7 G.2 Planning Commission Request to Amend Rules and Procedures Regarding Public Comments of Items on the Agenda
Following the presentation of the staff report, Mayor Bryant opened the public comment period.

Rod Flohr spoke in opposition to staff's recommendation and felt there were options to allow his procedure to be implemented.

Danny Dohrmann concurred with the comments made by the previous speaker.

There being no one else wishing to speak, the public comment period was closed.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
The City Council accepted staff's recommendation to deny the request.

I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Consider a Request from Council Member Pierson regarding a review of Brentwood Municipal Code sections that are no longer enforceable Council Member Pierson presented her request.

Following the presentation of the request, Mayor Bryant opened public comment period.

Rod Flohr Spoke in support of the requested item.

There being no one else wishing to speak the public comment period was closed.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
Authorized staff to spend time and resources on the preparation of a report on required funding, a timeline, and the prioritization of review of the Brentwood Municipal Code for sections that are no longer enforceable, and that the process be continuous.

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8 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
I.2 Consider a Request from Council Member Pierson for the Creation of an Anti-racism and Anti-hate Crime Policy
Items I.2, I.3, and I.4 were considered together.

Council Member Pierson presented her requests.

Following the presentation of the requests, Mayor Bryant opened the public comment period.

Gerald Johnson spoke in support of the agenda items, and felt the use of minority owned businesses should be considered when purchasing goods and services for the City.

Danny Dohrmann spoke off topic of the agenda item.

Rod Flohr spoke in support of the item.

There being no one else wishing to speak the public comment period was closed.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Jovita Mendoza, Council Member
Authorized staff to spend time and resources to develop a Race and Equity Commission to include stakeholders and elected officials, and that the Commission be tasked with the creation of a citywide racial equity plan, and from it, create an anti-racism and anti-hate crime policy.

Items I.2, I.3, and I.4 were considered together.

See Item I.2 for action taken.

I.4 Consider a Request from Council Member Pierson for the Creation of a Race and Equity Commission
Items I.2, I.3, and I.4 were considered together.

See Item I.2 for action taken.

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9 I.5 Consider a Request from Vice Mayor Meyer regarding amending the process for Council presentations of proclamations
Vice Mayor Meyer presented her request.

Following the presentation on the request, Mayor Bryant opened the public comment period. There being no one wishing to speak, the public comment period was closed.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
Directed staff to spend time and resources updating the appropriate policies to (a) require that proclamations remain on Consent unless there is someone present to accept them, and (b) clarify the process if a proclamation is pulled from Consent, whereby it will either (1) be read by the Council Member who pulled it, or (2), if multiple Council Members request to present the proclamation, that it be read by the Mayor.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
I.6 Consider a Request from Vice Mayor Meyer for the Creation of a Council Committee for Age Friendly Communities
Vice Mayor Meyer presented her request.

Following the presentation on the request, Mayor Bryant opened the public comment period. There being no one wishing to speak, the public comment period was closed.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
Directed staff to spend time and resources to prepare a staff report to create a committee or commission that may include stakeholders from the community.

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10 I.8 Consider a Request from Council Member Mendoza Establishing a Council Design Standards Committee
Request Withdrawn
I.9 Consider a Request from Council Member Mendoza establishing a Budget Review Committee
Council Member Mendoza presented her request.

Following the presentation on the request, Mayor Bryant opened the public comment period. There being no one wishing to speak, the public comment period was closed.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
Directed staff to spend time and resources to re-introduce the Budget Committee.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
I.10 Consider a Request from Council Member Mendoza for an appraisal for the former Davis Camp property & Process Discussion about Rezoning the Site and Developing it, in Part, as a Park
Request Withdrawn
J. ADJOURNMENT
It was moved/seconded by Pierson/Oerlemans to adjourn at 12:33 a.m.

Motion carried unanimous with Council Members Meyer, Mendoza, Oerlemans, Pierson, and Mayor Bryant in favor.

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I PROCLAMATION
WHEREAS, the City of Brentwood, celebrates our local small businesses and the contributions they make to our local economy and community; and WHEREAS, according to the U.S. Small Business Administration, there are

33.2 million small businesses in the United States: small businesses represent 99.7% of firms with paid employees, small businesses are responsible for 62.7% of net new jobs created since 1995, and small businesses employ 46.4% of the employees in the private sector in the United States; and_
WHEREAS, 68 cents of every dollar spent at a small business in the United States stays in the local community and every dollar spent at small businesses creates an additional 48 cents in local business activity as a result of employees and local businesses purchasing local goods and services; and
WHEREAS, 72% of consumers reported that Small Business Saturday 2022 made them want to shop and dine at small, independently-owned retailers and restaurants all year long; and
WHEREAS, Brentwood supports local businesses that create jobs, boost our local economy, and preserve our communities; and
WHEREAS, advocacy groups, as well as public and private organizations, across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Brentwood does hereby recognize November 25, 2023 as

SMALL BUSINESS SATURDAY
and urge the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and to Shop Small throughout the year.

Dated this 14th day of November, 2023

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CITY COUNCIL AGENDA ITEM NO. E.5
11/14/2023
TITLE: An Affordable Housing Agreement between the City of Brentwood and Shea Homes for Orchard Grove (Subdivision 9535)
DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Community Development Director
Sylvia Elias, Senior Housing Analyst

RECOMMENDATION
Adopt a resolution authorizing the City Manager to sign an Affordable Housing agreement between the City of Brentwood and Shea Homes for the Orchard Grove project (Subdivision 9535) and such other documents as may be needed to complete the transaction.

FISCAL IMPACT
Shea Homes will be constructing six affordable homes in the Orchard Grove subdivision, thus, no in-lieu fees will be collected as a result of this agreement. The Orchard Grove project is subject to the previous affordable housing ordinance (Ordinance No. 909), which allowed for the collection of in-lieu fees and/or the building of affordable residential units.

BACKGROUND
The Orchard Grove (Subdivision 9535) project will be developed by Shea Homes.

On September 13, 2022, the project was approved by the City Council. Pursuant to Resolution No. 2022-115, the City Council approved the developer’s application for a vesting tentative subdivision map including a density bonus, and pursuant to Resolution No. 2022-116, the City Council approved the developer’s application for design review for the project. To comply with the conditions of approval and satisfy the project’s affordable housing obligation, Shea Homes must enter into an Affordable Housing Agreement.

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CITY COUNCIL AGENDA ITEM NO. E.5
11/14/2023

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 4: Community Development, Goal 1: Provide a diversity of housing opportunities, including equitable distribution of affordable housing for all socioeconomic segments of the Brentwood community.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

ANALYSIS
The application for the Orchard Grove project (Subdivision 9535) was deemed complete on May 26, 2020; therefore, the project is subject to a previous version of the Affordable Housing Ordinance (Ordinance No. 909). Under Ordinance No. 909, developers of residential developments of twenty-five (25) or more lots are required to fulfill an affordable housing obligation of two percent of the total number of dwelling units as affordable units.

The Orchard Grove project includes a total of fifty-one (51) units; forty-five (45) market rate units and six (6) affordable duet units. Per the affordable housing obligation of 2%, a total of one affordable unit was required for the project. However, Shea Homes will build six (6) affordable units total – five (5) units for moderateincome households, thus qualifying for processing under the State’s Density Bonus Law, and one (1) unit for a low-income household, as required by the City’s affordable housing ordinance.

At its August 15, 2022 meeting, the Land Use and Development Committee (LUD) reviewed the affordable housing obligation for the Orchard Grove project and recommended that the agreement include the placement of affordable units in the project, and recommended that the Affordable Housing Agreement require that the affordable housing units be constructed concurrently with the market rate units per the requirements of the affordable housing ordinance. The agreement presented to the City Council for its approval includes these provisions.

DATE OF NOTICE
Not Applicable

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CITY COUNCIL AGENDA ITEM NO. E.5
11/14/2023

ENVIRONMENTAL DETERMINATION
Not Applicable

ATTACHMENT(S)

1. Previous Action(s)

2. Resolution

3. Affordable Housing Agreement – Orchard Grove

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ATTACHMENT 1
Previous actions related to this agenda item that were taken by the City Council are listed below.
 Visit www.brentwoodca.gov/meeting, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On May 3, 2022, the Planning Commission held a public hearing and adopted Resolution Nos. 22-004, 22-005, and 22-006, recommending that the City Council approve a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan, Vesting Tentative Subdivision Map No. 9535, and Design Review No. 20-002 for the 51-unit Orchard Grove project.

On June 28, 2022, the City Council held a public hearing to consider the Planning Commission’s recommendation to approve the project. After Council deliberation, a motion was made to continue the item to a future date. As part of that motion, the Council referred the item to the Land Use and Development Committee to review certain aspects of the project and potentially recommend changes prior to the project being rescheduled for Council consideration.

On August 15, 2022, the Land Use and Development Committee held a public meeting to review certain aspects of the project. As a result, the Committee recommended changes related to the landscaping, fencing, duet units, and bio-retention area prior to the project being rescheduled for Council consideration.

On September 13, 2022, the City Council adopted Resolution 2022-114, approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan; adopted Resolution 2022-115, approving Vesting Tentative Subdivision Map 9535, as conditioned (the Council amended conditions 15 and 20, and added a new condition 26); and adopted Resolution 2022-116, approving Design Review No. 20-003, as conditioned (the Council amended condition 4).

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RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER TO SIGN AN AFFORDABLE HOUSING AGREEMENT

BETWEEN THE CITY OF BRENTWOOD AND SHEA HOMES FOR THE
ORCHARD GROVE PROJECT (SUBDIVISION 9535) AND SUCH

OTHER DOCUMENTS AS MAY BE NEEDED TO COMPLETE THE

TRANSACTION
WHEREAS, on December 11, 2012, the City Council adopted Ordinance 909, an Ordinance of the City Council of the City of Brentwood approving an amendment to the City’s Affordable Housing Program; and
WHEREAS, on April 28, 2020, the City Council adopted Ordinance 1014, an Ordinance of the City Council of the City of Brentwood approving an amendment to the City’s Affordable Housing Program, which became effective on May 28, 2020; and WHEREAS, developments with applications deemed complete prior to the effective date of Ordinance 1014 are subject to the previous affordable housing ordinance (Ordinance No. 909); and
WHEREAS, the application for the Orchard Grove (Subdivision 9535) project was deemed complete on May 26, 2020; therefore, the project is subject to the affordable housing Ordinance in effect at that time (Ordinance No. 909); and WHEREAS, Ordinance No. 909 requires developers of residential developments of twenty-five (25) or more lots to fulfill an affordable housing obligation of 2% of the total number of dwelling units as affordable units; and WHEREAS, the Developer has elected to provide six (6) affordable units (duet units) total comprising five (5) units affordable to moderate-income households, thus qualifying for processing under the State’s Density Bonus Law, and one (1) unit affordable to a low-income household, as required by the City’s affordable housing ordinance (Ordinance No. 909); and
WHEREAS, a Condition of Approval for Subdivision 9535 requires Shea Homes (the “Developer”) to comply with the City of Brentwood Affordable Housing Program; and
WHEREAS, on August 15, 2022, the Land Use and Development Committee (LUDC) reviewed the affordable housing obligation for Subdivision 9535, which required one low income unit to be built; and

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WHEREAS, the City Council elected for the Developer to satisfy their affordable housing obligation by building 1 low income unit, in addition to the 5 moderate-income units to be provided by Developer in order to qualify for a State Density Bonus, and selling the units to income qualifying families.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute:

1. An Affordable Housing Agreement with Shea Homes for the Orchard Grove project, in a form substantially similar to that attached hereto, subject to minor revisions approved by the City Attorney;

2. The exhibits attached to the affordable housing agreement, subject to minor revisions approved by the City Attorney; and

3. Such other documents as may be required to ensure the transfer of the affordable units in accordance with the terms of the Affordable Housing Agreement and subsequent compliance therewith.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of November 2023 by the following vote:

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CITY COUNCIL AGENDA ITEM NO. E.6
11/14/2023
SUBJECT: Americans with Disabilities Act Self-Evaluation and Transition Plan Update.

DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works

TITLE/RECOMMENDATION
Staff recommends the City Council adopt a Resolution approving the City’s Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Update (“Updated Plan”), and authorize the City of Brentwood ADA Coordinator, to develop a schedule for making the structural changes that were needed, and to monitor barrier removal implementation.

FISCAL IMPACT
If approved, the Updated Plan will result in an annual cost of approximately $11,000 for support software for tracking and managing the results of the self-evaluation.

The funding for this annual cost is included in the FY 2023/24 General Fund Operating Budget and will be included in the proposed 2024/25 – 2025/26 General Fund Operating Budget.

BACKGROUND
The ADA is a wide-ranging civil rights law that mandates equal opportunity for individuals with disabilities. Broadly speaking, ADA regulations require public entities to reasonably modify their policies, practices, or procedures to avoid discrimination against people with disabilities.

In 1999, the City completed its initial ADA Self-Evaluation and Transition Plan to fulfill specific legal requirements of Title II of the ADA. Staff has updated the 1999 Plan with the attached Updated Plan, which describes in detail the process developed to re-evaluate the City’s activities, and provide recommendations for the modification of facilities, public rights-of way and programs, to facilitate the opportunity of access to all individuals. Upon Council’s approval of the Updated Plan, City staff will perform the self-evaluations, and follow the guidance in the Updated Plan.

Most City facilities, including City Hall, the Community Center, and the parking garage were designed and built recently enough to have incorporated the most recent ADA

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CITY COUNCIL AGENDA ITEM NO. E.6
11/14/2023
standards during initial construction and are likely to already be in compliance with regulations. As a means to ensure compliance, all City facilities, buildings, parks, public sidewalks and intersections, will be inspected as part of the self-evaluation process. City staff will perform the self-evaluations and follow the guidance in the Updated Plan to eliminate any accessibility barriers that may be found.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

ENVIRONMENTAL DETERMINATION
Not Applicable.

ATTACHMENT(S)

1. Previous Actions

2. Resolution

3. ADA Self-Evaluation and Transition Plan Update

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Attachment 1

PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
 Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
 Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.

On June 8, 1999, by Resolution No. 99-142, the City Council adopted the City of Brentwood Americans with Disabilities Act Title II Transition Plan, and authorized the City Manager, as the City of Brentwood ADA Coordinator, to develop a schedule for making the structural changes that are needed, and to monitor barrier removal implementation.

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RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD APPROVING THE CITY’S AMERICANS WITH

DISABILITIES ACT SELF-EVALUATION AND TRANSITION PLAN
UPDATE.

WHEREAS, on June 8, 1999, by Resolution No. 99-142, the City Council adopted the City of Brentwood Americans with Disabilities Act (ADA) Title II Transition Plan, and authorized the City Manager, as the City of Brentwood ADA Coordinator, to develop a schedule for making the structural changes that were needed, and to monitor barrier removal implementation; and
WHEREAS, Title II of the ADA is a wide-ranging civil rights law that mandates equal opportunity for individuals with disabilities; and WHEREAS, ADA regulations require public entities to reasonably modify their policies, practices, or procedures to avoid discrimination against people with disabilities; and
WHEREAS, the ADA requires the City to prepare a Self-Evaluation and Transition Plan to evaluate its current services, policies, and practices, and the effects thereof that do not or may not meet the accessibility requirements and, to the extent modification of any such services, policies, and practices is required, to recommend necessary modifications; and
WHEREAS, City staff has updated the 1999 plan, and will perform the selfevaluations and follow the guidance in the Transition Plan to eliminate any accessibility barriers that may be found.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the City’s ADA Self-Evaluation and Transition Plan Update dated October 2023, and authorized the City of Brentwood ADA Coordinator, to develop a schedule for making the structural changes that were needed, and to monitor barrier removal implementation.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of November 2023 by the following vote:

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Attachment 3

AMERICANS WITH DISABILITIES ACT SELF-EVALUTION
and

TRANSITION PLAN UPDATE

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Page | 1 Rev October 2023

TABLE OF CONENTS

1.0 EXECUTIVE SUMMARY..........................................................................................................................................2

2.0 ACCESSIBILITY REQUIREMENTS ............................................................................................................................3

3.0 ADA COORDINATOR..............................................................................................................................................5

4.0 ADA ACCOMODATION AND GRIEVANCE PROCEDURE .........................................................................................6

5.0 ADMINISTRATIVE POLICY FOR ADA GRIEVANCE PROCEDURE .............................................................................8

6.0 REQUEST FOR ACCOMMODATIONOR BARRIER REMOVAL................................................................................14

6.1 REQUEST FOR ACCOMMODATION OR BARRIER REMOVAL FORM ................................................................15

6.2 GRIEVANCE FORM .........................................................................................................................................16

7.0 ADA SELF-EVALUATION & TRANSITION PLAN UPDATE ......................................................................................18

8.0 DEPARTMENT, PROGRAM AND SERVICE S E L F -EVALUATION..........................................................................26

9.0 STAFF TRAINING .................................................................................................................................................31

10.0 PUBLIC MEETINGS ..............................................................................................................................................32

11.0 DEPARTMENT & PROGRAM SELF-EVALUATION UPDATE SURVEY .....................................................................34

12.0 FACILITY SELF-EVALUATION UPDATE: RECOMMENDED ACTIONS ....................................................................44

13.0 SCHEDULE OF IMPROVEMENTS FOR FACILITIES.................................................................................................55

14.0 STREET, SIDEWALK and CURB RAMP SELF-EVALUATION UPDATE .....................................................................56

15.0 PARKS AND GREENBELT INVENTORY..................................................................................................................63

16.0 ADA TRANSITION PLAN UPDATE SUMMARY......................................................................................................67 Appendix A – ADA Public Notice.....................................................................................................................................70 Appendix B – Website Access Checklist..........................................................................................................................72 Appendix C – Temporary Traffic Control Checklist.........................................................................................................76 Appendix D – City Sponsored Event Accessibility Checklist ...........................................................................................79 Appendix E – Special Events/ Helpful Hints.......................................................................................................................88 Appendix F – Schedule of Improvements for Facilities, Parks, Greenways and Community Areas...............................91 Appendix G – Schedule of Improvements For Pedestrian Right-of-Way .......................................................................93 Appendix H – Emergency Services Guide .......................................................................................................................95

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1.0 EXECUTIVE SUMMARY
The Americans with Disabilities Act (ADA) is a civil rights law that mandates equal opportunity for individuals with disabilities. The ADA prohibits discrimination in access to jobs, public accommodations, government services, public transportation and telecommunications. The City of Brentwood is undertaking a comprehensive re-evaluation of its policies, programs and facilities to determine the extent to which individuals with disabilities may be restricted in their access to City services, activities and facilities. This ADA Self-Evaluation and Transition Plan Update is being prepared to fulfill the requirements set forth in Title II of the Americans with Disabilities Act. The ADA states that a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination against people with disabilities. This report will assist the City to identify policy, program, and physical barriers to accessibility and to develop barrier removal solutions that will facilitate the opportunity of access to all individuals.

1.1 Title II of the ADA also provides that public entities must identify and evaluate all programs, activities, and services and review all policies, practices, and procedures that govern administration of the entity's programs, activities, and services. This report and certain documents incorporated by reference, establishes the City's ADA Self-Evaluation and Transition Plan Update.

1.2 In 1999, the City of Brentwood completed its initial ADA Self-Evaluation and Transition Plan.

The following document seeks to update the 1999 plan. This update describes the process developed to complete the re-evaluation of Brentwood’s activities, and will provide policy and program recommendations and present a Transition Plan Update for the modification of facilities, public rights-of way and programs to ensure accessibility.

1.3 This document will guide the planning and implementation of necessary program and facility modifications over the next several years. The ADA Self-Evaluation and Transition Plan Update is significant in that it establishes the City’s ongoing commitment to the development and maintenance of policies, programs and facilities to include all of its citizens. The Transition Plan Update is intended to provide a framework for the continuous improvement of City facilities for people with disabilities. Barriers in City facilities will be removed systematically, citywide, based on established program priorities that are consistent with the ADA. It is the intent of the City to address and remove barriers to accessibility in public buildings, parks and pedestrian rights-of-way based upon on the immediate necessity of programmatic access, degree of complexity, and overall cost.

City Manager Date

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2.0 ACCESSIBILITY REQUIREMENTS

2.1 The development of a transition plan is a requirement of the federal regulations implementing the Rehabilitation Act of 1973, which requires that all organizations receiving federal funds make their programs available without discrimination to persons with disabilities. The Rehabilitation Act, which has become known as the “civil rights act” of persons with disabilities, states that: No otherwise qualified [disabled] individual in the United States shall, solely by reason of [disability], be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. (Section 504).

Subsequent to the enactment of the Rehabilitation Act, Congress passed the Americans with Disabilities Act on July 26, 1990. The Department of Justice’s Title II regulation adopts the general prohibitions of discrimination established under Section 504 and incorporates specific prohibitions of discrimination for the ADA. Title II provides protections to individuals with disabilities that are at least equal to those provided by the nondiscrimination provisions of Title V of the Rehabilitation Act. This legislative mandate, therefore, prohibits the City from, either directly or indirectly through contractual arrangements or otherwise, denying persons with disabilities the opportunity to participate in services, programs, or activities that are not separate or different from those offered others, even if the City offers permissibly separate or different activities.

2.2 Americans with Disabilities Act - Title II Requirements:

The City of Brentwood is obligated to observe the requirements of Title I in its employment practices; Title II in its policies, programs and services; any parts of Titles IV and V that apply to the City and its programs, services or facilities; and all requirements specified in the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that apply to facilities and other physical holdings.

Title II has the broadest impact to the City. Included in Title II are administrative requirements for all government entities employing more than fifty (50) people. These administrative requirements are:
* Designation of a person who is responsible for overseeing Title II compliance (ADA Coordinator);

* Development of an ADA accommodation and grievance procedure; * Completion of a self-evaluation; and
* Development of a transition plan if the self-evaluation identifies any issues necessary for compliance. The transition plan must be retained for three years.

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The Department of Justice issued its original ADA regulations in July 1991, which required all public agencies to adopt the self-evaluation within one year, followed by the transition plan within the next six months. The self-evaluation is intended to examine programs, activities and services, identify problems or physical barriers that may limit accessibility by the disabled and describe potential solutions for providing accessibility. Many cities, including Brentwood, continue to update or re-visit their self-evaluation and transition plans periodically.

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3.0 ADA COORDINATOR
In 2023, the City designated the Director of Public Works as the ADA Coordinator. This position is responsible for ensuring all programs, services and activities of the City of Brentwood are accessible to and usable by individuals with disabilities. Contact information for the City’s ADA Coordinator is:

ADA Coordinator
2201 Elkins Way
Brentwood, CA 94513
(925) 516-6000, [email protected]
Or dial 711 to be automatically connected to a TRS operator www.brentwoodca.gov

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4.0 ADA ACCOMODATION AND GRIEVANCE PROCEDURE
Requesting an ADA Accommodation or Barrier Removal:

Request for accommodations or barrier removals should be made to the ADA Coordinator and may be submitted using the Request For Accommodation or Barrier Removal Form (Section 6.0).

It should include the name, address and telephone number or contact information of the individual requesting the accommodation. The request should contain the location of the program, service, activity or facility where the accommodation is required and a description of why the accommodation is needed.

Within fifteen (15) calendar days of the written request, the ADA Coordinator will respond to the individual requesting the accommodation. If the response by the ADA Coordinator does not satisfactorily resolve the issue, the individual making the request may file a formal grievance.

All requests for accommodations received by the ADA Coordinator will be retained by the City of Brentwood per the City’s records retention policy.

4.1 Filing an ADA Grievance:

The City of Brentwood has adopted a formal grievance procedure and form providing for prompt and equitable resolution of complaints alleging any action prohibited by the ADA and state disability rights. This procedure is available for any individual who wishes to file a complaint alleging discrimination on the basis of their disability in the provision of services, activities, facilities and programs by the City. The Grievance Form (Section 6.1) is available online at www.brentwoodca.gov, or at the Permit Center, City Hall.

The availability and use of this grievance procedure via submission of a grievance form does not preclude filing a complaint of discrimination with any appropriate state or federal agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.

4.2 The Written Complaint:

The complaint should contain as much information as possible about the alleged discrimination.

The Complainant or their representative should file a complaint form with the ADA Coordinator no later than 60 days from the date of the alleged discrimination. The complaint should be in writing.

However, other arrangements for submitting a request, such as personal interviews, tape recordings and assistance completing the form is available upon request.

The ADA Coordinator will notify the Complainant in writing of any additional information that is needed to complete the complaint. If the Complainant fails to complete the complaint process, the ADA Coordinator may close the complaint without prejudice.

4.3 Consideration of Grievance:

The ADA Coordinator will oversee the investigation of the complaint. Within thirty (30) days of receipt of the complaint, the ADA Coordinator or designee will respond to the complaint in writing

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or a reasonable alternative format if requested. The response will explain the position of the City with respect to the complaint and offer options for a reasonable solution.

4.4 Appeal Process
If the response by the ADA Coordinator does not satisfactorily resolve the issue, the complainant has the option to appeal the decision, within fifteen (15) calendar days after receipt of the response, to the City Manager or an appointed representative. This process does not preclude the complainant from seeking other remedies.

Within fifteen (15) calendar days after receipt of the appeal, the City Manager, or an appointed representative, will meet with or contact the complainant to discuss the complaint and possible resolutions. Within fifteen (15) calendar days after the meeting, the City Manager, or an appointed representative, will respond in writing or in a format accessible to the complainant of final resolutions to the complaint. All decisions by the City Manager are final and there will be no right of appeal to the City Council.

All written complaints received by the ADA Coordinator, appeals to the City Manager and responses from the ADA Coordinator and the City Manager, will be kept by the City of Brentwood per the City’s records retention policy.

4.5 Accommodation and Grievance Response:

In responding to request(s) for structural improvement brought through the ADA Accommodation and Grievance process, the ADA Coordinator is limited to the funds in established Capital Improvement Projects and other miscellaneous funds. In the event that these allocated funds are insufficient or already spent, subsequent improvements will be prioritized and scheduled in subsequent fiscal years.

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5.0 ADMINISTRATIVE POLICY FOR ADA GRIEVANCE PROCEDURE

ADMINISTRATIVE INSTRUCTIONS
SUBJECT: Administering the ADA Grievance Procedure
REFERENCE: AMERICANS WITH DISABILITIES ACT AND
SECTION 504 OF THE REHABILITATION ACT OF 1973
I. PURPOSE
The purpose of this policy is to:

1. Comply with Section 504 (b) of the Rehabilitation Act of 1973, as amended, and its implementing regulations which specify that disabled persons are entitled to file complaints alleging that they have been excluded from participation in, have been denied the benefits of, or have been subjected to discrimination under any program or activity receiving Federal financial assistance solely by reason of his/her disability; and

2. Comply with the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act (“ADA”) (28 CFR Part 35). This specifies that disabled persons are entitled to file complaints alleging that, solely by reason of disability, they have been excluded from participation in, have been denied the benefits of, or have been subjected to discrimination in programs or activities sponsored by a public entity; and

3. Ensure that complaints will be processed in an orderly fashion, allowing a complete and impartial investigation and resolution within a reasonable period of time; and

4. Ensure that information and assistance will be provided to disabled persons, resulting in the orderly processing of the complaint(s).

NOTE: There is a separate complaint procedure for ADA issues relating to employment issues.

Please contact the Director of Human Resources/Risk Manager for further information.

II. POLICY
Itshall be policy of the City of Brentwood (“City”) to ensure:

1. All services, activities and programs are available to a disabled person in the same manner as accorded to all other residents of the City; and

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2. Complaints from a disabled person alleging discrimination with respect to access to City services, activities and programs are processed quickly and fairly.

These procedures apply to all services, activities and programs administered by the City.

III. LEGAL BASIS

1. Discrimination Prohibited
Section 504, Title V of the Rehabilitation Act of 1973 (29 USC 794), as amended, specifies: “No otherwise qualified disabled individual in the United States, shall, solely by his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” Title II of the Americans with Disabilities Act (28 CFR Part 35) specifies: “No otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination” in programs sponsored by a public entity.

Sections 11135-11139.5 of the California Government Code specifies: No disabled person in California may be subjected to discrimination under any program or activity that receives any financial assistance from the State.

2. Designation of Responsible Employee
Section 504, Title V, Subsection 84.7 (a) (45 CFR Part 84.7) specifies: “A recipient that employs fifteen or more persons shall designate at least one person to coordinate its efforts to comply with this [part].”
Title II of the Americans with Disabilities Act, section 35.107 (a) (28 CFR 35.107) specifies: “A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part.” The ADA Coordinator is a C i t y employee appointed to ensure compliance with Section 504 and the ADA within the City.

3. Adoption of Grievance Procedures
Section 504, Title V, Subsection 84.6 (b) specifies: “A recipient that employs fifteen or more persons shall adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints, alleging any action prohibited by this part.”

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Title II of the Americans with Disabilities Act, section 35.107 (b) specifies: “A public entity that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by this part.” IV. ADA GRIEVANCE PROCEDURES

1. ADA AuxiliaryAids & Services or Barrier Removal
A person who requires an accommodation, an auxiliary aid or service to participate in a City program, service, or activity, or who requests a modification of policies or proceduresshould submit a Request for Accommodation or Barrier Removal Form (attached) to the ADA Coordinator.

The Request Form should be submitted as far in advance as possible before the scheduled event.

The best effort to fulfill the request will be made.

An individual may also submit a Request for Accomodation or Barrier Removal Form when seeking the removal of a physical barrier in order to gain or improve access. Request forms and other information are available from the City of B r e n t w o o d , ADA Coordinator, during regular business hours, via mail or electronic mail. Other arrangements for submitting a request, such as personal interviews or tape recordings, as well as assistance in completing the form, are available by contacting the ADA Coordinator.

The City will review the request and notify the requesting party of the City’s proposed resolution.

The City’s notification will be in writing or a reasonable alternative format if requested. If an individual feels that the City’s response is unsatisfactory, theyhe or she may submit a formal complaint following the Formal Complaint Procedure below.

2. Formal Complaint Procedures
The City has adopted a formal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Title II of the ADA and state disability rights. The following is designed to meet requirements of both §504 of the Rehabilitation Act of 1973, as amended, and Title II of the ADA. This procedure is available for any individual who wishes to file a complaint alleging discrimination by the City based on disability, regarding access to the government services, programs, and facilities of the City. It is unlawful for the City of Brentwood to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance.

There is a separate complaint procedure for ADA issues relating to employment issues. Please contact the Director of Human Resources/Risk Manager for further information.

The availability and use of this grievance procedure via submission of a Grievance Form (attached) does not preclude filing a complaint of discrimination with any appropriate state or federal agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.

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A grievance may be in writing, tape recording, or any other device, containing the name, address and telephone number of the person filing it (the Complainant). The grievance shall state the problem or action alleged to be discriminatory and the remedy or relief sought by the complainant.

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Grievances shall be processed in the following manner:

Step 1: Submission of Complaint
The complaint should contain as much information as possible about the alleged discrimination. The Complainant or his/her representative should file a Grievance Form with the ADA Coordinator no later than 60 days from the date of the alleged discrimination. The City of Brentwood Complaint Form is available at City Hall during regular business hours, via fax, mail or electronic mail. Other arrangements for submitting a request, such as personal interviews or tape recordings, as well as assistance in completing the form, are available by contacting the ADA Coordinator.

Step 2: Consideration of Grievance
The ADA Coordinator will oversee the investigation of the complaint. Within thirty (30) days of receipt of the complaint, the ADA Coordinator or their designee will respond to the complaint in writing or a reasonable alternative format if requested. The response will explain the position of the City with respect to the complaint and offer optionsfor a reasonable solution.

Step 3: Appeals
If the response of the ADA Coordinator does not satisfactorily resolve the issue, the Complainant, or their designee, may appeal the decision to the City Manager. The request for appeal must be made within fifteen (15) days of the date of the ADA Coordinator’s decision.

Accommodation and Grievance Response:

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5.1 Summary:

The City of Brentwood is dedicated to ensuring that all City programs, benefits, activities, services, and facilities are fully accessible to and useable by persons with disabilities. The ADA Coordinator is here to serve the community as a whole to coordinate and ensure equal access for all.

Any questions or concerns about accessibility issues regarding City programs and services should be directed to the City of Brentwood ADA Coordinator.

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6.0 REQUEST FOR ACCOMMODATION OR BARRIER REMOVAL
Requesting an ADA Accommodation or Barrier Removal:

Requests for accommodations or barrier removals should be made to the ADA Coordinator and may be submitted using the following Request For Accommodation or Barrier Removal Form.

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6.1 REQUEST FOR ACCOMMODATION OR BARRIER REMOVAL FORM
Check one: □ Accommodation □ Barrier Removal
Name of Requestor:

Last MI First
Address:

Street Address City State Zip
Telephone Number:

E-mail Address:

Preferred Method(s) of Communication: (Check all that apply) Phone TRS/711 CRS E-mail US Mail Other:

Accommodation needed or location of barrier:

Brief statement of why the accommodation is needed or the barrier removed:

Date accommodation is needed:

CERTIFICATION: I certify that I require reasonable accommodation, which will be met by acquiring the equipment, services, or work adjustments described above.

Signature: Date:

If person needing accommodation is not the individual completing this form, please provide:

Representative’s Name:

Address:

Phone Number:

For more information or assistance in completing the form, please contact the ADA Coordinator via (925) 516-6000 or [email protected]

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6.2 GRIEVANCE FORM
I. COMPLAINANTINFORMATION
Name of Complainant:

Last MI First
Address:

Street Address City State Zip
Telephone Number:

E-mail Address:

Preferred Method(s) of Communication: (Check all that apply) Phone TRS/711 CRS E-mail US Mail Other:

II. DESCRIBE YOUR COMPLAINT OF DISCRIMINATION BASED UPON DISABILITY.

Be specific and give date(s), time(s) and location(s). Use the reverse side of this sheet or attached pages, if needed.

III. PERSONS NAMED IN YOUR COMPLAINT. List the names of (or describe) all persons involved in your complaint. Indicate the job title and City Agency, department or division of City employees, if possible.

IV. WITNESSES TO YOUR COMPLAINT. List the names of (or describe) all persons involved in your complaint. Indicate the job title and City Agency, department or division of City employees, if possible.

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V. EVIDENCE AND DOCUMENTATION. List and provide any physical evidence, written or recorded documents, or any other information that directly supports your specific claim of discrimination.

VI.CASE REMEDY AND/OR RESOLUTION. What remedies or resolutions are you seeking? CERTIFICATION: I hereby certify that the information and statements provided above are true.

Signature: Date:

If person needing accommodation(s) is not the individual completing this form, please provide:

Representative’s Name:

Address:

Telephone Number:

For more information or questions regarding this form contact the ADA Coordinator at:

ADA Coordinator
City of Brentwood
(925) 516-6000, [email protected]
Or dial 711 to be automatically connected to a TRS operator www.brentwoodca.gov

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7.0 ADA SELF-EVALUATION & TRANSITION PLAN UPDATE
The Self-Evaluation update is the City’s assessment of its current policies, practices and procedures. It identifies and will correct those policies and practices that are inconsistent with the requirements of Title II of the ADA. In keeping with these requirements and as part of the SelfEvaluation update, the City of Brentwood will:
* Identify its current programs, activities and services; and * Review the current policies, practices and procedures that govern the administration of its programs, activities and services.

The ADA also sets forth specific requirements for preparation of an acceptable Transition Plan.

At a minimum, the elements of the plan should include:
* A list of the current physical barriers in City facilities that limit the accessibility of its programs, activities, or services to individuals with disabilities; * A detailed outline of the methods to be used to remove these barriers and meet the current standards and accessibility regulations;
* A schedule for taking the steps necessary to achieve compliance with Title II of the ADA; and the name of the individual responsible for the plan’s implementation.

7.1 Definitions:

As used in this Self-Evaluation and Transition Plan Update, the following terms shall have the meaning ascribed to them in this Section, which are consistent with the provisions of existing federal and state law, including the regulations promulgated thereunder. Except to the extent expressly stated to the contrary, any term not expressly defined in this Section or elsewhere in this Transition Plan that has an expressly defined meaning in either the ADA or the regulations promulgated there under (“Regulations”) shall have the meaning ascribed to it by the ADA or the Regulations, in that order of preference. All other terms shall be interpreted according to their plain and ordinary meaning. These definitions are provided for the purposes of illustration and clarification only, and to the extent any definitions vary from ADA, they are not intended to modify any party’s rights or obligations under the law.

ADA: “ADA” means and refers to the Americans with Disabilities Act as contained at 42 U.S.C. §12101 et seq.

ADAAG: "ADAAG" means and refers to the Americans with Disabilities Act Accessibility Guidelines of 2004, codified at Appendices B and D to 36 Code of Federal Regulations Part 1191. “ADAAG Standards” means and refers to physical conditions that meet the new construction

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and/or alterations standards set forth in the ADAAG. ADA Standards: Refers to the 2010 American’s with Disabilities Act Standards.

Auxiliary Aids and Services: The term “auxiliary aids and services” includes, qualified interpreters or other effective methods of making orally delivered materials available to individuals with hearing impairments; qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments; and acquisition or modification of equipment or devices; and other similar services and actions.

Compliant Curb Ramp: “Compliant Curb Ramp” means and refers to a curb ramp that is constructed to comply with state and/or federal law (whichever provides the higher access standard) in place at the time of construction. In the case of a location where it is Structurally Impracticable or Technically Infeasible to build a fully compliant curb ramp, or where construction of a fully compliant curb ramp would constitute a Fundamental Alteration of a service, program, or activity of the City or an Undue Burden on the City, a curb ramp that complies with access standards, or was constructed to the standards existing at the time of construction, or to the maximum extent feasible.

Curb Ramp: “Curb Ramp” is used interchangeably with “curb cut.” Detectable Warnings: “Detectable Warnings” means and refers to truncated domes which provide a tactile surface at the transition between the curb and the street or other hazardous vehicular crossings, assisting pedestrians in determining when there may be the threat of vehicular traffic.

Disability: “Disability” means, with respect to an individual, Federal laws define a person with a disability as "Any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment".

Discrimination on the Basis of Disability: “Discrimination on the Basis of Disability” means to, limit, segregate, or classify a citizen in a way that may adversely affect opportunities or status because of the person's disability; limit, segregate, or classify a participant in a program or activity offered to the public in a way that may adversely affect opportunities or status because of the participant's disability; participate in a contract that could subject a qualified citizen with a disability to discrimination; use any standards, criteria, or methods of administration that have the effect of discriminating on the basis of disability; deny equal benefits because of a disability; fail to make reasonable accommodations to known physical or mental limitations of an otherwise qualified individual unless it can be shown that the accommodation would impose an undue burden on the City's operations; use selection criteria that exclude otherwise qualified people with disabilities from participating in the programs or activities offered to the public; and fail to use tests, including eligibility tests, in a manner that ensures that the test results accurately reflect the qualified applicant's skills or aptitude to participate in a program or activity.

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Fundamental Alteration: “Fundamental Alteration” means and refers to an action that, if taken by the City, would result in a fundamental alteration in the nature of the service, program or activity of the City. The decision that an action would constitute a Fundamental Alteration must be made by the ADA Coordinator and City Engineer, or his or her designee, after considering all funds and alternatives available and must be accompanied by a written statement of the reasons for reaching that conclusion.

Mobility Disability: “Mobility Disability” means and refers, with respect to an individual, to any physical or mental impairment or condition that substantially limits an individual’s ability to move his or her body or a portion of his or her body and includes, but is not limited to, orthopedic and neuromotor disabilities and any other impairment or condition that limits an individual’s ability to walk, maneuver around objects, ascend or descend steps or slopes and operate controls.

Pedestrian Rights-of-Way: “Pedestrian Rights-of-Way” (PROW) means and refers to all sidewalks over which the City of Brentwood has responsibility or authority as well as all Curb Ramps and crosswalks serving such sidewalks and any other pathways used by pedestrians along public rights-of-way, including pedestrian pathways through public parking lots.

Physical or Mental Impairments: “Physical or mental impairments” may include, but are not limited to vision, speech, and hearing impairments; emotional disturbance and mental illness; seizure disorders; mental retardation; orthopedic and neuromotor disabilities; learning disabilities; diabetes; heart disease; nervous conditions; Cancer; Asthma; Hepatitis B; HIV infection/conditions; and drug addiction if the addict has successfully completed or is participating in a rehabilitation program and no longer uses illegal drugs.

Record of Impairment: An individual is disabled if he or she has a history of having an impairment that substantially limits the performance of a major life activity; or has been diagnosed, correctly or incorrectly, as having such impairment.

Regarded as Having a Disability: An individual is disabled if she or he is treated or perceived as having an impairment that substantially limits major life activities, although no such impairment exist.

Structurally Impracticable: “Structurally Impracticable” means and refers to circumstances in which the unique characteristics of terrain prevent the incorporation of accessibility features. If it is structurally impracticable to provide full access at any location along pedestrian rights-of-way, the City shall comply with access requirements to the extent that it is not structurally impracticable to do so.

Substantial Limitations of Major Life Activities: An individual is disabled if she or he has a physical or mental impairment that (a) renders her or him unable to perform a major life activity, or (b) substantially limits the condition, manner, or duration under which she or he can perform a particular major life activity in comparison to others.

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Major life activities are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. In determining whether a physical or mental impairment substantially limits the condition, manner, or duration under which an individual can perform a particular major life activity in comparison to other people, the following factors shall be considered: the nature and severity of the impairment; the duration or expected duration of the impairment; and the permanent or long-term impact (or expected impact) of or resulting from the impairment.

Technically Infeasible: “Technically Infeasible” means, with respect to an alteration of a building, facility or Pedestrian Rights-of-Way, that it has little likelihood of being accomplished because existing physical or site constraints or a lack of public right of way prohibit modification or addition of elements, spaces, or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.

Third Party Entity: “Third-Party Entity” means an entity other than the City of Brentwood that controls certain barriers or elements of barriers in a Pedestrian Rights-of-Way. Transit agencies and local utilities are examples of Third Party Entities.

Title 24: “Title 24” means and refers to the regulations set forth in Title 24 of the California Code of Regulations also, known as the California Building Codes.

Undue Burden: “Undue Burden” means and refers to an action that, if taken by the City of Br e n t w o o d , would result in an undue financial and administrative burden. In order to demonstrate that removal of a barrier would constitute an Undue Burden, the decision will generally be made by the City Engineer or his or her designee, in conjunction with other City officials, after considering all resources available from various funding sources for removal of barriers and must be accompanied by a written statement of said reasons for reaching that conclusion. In preparing such a statement, the City may consider the usability of the existing facilities.

Qualified Individual with a Disability: “Qualified Individual with a Disability” means an individual with a disability who, with or without reasonable modification to rules, policies, or practices; the removal of architectural, communication, or transportation barriers; or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the City.

7.2 ADA Self-Evaluation and Transition Plan Update:

The ADA is a comprehensive civil rights law for persons with disabilities in both employment and the provision of goods and services. The ADA states that its purpose is to provide a “clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” Congress emphasized that the ADA seeks to dispel stereotypes and assumptions about disabilities and to assure equality of opportunity, full participation, independent living and economic self-sufficiency for people with disabilities.

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This update to the City’s ADA Self-Evaluation and Transition Plan is prepared in fulfillment of the requirements set forth in Title II of the ADA. The ADA states that a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination against people with disabilities. This update will assist the City in identifying current policy, program and physical barriers to accessibility and in developing barrier removal solutions that will facilitate the opportunity of access to all individuals.

This report describes an overview of the process by which policies, programs and facilities will be evaluated for compliance with the ADA; will present the findings of that evaluation; and provide recommendations for ensuring accessibility. This part provides an overview of the process and development of the Self-Evaluation and Transition Plan Update.

Discrimination and Accessibility:

There are two types of accessibility: physical accessibility and program accessibility. Absence of discrimination requires that both types of accessibility be provided. The ADA establishes requirements to ensure that buildings and facilities are accessible to and usable by people with disabilities. Design guidelines to achieve accessibility have been developed and are maintained by the U.S. Access Board, and the U.S. Department of Justice has adopted these guidelines as formal design standards. The ADA Accessibility Standards cover a wide variety of facilities (including buildings, outdoor recreation areas and curb ramps) and establish minimum accessibility requirements for new construction and alterations to these facilities. The City may achieve physical accessibility by ensuring that a facility is barrier-free and meets ADA technical requirements and State of California standards, including those found in Title 24. Barriers include any obstacles that prevent or restrict the entrance to or use of a facility.

Programmatic accessibility includes physical accessibility, but also entails all policies, practices and procedures that permit people with disabilities to participate in programs and to access important information. Program accessibility requires that individuals with disabilities be provided an equally effective opportunity to participate in or benefit from a public entity’s programs and services. The City may achieve program accessibility by a number of methods, both structural and nonstructural:
• Structural methods such as altering an existing facility; • Acquisition or redesign of equipment;
• Assignment of aides; and/or
• Providing services at alternate accessible sites.

When choosing a method of providing program access, the City will give priority to the one that results in the most integrated setting appropriate to encourage interaction among all users, including individuals with disabilities. In compliance with the requirements of the ADA, the City provides equality of opportunity but does not guarantee equality of results.

Undue Burden:

The City does not have to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity, would create a hazardous condition for other people, or would represent an undue financial and administrative burden.

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The determination that an undue financial burden would result must be based on an evaluation of all resources available for use in a program. For example, if a barrier removal action is judged unduly burdensome, the City must consider other options for providing access that would ensure that individuals with disabilities receive the benefits and services of the program or activity.

7.3 Policies, Procedures and Programs:

In 2023, the City will begin a re-evaluation of its policies, programs and procedures to determine current levels of service and the extent to which its policies and programs created barriers to accessibility for persons with disabilities. A survey of department staff w i l l provide information on the nature of the programs, forms and methods used to advertise each program’s services and activities, a profile of current participants, the types of equipment and materials used, testing and entrance requirements, the level of staff training and any special modifications provided.

Information provided in the questionnaires will be analyzed to determine if the City’s existing policies, programs and procedures present barriers to accessibility for people with disabilities. It is the intent of the City to address citywide programmatic accessibility barriers by providing policies in the following areas:
• Non-Discrimination on the Basis of Disability;
• Facilities, Programs and Services;
• Communications;
• Staff Training; and
• Public Meetings.

Additionally, when a policy, program or procedure creates an accessibility barrier that is unique to a department or a certain program, the City’s ADA Coordinator will coordinate with the department head or program manager to address the matter in the most reasonable and accommodating manner.

Development Process - Non Discrimination:

Services and programs offered by B r e n t w o o d to the public must be accessible. Accessibility applies to all aspects of a program or service, including advertisement, orientation, eligibility, participation, testing or evaluation, physical access, provision of auxiliary aids and transportation.

The process of making City facilities and programs accessible to all individuals will be an ongoing one and the City will continue to review accessibility issues such as resolution of complaints and reasonable modifications to programs. The City will also periodically evaluate the success of improving access to programs by the practices and procedures developed during the Self-Evaluation Update process.

Facilities Transition Plan Update:

The City conducted a complete survey of architectural barriers in its buildings and facilities during

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its original Self-Evaluation and Transition Plan in 1999. A re-evaluation of these facilities and all new facilities will be undertaken as part of this current Self-Evaluation and Transition Plan Update.

The surveys will provide the City an overview of the architectural barriers that prevent people with disabilities from using its facilities and participating in its programs.

7.4 Development Process - Facility Surveys:

The survey update process will be accomplished by City staff and the ADA Coordinator.

The elements and their related features addressed in the facility survey include but are not limited to:

Removal of Architectural Barriers:

Recognizing that the City has limited funds and cannot immediately make all buildings and facilities fully accessible, City staff will utilize the following criteria as the basis for prioritizing the removal of architectural barriers:
* Quantity and frequency of public use.
* Uniqueness of the facility: Can the programs offered in this facility be shifted to an alternative accessible location?
* Age or condition of the facility: Age or condition should not be major criteria, but can be factors if the building is scheduled to be vacated or demolished. * Geographic distribution: Distribution of services throughout the City. * The nature of the programs offered at the facility
* In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order:
(1) An accessible entrance;
 Parking Area  Drinking Fountain  Elevator
 Passenger Loading Zone  Viewing Area  Multiple User Restrooms  Curb Ramp  Telephone  Interior Ramp
 Walks  Hazard  Single User Restroom
 Exterior Ramp Exterior  Sign  Bathing Facility
 Stairway  Door  Eating or Dining Area
 Swimming Pool/Aquatic Center  Corridor or Aisle  Dressing or Locker Room  Game and Sports Area  Building Level  Picnic Area
 Play Equipment Area  Interior Stairway

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(2) An accessible route to the altered area;
(3) At least one accessible restroom for each sex or a single unisex restroom; (4) Accessible telephones;
(5) Accessible drinking fountains; and
(6) When possible, additional accessible elements such as parking, storage and alarms Sidewalks and Curb Ramps Transition Plan Update:

In 1999, the City hired Bruckner Disability Consultants to perform a review of the City’s buildings, parks, and curb ramps for accessibility. This survey information was then used to bring selected facilities into compliance with ADAAG and Title 24 standards. Since the initial survey the City has had an increase in both residential and commercial development requiring a review of City sidewalks to meet the growing need of our community.

The Transition Plan Update for Sidewalks and Curb Ramps will combine the findings of the review of policies, procedures and design standards regarding sidewalks and curb ramps with the City’s ongoing curb ramp inventory. Although the City has already completed a number of projects to increase pedestrian accessibility via street-related capital improvement projects it will expand these projects where possible in order to meet its overall goals.

The ADA Coordinator with assistance from the Director of Engineering will establish a plan for correcting such issues based upon a priority system. The plan will be revised as necessary and costs for implementing the plan will be estimated. The plan will be integrated into the CIP with a timeline for implementation and the Director of Engineering and ADA Coordinator will be responsible for overseeing the work.

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8.0 DEPARTMENT, PROGRAM AND SERVICE S E L F -EVALUATION This self-evaluation update is an on-going, dynamic document that will need periodic review and updating. In its continuing efforts to maintain compliance, the City has several mechanisms in place to provide for an ongoing update of the self-evaluation. The City’s designated ADA Coordinator is empowered with oversight responsibility for implementation of the requirements of the ADA. Updates and implementation activities will be documented in the City’s Transition Plan Update by summarizing activities and progress.

Citywide Programs, Activities and Services: General Recommendations Customer Service - Policies and practices which ensure individuals with disabilities can participate in the programs, activities and services provided by the City including procedures for program and fee modifications.

This section addresses general concerns that apply throughout the City based upon the requirements of Title II.

In-person interaction with the public is one of the primary functions of many City departments.

The City as a whole and most departments have established procedures for determining reasonable modifications to achieve program accessibility.

O ng oin g Actions:
• Continue to make appropriate modifications to regular practices to accommodate the needs of individuals with disabilities when providing customer service. Departments may not charge any additional fees to persons with disabilities for modifying programs. • Continue to provide accessible facilities such as parking, including van accessible parking, path of travel, entry doors, signage, and transaction counters at the customer service locations. If alternative locations for providing accessible services are required, provide those services in the most integrated setting, without stigmatizing the user. • Provide standard equipment at each site where programs are administered to facilitate basic communications access using alternative formats. Equipment may include, but not be limited to, paper and pencil, hearing devices, an enlarging copy machine, and access to TDD/TTY or relay service technology. Where such equipment may not be readily available, provide a reasonable accommodation process so that it may be requested. • Allow the use of service animals to assist persons in accessing programs, activities and services in City facilities and City offered programs. Since service animals are not always dogs, staff should be aware of the definition of a service animal and the protocol and etiquette for service animals.

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• Develop criteria for determining reasonable modifications to provide program accessibility, which may include acquisition or redesign of equipment, assignment of aides to persons with disabilities, and provision of services at an alternative accessible site. An approach should include:
- Requests for reasonable accommodations and modifications should be directed to the ADA Coordinator and department responsible for the program or services. Identify which aspects of the program limit participation and what modification can be made. - The department offering the program or service shall document the modification(s) that was offered and the response of the person with the disability to the modification(s) offered. This documentation shall be filed with the ADA Coordinator. - If individuals are not satisfied with the results of this process, they should be directed to the City’s ADA grievance procedures.

8.1 Notices, Outreach and Printed Information:

Notices, printed information, televised and audiovisual information, the City and departmental websites, public telephones and communication devices.

Notices:

Title II regulations require the City to inform the public of the rights and protections provided by the ADA.

Public notifications regarding City programs, events and registration generally does include information about available program modifications or non-discrimination language, and it identifies a contact person for those persons with disabilities to contact to request modifications.

Ongoing Actions:
• Continue outreach to persons with disabilities by informing the public of the possible modifications available to provide full participation to all. • Include the following notice (or a similar notice) regarding the City’s commitment to providing accessible services in all City publications regarding City services, programs, or activities.

All documents are available in alternative formats, on request.

In compliance with the Americans with Disabilities Act, a person requiring an accommodation, auxiliary aid or service to participate in this program should contact the sponsoring department or t h e ADA Coordinator, in advance if possible, but no later than 72 hours before the scheduled event. The best effort to fulfill the request will be made. • The following non-discrimination language should appear on hard copies and web based City publications that provide general information about City services, programs, or activities and

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advertisementsfor employment, commission and board membership openings:

POLICY ON NON-DISCRIMINATION ON THE BASIS OF DISABILITY The City of Brentwood does not discriminate on the basis of disability in the admission or access to its programs or activities.

An ADA Coordinator has been designated to coordinate compliance with the non- discrimination requirements contained in the Department of Justice regulations implementing Subtitle A of Title II of the Americans with Disabilities Act (42 U.S.C. §12101 et seq.), which prohibits discrimination on the basis of disability by public agencies. The ADA Coordinator can be contacted by email at [email protected], by phone at (925) 516-6000, or by dialing 711 to be automatically connected to a TRS operator. City agencies, departments, and specialized services that that offer printed material should ensure the following statement is printed in City directories: “The City of Brentwood recommends the use of TRS services for the hearing impaired. Dial 711 to be automatically connected to a TRS operator.”
Printed Information:

In order to meet the ADA’s communication standards, City departments must be able to provide information, when requested, in alternative formats such as using easy-to-understand language, Braille, large print format, audiotape, computer disk, or other formats.

Most departments produce written materials available to the public. However, some departments still are not providing information about obtaining printed materials in alternative formats.

O ng oin g Actions:
• Provide information to staff on how to handle productions of materials in alternative formats and ensure that requests are handled in a uniform and consistent manner. • Publicize the City’s commitment to provide program information in alternative formats on an individual basis as requested.

Include the following notice or similar language on all materials printed by the City that are made available to the public: “This publication can be made available in alternative formats, such as Braille, large print, audiotape, or computer disk. Requests can be made via the ADA Coordinator. Please allow 72 hours for your request to be processed.” • Provide any City produced documentation in a variety of formats upon request. Provide staff assistance, upon request to assist in filling out forms or when alternative formats are unavailable or infeasible.

General Publicity and Advertisements for City Programs, Services and Activities Public notifications regarding meetings, conferences, and other events must include information regarding reasonable accommodation requests which extends beyond auxiliary aids to physical accessibility of meeting locations.

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O ng oin g Action:

Continue to publicize efforts and take necessary steps to improve communications and outreach to increase effective participation of community members with disabilities by informing of alternative formats, completing a site review to gauge accessibility of meeting facilities and acquiring alternative locations, when necessary.

City of Brentwood Website:

The City’s website is a key tool for communicating with community members. All documents found on the City’s website should be downloadable and all content displayed on the City’s website should conform to standards and specifications that allow the content to function correctly and accurately with screen readers for persons with hearing and cognitive disabilities.

Findings: The City’s website was upgraded in 2022 to provide for the accessibility standards for electronic and information technology covered by Section 508 of the Rehabilitation Act Amendments of 1998 (“Section 508”) which set forth the technical and functional performance criteria necessary for such technology to be accessible. Included in this upgrade was a CMS (Content Management System) which allows website content to be managed by staff from each department while maintaining and applying consistent formatting and content standards throughout the website.

The City performs regular Quality Assurance and Accessibility scans of the City’s website content in an effort to identify accessibility shortcomings according to current WCAG (Website Content Accessibility Group) standards. WCAG standards encompass all Section 508 standards, and additional criteria, for example, specifications for proper color contrast and logical reading order.

As a result of these scans, the City has been able to better identify and correct accessibility issues, where possible.

Ongoing Actions:
 Ensure that website pages or revisions created independently by City Departments conform to accessibility standards.
 Ensure City staff members are creating accessible PDF and other electronic files when publishing electronic files to the City’s website.
 Continue to perform regular scans of City website content and compare against current WCAG standards and address accessibility issues, where possible.  The City’s website will continue to be examined and further evaluated, as part of the City’s fiveyear Information Technology (IT) Master Plan. The IT Master Plan will include a section to identify improvements that can be made to better insure that published content meets current accessibility standards and specifications.

Streaming Public Information:

The majority of City Council Chamber meetings are publicly broadcast on the City’s website and facilitates participation in meetings virtually through commercially available virtual meeting/webinar platforms. This means of communicating City information and programming to

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the public and offering virtual participation can be particularly effective in reaching persons who may be prevented from attending City meetings.
• The City is committed to providing equally effective communication for individuals with hearing and vision impairments and will offer auxiliary aids and services for streaming of public meetings via reasonable accommodations upon request.
• Publicize efforts to improve communications and outreach to increase effective participation of community members with disabilities by informing of alternative formats and reasonable accommodations upon request.
*Public Telephones and Communication Devices:

Findings: The City does not have a main telephone number for use with a City TDD/TTY (telephone communication device for persons with hearing and/or speech impairments). There are no TDD or TTY devices installed in the City.

Recommended Actions:
• Add the following to all printed documentation that includes contact information: “The City of Brentwood recommends the use of TRS services for the hearing impaired. Dial 711 to be automatically connected to a TRS operator.”
• Instruct all employees on proper use of the California Relay Service (CRS) via calling 711.

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9.0 STAFF TRAINING
The current level of experience and training of City staff with policies and procedures regarding providing services to individuals with disabilities:

In general, many staff members are knowledgeable about the different types of reasonable modifications that would make their services accessible. City staff has experience with policies and procedures regarding providing services to persons with disabilities. If the need arises different types of training may be provided, depending on the type of work and the amount of public contact involved with a specific position.

O ng oin g Actions:
• As opportunities arise, targeted training will be provided for individual employees involved.

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10.0 PUBLIC MEETINGS
Various City departments are responsible for planning and conducting public meetings. Generally, public meetings are held in locations that are accessible to persons with mobility impairments. Some public meetings have remote participation capability. Information on how to participate remotely is included in meeting announcements.

O ng oin g Actions:
• Schedule public meetings at accessible locations. An accessible location includes, but is not limited to, the following: wheelchair accessible path-of-travel to the meeting room, accessible restrooms, accessible parking, an accessible route from transit and parking to the meeting facility, temperature control, signage, and the ability to provide access to fresh air for persons with chemical sensitivities.
• When a fully accessible site is not available, make reasonable modification so that an individual with a disability can participate. These modifications may include phone-in participation, video recording, and meeting transcripts.
• Make information available to City staff on the types of modification requests that may be made by persons with different types of disabilities. Provide information about auxiliary aids such as different types of assistive listening systems, sign language interpreters, readers, descriptive services, and other assistive technologies like "real-time captioning." Provide guidance in the layout of the room, sign-in table and refreshments table, to ensure that these features are accessible.

Note: When practical and as required, meetings conducted in other facilities within the City where auxiliary hearing devices are needed may be relocated to the City Council Chamber in order to use devices with direct link to microphone system. • Display a notice on meeting agendas indicating the availability of accessibility modifications. • Provide agendas and other meeting materials in alternative formats, when requested. • Consider assigning a staff member to be a greeter at public meetings and events. Identify the staff member as a resource for persons who may require assistance. • Provide flexibility in the time limit on speaking for individuals with communication difficulties. • Provide assistive listening devices at public meetings, when requested. • Maintain a list of on-call American Sign Language interpreters who may be brought to meetings to assist individuals with hearing impairments.

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• Maintain a checklist for creating accessible meetings and selecting accessible meeting spaces, and make the list available to all City departments and programs.

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11.0 DEPARTMENT & PROGRAM SELF-EVALUATION UPDATE SURVEY Programs, activities and services offered by the City of Brentwood to the public must be accessible. Accessibility applies to all aspects of the program or service, including advertisement, orientation, eligibility, participation, testing or evaluation, physical access, provision of auxiliary aids, transportation, policies, and communication.

This section will detail the review of current citywide policies, services, programs, and activities based on City staff response to the program accessibility questionnaires to be collected during the self-evaluation update process as reported by the following departments and divisions:
 City Attorney  Finance & Information Systems
 City Clerk  Parks & Recreation
 City Manager  Police
 Community Development
 Engineering
 Public Works

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11.1 Department and Program Self Evaluation Update Survey:

Access
Element

0. Don’t
Know

1. No/
Disagree

2. No
Opinion

3. Yes/
Agree
Suggested
Improvements
A. General Requirements.

1. Has the City designated an employee to
coordinate efforts to comply with and
carry out responsibilities under ADA?

2. Do you know who the City’s designated
ADA Coordinator is?

3. Have you posted and noticed the name
and address of the ADA Coordinator?

4. Are you aware of the City’s complaint
procedures and process for requesting
auxiliary aids?

5. Has the City taken steps to ensure that
all employees and consumers have been
instructed and notified regarding their
rights under ADA?

6. Has the City provided information to
the public, in an accessible format,
explaining its policy to provide
accessible policies, programs, services
or activities and practices?

7. Have you ensured that written and/or
audio-visual materials portray person
with disabilities in an appropriate
manner?

8. Do you feel your department would
benefit from training on the
requirements of the ADA and/or
relating to people with all types of
disabilities?
B. Policy Requirements.

9. Do your department’s policies ensure
that persons with mobility and/or
sensory disabilities are provided
auxiliary aids or accommodations to
fully participate in programs, services
and activities?

10. Do your department’s publications,
service announcements and
advertisements make known that they
are available in alternative formats (e.g.
large print, audio, Braille, captioned)?

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Access
Element

0. Don’t
Know

1. No/
Disagree

2. No
Opinion

3. Yes/
Agree
Suggested
Improvements
C. Communication Requirements.

11. Has your department reviewed its
policies to ensure that its
communications with persons with
disabilities are as effective as its
communications with others?

12. Does your department conduct business
or provide services or information by
telephone to the public?

13. If YES to Question 12, is a
telecommunication device for deaf
(TDD) or other equally effective system
available to facilitate communications
with hearing and/or speech impaired
persons?

14. If NO to Question 12, list steps to
ensure effective communications with
deaf, hearing and/or speech impaired
individuals. This can include providing
a TDD or third party relay service.

15. Does your department provide
captioning of the verbal content on
web-streaming of public meetings?
For Police Department (Departments
which provide 911 emergency services):

16. Does your department ensure direct
access to persons who use
telecommunication devices for the deaf
(TDDs) and computer modems?

17. If YES to Question 15, are all 911
emergency response services equipped
with a TDD or other equally effective
technology to make the service
accessible to persons who are deaf,
hearing and/or speech impaired?

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Department and Program Self Evaluation Update Survey continued Access
Element

0. Don’t Know 1.

No/
Disagree

2. No
Opinion

3. Yes/
Agree
Suggested
Improvements
D. Auxiliary Aids & Services.

18. Does your department provide provisions or assist the public by informing of auxiliary aids or services that
are available through the ADA Coordinator (i.e.
hearing devices, Braille, large print, qualified readers or interpreters and captioned video programs)?

19. Are assistive listening devices available for
individuals with hearing impairments at your site?

20. Have you reviewed your website for accessibility for vision-impaired persons?

21. Do you already have an Accessibility Co-coordinator?

22. Are grievance procedures or complaint procedures
noticed and posted at your site?

23. Do you have emergency evacuation plans posted at
your site?

24. Are individuals with disabilities included in or have an opportunity to participate in all programs,
activities and services provided by your site?

25. Are individuals with disabilities served or located in segregated areas of your facility?

26. Do you require persons with disabilities to receive or participate in services at an alternate location?

27. Do you provide transportation for your programs,
services, or activities?

28. Do you follow a specific procedure or policy for use of the facility by organizations or members of the
public?

29. Do you offer programs at your site that are not
offered at other sites in the City?

30. Have you made accommodations for individuals with
disabilities (employees, members of the public, etc.)?

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Access
Element

0. Don’t Know 1.

No/
Disagree

2. No
Opinion

3. Yes/
Agree
Suggested
Improvements

31. Do you have a statement of accommodations in your
literature or on public notices?

32. Do you have any programs offered or located at a
different site?

33. Do you have any employees with disabilities at your site (if known):

34. Are you aware of any community members or
recipients of services with disabilities who utilize
your facilities?

35. Have you provided training or information to your
staff regarding the requirements of the Americans
with Disabilities Act?
.

36. Would you like additional training regarding the
Americans with Disabilities Act?

37. Have you received any awards or special recognitions regarding programs or services for individuals with
disabilities?

38. Do you have any construction or remodeling projects currently underway or planned within the next three
years?

39. Do you have any volunteers?

40. If you have volunteers, have they received training on providing services or activities for individuals with
disabilities?

41. Do you have access to current City policies,
procedures, or practices?

42. Are there any issues or information with regard to
persons with disabilities or accessibility that would be helpful to your facility?
Person Completing Survey:

Department:

Name: Title:

Phone Number: ( ) Email:

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11.2 Department & Program Update - Survey Summaries:

Any findings and recommendations contained in this section will serve as a basis for the implementation of specific improvements for providing access to City programs. All departments, divisions and programs will utilize these recommendations to facilitate the participation of persons with disabilities in programs, activities and services.

City Manager’s Office:
• Department staff will be made aware of auxiliary hearing devices availability through the ADA Coordinator, to assist with enabling persons to fully participate in City programs and services. Other services and aids such as Braille, large print, qualified readers or interpreters are available upon request through the uniform process to request access barrier removal or auxiliary aids.
• Post ADA notice at all public meeting places. (Appendix A). • Staff will review City’s Access Barrier Removal and Grievance Complaint Forms. • Incorporate findings from self-evaluation survey (City Manager’s Office, City Attorney’s Office, City Clerk, Community Development, Finance/ IS, Police Department, Human Resources, Engineering, Public Works, Parks & Recreation) City Attorney’s Office:
• Department staff will be made aware of auxiliary hearing devices availability through the ADA Coordinator, to assist with enabling persons to fully participate in City programs and services. Other services and aids such as Braille, large print, qualified readers or interpreters are available upon request through the uniform process to request access barrier removal or auxiliary aids.
• Staff will review City’s Access Barrier Removal and Grievance Complaint Forms. • The City Attorney w i l l update contract and agreement templates to ensure that all recipients of funds from the City comply with the State and Federal Accessibility requirements or guidelines.

Include the following notice (or a similar notice) regarding the City’s commitment in service contracts:

Discrimination Prohibited
The Consultant covenants and agrees that in performing the services required under this Agreement, the Consultant shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin, marital status, pregnancy or ancestry, age or disability.

Include the following notice (or a similar notice) regarding the City’s commitment in public

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improvement agreements and conditions of approval:

Street Improvements. The Applicant shall be responsible to construct or reconstruct all sidewalks, curbs, gutters, driveways, curb cuts and street tree grates along the project frontage to conform to City of Brentwood Standards, the Americans with Disabilities Act and California accessibility regulations. Where there is a conflict among the above-mentioned standards, the provision providing the greatest level of protection for individuals with disabilities shall govern. Prior to the issuance of a permit, the City Engineer and ADA Coordinator shall confirm that detailed improvement plans and specifications have been prepared for said public improvements
City Clerk’s Office:
• Department staff will be made aware of auxiliary hearing devices availability through the ADA Coordinator, to assist with enabling persons to fully participate in City programs and services. Other services and aids such as Braille, large print, qualified readers or interpreters are available upon request through the uniform process to request access barrier removal or auxiliary aids.
• The City Clerk’s Office will ensure that all accessible doors are in operation prior to evening meetings such as City Council and Planning Commission meetings. • The City of Brentwood recommends the use of TRS services for the hearing impaired. Dial 711 to be automatically connected to a TRS operator. A member of this department will receive instructions on usage.
• Post ADA notice on agenda’s displayed outside on the City Hall posting board. (Appendix A). • Staff will review the City’s Access Barrier Removal and Grievance Complaint Forms.

Community Development:
• Department staff will be made aware of auxiliary hearing devices availability through the ADA Coordinator, to assist with enabling persons to fully participate in City programs and services. Other services and aids such as Braille, large print, qualified readers or interpreters are available upon request through the uniform process to request access barrier removal or auxiliary aids.
• Post ADA notice at entrance and all public meetings (Appendix A). • Staff will review City’s Access Barrier Removal and Grievance Complaint Forms. • Housing staff will review FHA and FEHA forms (Appendix B and C). • The City of Brentwood recommends the use of TRS services for the hearing impaired. Dial 711 to be automatically connected to a TRS operator. A member of this department will receive instructions on usage.

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Finance/IS:
• Department staff will be made aware of auxiliary hearing devices availability through the ADA Coordinator, to assist with enabling persons to fully participate in City programs and services. Other services and aids such as Braille, large print, qualified readers or interpreters are available upon request through the uniform process to request access barrier removal or auxiliary aids.
• Post ADA notice at all public meetings. (Appendix A). • TRS services “711” will be published on all publications to improve services for those with hearing disabilities. A member of this department will receive instructions on usage. • Staff will review City’s Access Barrier Removal and Grievance Complaint Forms. • Staff will review Website Access Checklist (Appendix B).

Brentwood Police Department:
• Department staff will be made aware of auxiliary hearing devices availability through the ADA Coordinator, to assist with enabling persons to fully participate in City programs and services. Other services and aids such as Braille, large print, qualified readers or interpreters are available upon request through the uniform process to request access barrier removal or auxiliary aids.
• The City of Brentwood recommends the use of TRS services for the hearing impaired. Dial 711 to be automatically connected to a TRS operator. A member of this department will receive instructions on usage.
• Review department policies for compliance with ADA.
• Create provider list of third party services or neighboring agencies that would be available to transport arrestees using mobility devices and service animals to proper facilities. • Staff will review City’s Access Barrier Removal and Grievance Complaint Form. • Training will be offered to all Officers and C S O ’ s on an on-going basis with regard to effective communications with persons with disabilities, emergency transport services and on- call interpreters.
• Post ADA notice at the Dispatch/Reception Desk and at all public meetings. • Staff will review City’s Access Barrier Removal and Grievance Complaint Forms.

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Engineering:
• Department staff will be made aware of auxiliary hearing devices availability through the ADA Coordinator, to assist with enabling persons to fully participate in City programs and services.

Other services and aids such as Braille, large print, qualified readers or interpreters are available upon request through the uniform process to request access barrier removal or auxiliary aids. • Staff will be instructed to institute procedures to document facility and public right-of-way corrections. Documentation at a minimum shall include the dates when items were inspected and determined to be properly corrected, identify project associated with such corrections, encroachment permit number, building permit number and/or identify Capital Improvement Project.
• Staff will review street closure procedures (Appendix F). • Staff will review City’s Access Barrier Removal and Grievance Complaint Forms.

Public Works:
• Department staff will be made aware of auxiliary hearing devices availability through the ADA Coordinator, to assist with enabling persons to fully participate in City programs and services.

Parks and Recreation:
• Department staff will be made aware of auxiliary hearing devices availability through the ADA Coordinator, to assist with enabling persons to fully participate in City programs and services.

Ensure that tours are provided in a manner that allows people with mobility, visual, speech, hearing and cognitive disabilities to fully participate.

Evaluate the destination of the tour or trip in order to determine the level of accessibility and any accommodations or modifications that may be required.

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If a tour route or a portion of a route is not accessible, the tour will be rerouted or the department providing the tour will determine an alternate accommodation (e.g. photographs, close-captioned videos, etc.) that will allow the tour to be experienced.

Provide information to participants in advance of a tour or trip regarding the destination, transportation, and other characteristics of the event so that informed requests for accommodations can be made.

Ensure that when transportation is provided for City services and programs that accessible vehicles are available, upon advance request.
• Parks and Recreation will review the City Sponsored Event Accessibility Check List (Appendix G) and Special Event Helpful Hints (Appendix G).
• Staff will review City’s Access Barrier Removal and Grievance Complaint Forms.

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12.0 FACILITY SELF-EVALUATION UPDATE: RECOMMENDED ACTIONS Information collected during the self-evaluation update process w i l l b e reported by the ADA Coordinator with the assistance of the Public Works Department and Building Department staff detailing each item found to be in noncompliance with ADAAG and California State Title 24 standards. The criteria listed below were used to determine the priorities for addressing specific barriers in each building, facility and park.

Priority One: The highest priority is placed on those barrier removal items that provide accessibility at the main entrance of a facility or improve a path of travel to the portion of the facility where program activities take place (for example, in order of priority, parking, walks, ramps, stairs, doors and corridors).

Priority Two: A second level priority is placed on those barrier removal items that improve or enhance access to program use areas (for example, meeting rooms, public offices and restrooms).

Priority Three: A third level priority is placed on those barrier removal items that improve access to amenities serving program areas (for example, drinking fountains, telephones, site furnishings and vending machines).

It is the intent of the City to address those items listed as Priority One and Two within a time frame of one to seven years depending on immediate necessity, degree of complexity and overall cost.

In general, Priority Three items do not inhibit a person’s ability to access or participate in a City program or event. Therefore, the City intends to address these items through routine maintenance, a building/facility remodel or improvement, or upon a request from a program manager or department head that a modification is necessary.

The City of Brentwood reserves the right to change the barrier removal priorities on an ongoing basis in order to allow flexibility in accommodating community requests, petitions for reasonable modifications from persons with disabilities and changes in City programs. It is the intent of the City to have its ADA Coordinator work together with u p p e r m a n a g e m e n t , department heads, and budget staff to determine the funding sources for architectural barrier removal projects. Once funding is identified, the ADA Coordinator and Facilities Management will coordinate the placement of the projects in the City’s Capital Improvement Plan to be addressed on a fiscal year basis. Facilities Management will be responsible for keeping records of all corrections made and providing the ADA Coordinator with a written record memorializing the date, consultants who performed the work and the scope of these corrections.

The following self-evaluation form will be used for facility evaluations.

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12.1 Facility Survey Form:

The following site survey provides guidelines that are required at all City facilities. All services provided by governments to the public must be accessible. This includes city offices whether publicly or privately owned.

The survey shows 2016 CBC regulations, however, other standards depending on year of construction would control, in this instance please, note in comments the distinction/standard used and reasoning.

Thank you for your attention to this matter, in advance.

I. Site Development: Ingress and egress must be accessible including, at least one accessible route via normal path of travel from public right of way or sidewalk, passenger-loading zones, nearby public transportation and from accessible parking spaces.

ADA Standards & Title 24 Regulations Does Not
Comply
Comments
Address:

II. Walks & Sidewalks:
• Changes in level between ¼ & ½” shall be
beveled with a slope no greater than 1:2.
• Changes up to ¼” may be vertical & w/o edge
treatment.
• Changes greater than 1/2” use ramp, etc.
• Any grating in walking surface should have grid
openings a max. ½” wide in one direction.

Walkways
• Width: 48”
• Cross Slope not to exceed 1:48 gradient
(2.0%).7
Accessible entrance must be identified with at
least one standard sign with additional directional
signs, as required, visible from approaching
pedestrian ways.

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III. Pedestrian Ramps: Any path of travel or part of an accessible route shall be considered a ramp if its slope is greater that a 1:20 gradient or 5%.

ADA Standards & Title 24 Regulations Does Not Comply Comments • Width: 48” however, if the ramp serves as the only
means to exit a building or serves an occupant
load of 300 or + then a min clear width of 60” is
required.
• Handrails on both sides are required on ped. ramps
that provide access except, that at exterior door
landings, handrails are not required on ramps less
than 6” rise or horizontal projection less than 72”
• Cross Slope no greater than 1:48
• Bottom & intermediate landings are at least as wide
as required ramp width.
• Intermediate landings are a minimum 60” long in
ramp direction.
• Interim landings where the ramp changes direction
are 60 x 60”.
• Ramps and landings with drop offs shall have
curb/wall/railing/guide rail or curb a min of 2” in
height on both sides that prevents slipping off
ramp.
• Outdoor ramps and approaches shall be designed
so water will not accumulate on walking surface.

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IV.Parking:
• Min. # of Accessible Spaces
1 accessible space if total # is 1-25, 2 accessible if
26-50, 3 accessible if 51-75, & 4 if 76-100.
• Spaces located on shortest accessible route from
accessible parking to accessible entrance.
• Parking Space Width 9’
• Passenger Loading Zone: 5’ wide & 18’ long –
8’ van
• Identify any signage referencing HANDICAP. This
term is disparaging and shall be removed.
• Signage, type, location, height
• Van accessible spaces shall include a “Van
Accessible” sign
• A striped path of travel connecting accessible
parking to the accessible route will be provided
V. Curb Ramps:

ADA Standards & Title 24 Regulations Doesn’t Comply
Comply
Comments
• Width: 4’
• Flared Sides 1:10
• Slope: Shall not exceed 1:12
• Transitions from ramp to walks, gutters, &
streets are flush and free of abrupt changes.
• Built-up Curb Ramps are NOT ALLOWED to
encroach into loading zones & vehicular traffic
lanes.
• Detectable Warning the full width & depth of
the curb ramp (not pedestrian ramps),
excluding flared sides, inside the grooved border.

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VI. Stairways:

ADA Standards & Title 24 Regulations Doesn’t Comply
Comply
Comments
• Handrails are 34-38” above nosing thread on
both sides of stairways.
• Uniform riser heights and tread width. Stair
treads shall be no less than 11” wide (measured
from riser to riser). Open risers are not
permitted.
• Upper approach and all treads of EXTERIOR
stairs are marked with a strip of clearly
contrasting color a min. of 2” in width a max. of
1” from the tread nose or landing.
• The upper approach and lower tread of
INTERIOR stairs need contrasting color striping
a min. 2” in width a max. of 1” from the tread
nose or landing.

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VII. Elevators:

ADA Standards & Title 24 Regulations
Elevators
Doesn’t Comply
Comply
Comments
• Elevator is located near accessible path of travel.
• Inside of car must allow for turning of a wheelchair. • Minimum dimensions depend on whether door is
on or off- centered. See examples below.
54” minimum depth of car platform is rear wall to
door.
51” minimum clearance from rear wall to the
return panel.
• Handrail required on one wall (rear preferred)
• Rail shall be smooth. Minimum clearance of
1½” from wall.
32” (+ or – 1”) height from floor.
• Elevator is s elf-levelling to w i t h i n ½” of t h e floor landing.
• Door jambs at all landings are identified on a
contrasting background by both raised Arabic
numeral (minimum 2” in height) & Grade 2 Braille
symbols (immediately left to numbers). ID shall be
centered & located 60” from floor of jamb.
• Emergency communication device @ max of 48”
from the floor with a handset cord a minimum of
29” in length.
• Emergency communication device does not require
voice communication.
• Emergency communication device compartment
door is lever type and does not require tight
grasping, pinching, or twisting of wrist to operate.
• Centerline of hall call buttons shall be no higher
than 42”
above floor.
• Elevator control panel inside car shall be no higher
than 54” for side approach & 48” for front
approach above floor.
• Audible signals sounds are once for up direction
and twice for down direction (or

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VIII. Water Fountains (Drinking): Where only one drinking fountain area is provided on a floor, there shall be a drinking fountain that is accessible to individuals who use wheelchairs and accessible to individuals with difficulty pending or stooping. (“Hi-Lo” Fountains”) When more than one fountain is provided on a floor 50% of such fountains must be accessible for disabled persons.

ADA Standards & Title 24 Regulations Doesn’t Comply Comments • All drinking fountains shall be located completely
within alcoves (not less than 32” wide x 18” deep)
or otherwise positioned so as not to encroach in to
pedestrian ways.
• Wall & post mounted fountains shall be 18 -19” in
depth with clear knee space of b/w apron of
fountain & floor of not less than 27” in height,
30” width & 8” depth.
• Such units shall also have a minimum clear floor
space 30” by 48” (760 mm by 1220 mm) to allow
a person in a wheelchair to approach the unit
facing forward.
• Side approach fountains are not accessible.
• Free-standing or built-in units shall have a clear
floor space at least 30” by 48” that allows a
person in a wheelchair to approach to the unit
(See below).
• This clear floor space shall be at least 30 x 48”.
• Spout/Bubbler shall be no higher than 36 in
(915 mm) from floor.
• Spout shall be at the front of the unit & shall direct water flow in a trajectory that is parallel or nearly
parallel to the front of the unit.
• Stream is minimum 4” high.
• Controls and operating mechanisms shall be
operable with one hand and shall not require tight
grasping, pinching, or twisting of the wrist.
• The force required to activate controls shall not
exceed 5 lbf .

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IX. Sanitary Facilities:

ADA Standards & Title 24 Regulations Doesn’t Comply Comments • Single Accommodation Toilets clustered at a single
location at least 5% but no less than one accessible
toilet.
• Multiple Principals apply if more than 6 stalls. • Toilet Seat top must be between 17 -19” from the floor.
• Flush controls shall be automatic or operable with
one hand without tight grasping, pinching or
twisting of the wrist and requires no more than 5 lbf
to operate.
• Maneuvering Space: Must have an unobstructed
turning space (60” diameter circle) in the stall.
• Toilet paper dispenser is located on wall below grab
bar (no more than 36” from back wall and at least
19” from floor) within 7”- 9” of front edge of toilet
seat.
• Dispenser must allow for continuous paper flow with
no controls.
• Door Handles, pulls, latches, locks and other
operating devices on accessible doors shall have a
shape that is easy to grasp with one hand and does
not require tight grasping, tight pinching, or
twisting of the wrist to operate. Lever-operated
mechanisms, push-type mechanisms and U-shaped
handles are acceptable designs.

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Lavatory Clearance Clear Floor Space
• Minimum of 30 x 48” clear space is provided in
front of lavatory that allows forward approach.

Urinal Clear Floor Space
• At least one urinal must be accessible with clear floor space 30” x 48” in front to allow for forward
approach.
• Elongated rim projecting a 13.5” minimum from the
wall.
• 17” maximum rim height above floor.
• Flush controls shall be automatic or operable with
one hand without tight grasping, pinching, or
twisting of the wrist and requires no more than 5 lbf
to operate.

ADA Standards & Title 24 Regulations Doesn’t Comply Comments Lavatories:
• One unit must be accessible.
• Sink shall be mounted with the rim or counter
surface no higher than 34” above the finish floor.

Provide a clearance of at least 29” above the finish
floor to the bottom of the apron. Under sink hazards
to be protected.
• Mirrors shall be mounted with the bottom edge of the
reflecting surface no higher than 40” above the floor.
• All fixtures & accessories are located a maximum of
40” above floor. (Hooks, Towels, Waste, Dryers,
Sanitary Items)

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X. Signage:

ADA Standards & Title 24 Regulations
Doesn’t
Comply
Comments
Signage is required:
• At every primary public entrance and major
junction along or leading to an accessible route of
travel, there shall be a sign displaying the
international symbol of accessibility.
• Signs shall indicate the direction to accessible
entrances & facilities and shall comply with the
requirements for directional and informational
signage, below.
• All building entrances, permanent rooms & spaces
that are accessible shall display signage.

Character
• Characters on such signs shall be sized according
to viewing distance with characters on overhead
signs at least 3 inches high.
• Characters and backgrounds need non-glare finish.
• Characters shall contrast with their background
(light-on-dark or dark-on-light).

Braille
• Letters and numerals shall be raised 1/32 in, upper
case, sans serif or simple serif type and shall be
accompanied with Grade 2 Braille.
• Raised characters between 5/8” – 2” high. Braille
dots are raised a min 1/40” above the background
and are 1/10” on center in each cell with 2/10” pace
b/w cells, measured from the second column of dots
in the first cell to the first column of dots in second cell.

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ADA Standards & Title 24 Regulations
Doesn’t
Comply
Comments
Pictograms
• Pictograms are accompanied by an equivalent
verbal description placed directly below picture.
• The verbal description must be in raised letters and
accompanied by Grade II Braille. If the
International Symbol of Accessibility or other
information in addition to room and space
designation is included on the sign, it does not
have to be raised and accompanied by Grade II
Braille.

Mounting Location & Height
• Permanent ID signs are installed on the wall
adjacent to the latch side of the door (at double
leaf doors & when there is no wall space at latch,
signs shall be placed on nearest adjacent wall –
preferably on right.
• Mounting height is 4 8 ” - 60” from floor to
centerline of sign.
• Mounting will allow a person to approach with
3” of the signage without encountering protruding
objects/standing within swing of a door.

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13.0 SCHEDULE OF IMPROVEMENTS FOR FACILITIES
The following sample table is an example of the compilation of the results from the self-survey and prioritization of the identified barriers. This table will identify projected architectural barrier removal projects, which will include those buildings and facilities that receive a high level of use by the public, provide programs and/or services that are unique and cannot occur in another location and are distributed throughout the City thereby providing maximum access for all residents.

Facilities
150 City Park Way Built to current accessibility standards The City is not required to take remedial action, when it can be demonstrated, that such changes would result in a fundamental alteration in the nature of a program or activity; would create a hazardous condition for other people; or would represent an undue financial and administrative burden. The determination that an undue financial burden would result must be based on an evaluation of all resources available for use in a program. For example, if a barrier removal action is judged unduly burdensome, the City must consider other options for providing access that would ensure that individuals with disabilities receive the benefits and services of the program or activity.

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14.0 STREET, SIDEWALK and CURB RAMP SELF-EVALUATION UPDATE In 1999, the City hired Bruckner Disability to perform a review of the City’s buildings, park, and curb ramps for accessibility. This survey information was then used to bring selected facilities into compliance with ADAAG and title 24 Standards. Since the initial survey the City has had an increase in both residential and commercial development requiring a review of City sidewalks to meet the growing need of our community.

The Transition Plan Update for Sidewalks and Curb Ramps will combine the findings of the review of policies, procedures and design standards regarding sidewalks and curb ramps with the City’s ongoing curb ramp inventory. Although the City has already instituted a number of programs to increase pedestrian accessibility via street-related capital improvement projects it will expand these programs where possible in order to meet its overall goals.

The ADA Coordinator with assistance from the Director of Engineering will establish a plan for correcting such issues based upon priority system. The plan will be revised as necessary and costs for implementing the plan will be estimated. The plan will be integrated in the CIP with a timeline for implementation and the Director of Engineering and ADA Coordinator will be responsible for overseeing the work.

The City of Brentwood will perform a sidewalk, street and curb ramp inventory.

It is the goal of the City to continue its efforts to improve pedestrian accessibility. To achieve this goal, the City will utilize the following criteria to guide its sidewalk and curb ramp program:

Priority One:
• Provide access to state or local facilities or offices.

Since the ADA requires that funding priority be given to "walkways serving local and state government offices and facilities," these conditions have received the highest priority in the City’s self-evaluation process.
• Access to State or local facilities from public transportation.

Priority Two:
• Provide access to places of public accommodation.

Locations that provide access to "public, commercial, medical, professional, educational, or recreational services" are high priorities for curb ramps sites and sidewalk improvements. • Provide access to public transit.

A goal of the curb ramp program and sidewalk repairs is to improve access to bus stops along heavily used bus routes.

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Priority Three:
• Enhance safety at pedestrian crossings.

High priority is given to curb ramps and walkways that will allow for safe crossings at controlled or marked intersections.
• Create connected systems of accessible pathways.

City staff will look for opportunities to complete a partially accessible intersection or pathway and to expand an existing pathway system.

The City of Brentwood reserves the right to change the barrier removal priorities on an ongoing basis in order to allow flexibility in accommodating community requests, petitions for reasonable modifications from persons with disabilities and public improvements related to economic development. It is the intent of the City to have its ADA Coordinator work together with department heads and budget staff to determine the funding sources for architectural barrier removal projects. Once funding is identified, the ADA Coordinator and City Engineer will coordinate the placement of the projects in the City’s Capital Improvement Plan to be addressed on a fiscal year basis. Public Works staff will be responsible for keeping records of all corrections made and providing the ADA Coordinator with a written record memorializing the date, project name/encroachment number associated with the work performed or consultant who performed the work, and the scope of these corrections.

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14.1 Access Compliance Survey:

The ADA Coordinator divided the City into four (4) areas to be considered as follows:

This grid map will be used to systematically survey the City and the improvements.

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14.2 Sidewalk Survey Form
Area:

Construction/Alteration Date: • Before 1/26/92 • After 1/26/92 • Unsure Location: Date:

Record measurements as inches where “is present.
“N” signifies a violation – please, identify address nearest area.

Sidewalk
Yes No
1 Is sidewalk width 60” or more?
2 Is sidewalk width at least 48”?
3 If route has less than 60” clear width, is there passing space of a minimum of 60” x 60” at least every 200 feet?
4 Does cross slope exceed 2%?
5 Driveway crosses - is there a 36” or more wide passage way? 6 Is there DW at car crossing 36” wide & full length of sidewalk? (only required if no curb, railing or other element between cars and pedestrian) Street Crossing
Yes No
7 Crossing time at min 3.5 feet per second?
8 Is push button located between 15 – 48” from ground?
9 Does push button have 24 – 48” of reach unobstructed and on level ground?
10 Is the force required to activate control exceed 5lbf/22.2 N? Protruding Objects/Barriers/Poles
Yes No
11 Any street furniture/barriers? Type. No protruding into travel route. - Any objects should be 27” above sidewalk
Items mounted about 27” should not protrude + 4” into travel route 12 Any items protruding into 48-68” travel route?
Note: an object should be 27” above sidewalk & not protrude + 4” into travel route. Explain.

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Street Trees/Landscaping
Yes No
13 Any street trees or landscaping?
Type:
14 Any branches etc. protruding into or low limbs in route? 15 Tree Well Depth?
16 If there’s grating, does grid surface have openings a max. ½” wide in one direction?
17 Note areas without grating that create risk of trip/barrier hazard.

Parking
Yes No
18 If ADA Parking, is space located on shortest accessible route to public building?
19 Signage?
- International Symbol of Accessibility
- Van Accessible @ 80” or 36” on wall
20 Striping correct?
21 Dimensions correct?
Accessible route to the public building

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Sidewalk Accessibility Survey
Area:

Construction/Alteration Date: • Before 1/26/92 • After 1/26/92 • Unsure Location: Date:

Describe each curb ramp’s Location:

Refer
#
Curb Ramp (CR) Questions Yes No
1 Is ramp at least 48” wide (not including flared sides_)? 2 Does CR have a running slope of 8.33% or less?
3 Does CR have a cross slope of 2% or less?
4 Does CR have a gutter slope of 5% or less?
5 Are transitions on and off CR flush and free of abrupt level changes? - Record the height of any level changes:
6 Does CR have detectable warnings (DW)?
6a Does DW run full length and width of CR?
- If not, include measurement W x L
7 Can CR be blocked by legally parked cars?
8 Is the sidewalk at the “top” of CR at least 48” wide? 9 Does CR have flared sides?
- If yes, answer the next two questions.
- If no, skip to question 10
9a If the sidewalk at the “top” of CR is 48” wide or more, is the slope of the flared sides 10% or less?
9b If the sidewalk at the “top” of CR is less than 48” wide, is the slope of the flared sides 8.33% or less?
10 If no flared sides, is there an obstruction or grass on each side of CR that discourages pedestrians from walking across ramp?
11 If CR is built-up to curb, is it outside the path of cars? 12 If built-up, are flared sides slope 10% or less? If not, are edge protectors & handrails present?

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14.3 Schedule of Improvements for Pedestrian Right-of-Way The following sample table (Appendix J) will be used as a compilation of the results from the selfsurvey update and prioritization of the identified barriers. This table will identify projected architectural barrier removal projects, which will include those areas that receive a high level of use by the public, provide access to state or local offices and are distributed throughout the City thereby providing maximum access for all.

Pedestrian Rights-of-Way
Years One – Four
Years Five – Seven
Years Eight – Ten
Undue Burden
The City is not required to take remedial action, when it can be demonstrated, that such changes would result in a fundamental alteration in the nature of a program or activity, would create a hazardous condition for other people; or would represent an undue financial and administrative burden. The determination that an undue financial burden would result must be based on an evaluation of all resources available for use in a program. For example, if a barrier removal action is judged unduly burdensome, the City must consider other options for providing access that would ensure that individuals with disabilities receive the benefits and services of the program or activity.

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15.0 PARKS AND GREENBELT INVENTORY
The City will perform a Parks and Greenbelt Inventory.

It is the goal of the City to continue its efforts to improve accessibility to its parks and greenbelts.

To achieve this goal the City will utilize the following criteria to guide its parks and greenway improvements:

Priority One:
• Provide access to any parks and greenbelts with access challenges.

Priority Two:
• Provide access to facilities inside parks and greenbelts with access challenges.

Priority Three:
• Identify shortcomings re: signage at parks and greenbelts.

The City of Brentwood reserves the right to change the barrier removal priorities on an ongoing basis in order to allow flexibility in accommodating requests, petitions for reasonable modifications from persons with disabilities and public improvements related to economic development. It is the intent of the City to have its ADA Coordinator work together with department heads and budget staff to determine the funding sources for architectural barrier removal projects. Once funding is identified, the ADA Coordinator and the City Engineer will coordinate the placement of the projects in the City’s Capital Improvement Plan to be addressed on a fiscal basis. Public Works staff will be responsible for keeping records of all corrections made and providing the ADA Coordinator with a written memorializing the date, project name/ encroachment number associated with the work performed or consultant who performed the work, and the scope of these corrections.

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15.1 Parks and Green Belt Survey Map:

The ADA Coordinator divided the City into four (4) areas to be considered as follows:

This grid map will be used to systematically survey the City and the improvements.

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15.2 Parks and Greenbelt Accessibility Survey Form:

Area:

Construction/Alteration Date: • Before 1/26/92 • After 1/26/92 • Unsure Location: Date:

Describe each park/greenbelt’s Location:

Park Entrance / Parking Lot Yes No
1 Is park entrance accessible?
2 Is there accessible parking?
3 Is accessible parking as close to park as possible?
4 Is entry signage in Braille, pictograms?
Park Interior Yes No
1 Are all facilities on an accessible route?
2 If seating, is there companion seating?
3 Is signage in Braille, pictograms?
4 Does all equipment have accessible path access
5 Are restrooms accessible?
Greenbelts Yes No
1 Is greenbelt open to the Public?
2 Is greenbelt accessible?
3 Is signage in Braille, pictograms?

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15.3 Schedule of Improvements for Parks and Green Belts:

The following sample table (Appendix J) will be used as a compilation of the results from the selfsurvey update and prioritization of the identified barriers. This table will identify projected architectural barrier removal projects, which will include those areas that receive a high level of use by the public, provide access to state or local offices and are distributed throughout the City thereby providing maximum access for all.

Parks and Green Belts
Years One – Four
Years Five – Seven
Years Eight – Ten
Undue Burden
The City is not required to take remedial action, when it can be demonstrated, that such changes would result in a fundamental alteration in the nature of a program or activity, would create a hazardous condition for other people; or would represent an undue financial and administrative burden. The determination that an undue financial burden would result must be based on an evaluation of all resources available for use in a program. For example, if a barrier removal action is judged unduly burdensome, the City must consider other options for providing access that would ensure that individuals with disabilities receive the benefits and services of the program or activity.

Public Improvement Agreements & Residential Developments The City will continue to enter into and/or require public improvements, where applicable on development projects and large residential projects.

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16.0 ADA TRANSITION PLAN UPDATE SUMMARY
Barrier Removal Status:

The findings or barriers, as outlined in the report by Bruckner Disability Consultants dated March 1999, are incorporated into the City’s Transition Plan Update. This summary outlines the status of those findings/ barriers described in the report and any action the City has taken to address the findings/barriers.

16.1 Building and Facilities
• City Hall: A new City Hall and parking garage were constructed and occupied in 2014.

These structures incorporated the ADA as well as the California Building Codes into the design and construction. These and all related facilities are barrier free. • Community Development Building: This structure was demolished and the Community Development Department is now located within City Hall. • City Council Chambers: The City Council Chambers were demolished and are now located within the City Hall complex.
• City of Brentwood Police Station: Now located at 9100 Brentwood Boulevard.

Through extensive remodeling and alterations the Police Station is barrier free. • Remaining inventory constructed after 1999, see Facility Survey forms.

16.2 Parks:
• Apple Hill Park: No upgrades completed.
• City Park: City Park is now part of the City Hall complex and is barrier free. • Creekside Park: Path of travel to play equipment not compliant, no accessible restrooms, drinking fountain not accessible.
• Curtis Tot Lot: Curb ramp and street approach not in compliance. • K and B Park (now Walnut Park): Create on street accessible parking - not required, picnic table not accessible.
• McClarren Park: No accessible parking and no ramp to access park. • Sunset Athletic Complex: No accessible van parking signage.

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• Remaining inventory constructed after 1999, see Parks and Greenbelt Survey forms.

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16.3 Rights-of-Way:
• Curb ramps: This phase of the update is ongoing and projected to take several years. The curb ramp inventory will be ongoing as well as the modifications as appropriate. • Sidewalks/crosswalks: This phase of the update is ongoing and projected to take several years. The curb ramp inventory will be ongoing as well as the modifications as appropriate.

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Appendix A – ADA Public Notice

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ADA Public Notice

NOTICE UNDER AMERICANS WITH DISABILITIES ACT
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (“ADA”), the City of Brentwood (“City”) will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.

Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal E m p l o y m e n t Opportunity Commission under Title I of the ADA.

Effective Communication: The City will generally, upon request, provide auxiliary aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City’s programs, services and activities.

Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact the ADA Coordinator as soon as possible, but no later than 72 hours before the scheduled event.

The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to the ADA Coordinator.

The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons using mobility devices.

ADA Coordinator
City of Brentwood
(925) 516-6000, [email protected]
Or dial 711 to be automatically connected to a TRS operator www.brentwoodca.gov

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Appendix B – Website Access Checklist

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Americans with Disabilities Act (ADA) Website Access Checklist The City of Brentwood is in the process of updating the City’s Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan. This checklist is designed for use in conducting a preliminary assessment of the accessibility of our website. The goal is to review the website, its policies and procedures and see if there are red flags regarding accessibility concerns. Thank you for your time and consideration in advance.

Please return this survey to: ADA Coordinator
City of Brentwood
Phone: (925) 516-6000
[email protected]
This survey is available in alternative formats, on request.

Access
Element

1. No
Disagree

2. Yes/
Agree
Suggestions/Comments
A. Assessing Current Webpages & Content on Your Website This section will help you determine if your website has some of the most common accessibility problems. It will not identify all website accessibility problems.

1. Does the top of each page with navigation links have a “skip navigation” link? (This feature directs screen
readers to bypass the row of navigation links and start at the webpage content, thus enabling people who use
screen readers to avoid having to listen to all the links each time they move to a new page.)

2. Do all links have a text description that can be read by a screen reader (not just a graphic or “click here”)?

3. Do all of the photographs, maps, graphics and
other images on the website currently have HTML tags
(such as an “alt” tag or a long description tag) with
text equivalents of the material being visually
conveyed?

4. Are all of the documents posted on your website
available in HTML or another text-based format (for
example, rich text format (RTF) or word processing
format), even if you are also providing them in another format, such as Portable Document Format (PDF)?

5. If your website has online forms, do HTML tags
describe all of the controls (including all text fields, check boxes, drop-down lists, and buttons) that
people can use in order to complete and submit the
forms?

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Access
Element

1. No/
Disagree

2. Yes/
Agree
Suggestions/Comments

6. If your website has online forms, does the default
setting in drop-down lists describe the information
being requested instead of displaying a response option (e.g., “your age” instead of “18 - 21”)?

7. If a webpage has data charts or tables, is HTML used to associate all data cells with column and row
identifiers?

8. Do all video files on your website have audio
descriptions of what is being displayed to provide
access to visually conveyed information for people who
are blind or have low vision?

9. Do all video files on your website have written captions of spoken communication synchronized with the action
to provide access to people who are deaf or hard of
hearing?

10. Do all audio files on your website have written
captions of spoken communication synchronized with
the action to provide access to people who are deaf or
hard of hearing?

11. Have all webpages been designed so they can be
viewed using visitors’ web browser and operating
system settings for color and font?
B. Website Accessibility Policy and Procedures
This section will help you identify potential problems with the ongoing process of ensuring website accessibility

12. Do you have a written policy on website accessibility?

13. Is the website accessibility policy posted on your
website in a place where it can be easily located?

14. Have procedures been developed to ensure that content is not added to your website until it has been made
accessible?

15. Does the website manager check the HTML of all
new webpages to confirm accessibility before the pages
are posted?

16. When documents are added to your website in PDF
format, are text-based versions of the documents (e.g., HTML, RTF, or word processing format) added at the
same time as the PDF versions?

17. Have in-house staff and contractors received
information about the website accessibility policy and
procedures to ensure website accessibility?

18. Have in-house and contractor staff received
appropriate training on how to ensure the accessibility of your website?

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Access
Element

1. No/
Disagree

2. Yes/
Agree
Suggestions/Comments

19. Have in-house and contractor staff that creates web content or posts it on your website received copies of
the Department of Justice’s technical manual assistance document “Accessibility of State and Local
Government Websites to People with Disabilities”?

20. If your website contains inaccessible content, is a specific written plan including timeframes in place now to make all of your existing web content accessible?

21. Have you posted on your website a plan to improve
website accessibility and invited suggestions for
improvements?

22. Does your website home page include easily locatable information, including a telephone number and email
address, for use in reporting website accessibility
problems and requesting accessible services and
information?

23. Do you have procedures in place to assure a quick
response to website visitors with disabilities who are
having difficulty accessing information or services
available via the website?

24. Have you asked disability groups representing people with a wide variety of disabilities to provide feedback on the accessibility of your website? (Note: Feedback
from people who use a variety of assistive technologies is helpful in ensuring website accessibility.)

25. Have you tested your website using one of the products available on the Internet to test website accessibility? (Note: Products available for testing website
accessibility include no-cost and low-cost options.

These products may not identify all accessibility issues and may flag issues that are not accessibility problems.

However, they are, nonetheless, a helpful tool in
improving website accessibility.)

26. Are alternative ways of accessing web-based
information, programs, activities, and services
available for people with disabilities who cannot use
computers?
Person Completing Survey:

Department:

Name: Title:

Phone Number: ( ) Email:

Appendix B

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Appendix C – Temporary Traffic Control Checklist

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Public Works: Street Closure
Procedures

TEMPORARY TRAFFIC CONTROL PLAN CHECKLIST
When scheduled work requires the full or partial closure of a City right-of-way, the City of Brentwood will require that a temporary traffic control plan (TTCP) be submitted for review by the Engineering Department and ADA Coordinator at least two (2) weeks prior to beginning of any work and should conform to the standards shown in this document, as well as any and all applicable codes and conditions.

This checklist is provided merely to assist Developers and Contractors in developing acceptable plans however, please refer to the California Manual of Uniform Traffic Control Devices (MUTCD) for more information and examples. (See http://www.dot.ca.gov/hq/traffops/signtech/mutcdsupp/index.htm) Developer/Contractor is responsible for inspecting any approved traffic detour routes to insure adequate horizontal and vertical clearances are maintained free from obstructions (e.g., poles and low overhanging tree limbs).

Pedestrian Guidelines
It is the policy of the ADA Coordinator in conjunction with the Department of Public Works that a safe and accessible path of travel is provided for all pedestrians, including those with disabilities, around and/or through construction sites.

When erecting barricades, the Contractor shall be conscious of the special needs of pedestrians with physical disabilities. Discretion is given to the contractor to provide protection for pedestrians consistent with all local, state, and federal codes, including the Americans with Disabilities Act and California Building Code, Title 24.

It is recognized that there are various types of construction activities, including both short-term and longterm projects. Some barricading systems are more appropriate for certain types of construction than others.

The following barricading systems are examples of systems which can be used to provide a safe and accessible path of-travel around and through a construction site. They are not intended to be allinclusive. Any barricading system meeting accessibility standards may be considered.

Placement of Barricades
The Contractor shall erect and maintain for the duration of the Contract proper barricades and temporary curb ramps complying with all State and Federal access codes & regulations or proper signage directing pedestrians to an alternative accessible path of travel at all closed crosswalks and existing closed curb ramps.

For all temporary fencing, barricades or other barriers, the Contractor shall provide a solid and continuous bottom rail such as a wood 2x4 or other material of high contrast attached to the base of the barricade or fencing system to direct pedestrians with vision impairments to and through a temporary path-of-travel in the construction area.

The Contractor shall allow no construction materials be stored or placed on the path-of-travel. The Contractor shall maintain the construction barriers in a sound, neat and clean condition, and shall remove all graffiti to the satisfaction of the Engineer, during the life of the contract. The Contractor shall clean

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public walkways adjoining the construction site of accumulated trash and debris.

Construction operations shall not occupy public sidewalks except where pedestrian protection is provided, following the requirements herein, and with the regulations of other public authorities having jurisdiction. The Contractor shall not obstruct free and convenient approach to any fire hydrant, alarm box or utility box.

The Contractor shall remove barriers and enclosures upon completion of the work in accordance with applicable regulatory requirements and to the satisfaction of the Engineer.

Barricading Methods & Materials
A-Frames: When using A-frames for defining a path-of-travel, not barricading trenches from vehicular travel, A-frames shall be placed end to end (no spacing between barricades allowed). This will help a person with vision impairments negotiate a safe path-of-travel. Openings between A- frames will give confusing signals to a person with vision impairments and using a "walking cane" or "white cane"". If using A-frames, all must be connected in a way to ensure that individual A-frames do not move out of place or separate. As an example of an acceptable connection, A-frames may be connected with a 2x4” that is attached to the base of the barricade system. A-frames used during hours of darkness shall be equipped with flashers.

Barrier Caution Tape: Caution tape does not provide an adequate barricade and cannot be used to delineate path-of-travel (but can be used in other areas to highlight dangerous conditions.

Fencing Material: When using fencing material (i.e., chain link, plastic, etc.) the bottom 3 inches at a minimum should be solid. This base will act as a guide to persons with vision impairments using canes.

Otherwise, walking canes could get caught in fencing. A safe design can be achieved by attaching a solid material (i.e., wood, header bender board, sheet metal, solid rod or rail, etc.) to the bottom portion of the fence. Chosen material should have a high visual contrast to the street/sidewalk surface.

Closed Crosswalks: If a crosswalk is closed due to construction, then curb ramps leading into that crosswalk should also be appropriately barricaded. High pedestrian traffic areas, may call for installation of a temporary curb ramps in the direction of the crosswalk to replace barricaded ramps. Note however where appropriate, signage closing sidewalk or curb ramp and directing pedestrians to alternative paths will be acceptable if advance notice is given. It should be noted that curb ramps are not used solely by persons in wheelchairs. They are also indicators to persons who are blind/low- visioned that a crosswalk exists and that there is a safe path-of-travel to cross the street. Temporary curb ramps should direct pedestrians with vision impairments to and through the temporary path-of- travel.

Open Crosswalks: If crosswalks are to remain open during the project then curb ramp areas should be kept free of debris, staging material, equipment, etc.

Path-Of-Travel: All changes of level in a path-of-travel that is over ¼ inch in height, but not exceeding ½ inch, shall be beveled at a 45-degree angle to provide a smooth, non-tripping transition.

Signage: Contractor must post and maintain the appropriate pedestrian signs, including but not limited to “SIDEWALK CLOSED AHEAD/USE OTHER SIDE”, “SIDEWALK CLOSED”, “NO PEDESTRIAN CROSSING” and directional signage indicating alternative accessible paths such as, “USE or ”.

Appendix C

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Appendix D – City Sponsored Event Accessibility Checklist

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Checklist: Accessible
City-Sponsored Public Events
It is the policy of the City of Brentwood that all City-sponsored public meetings and events be physically and programmatically accessible to persons with disabilities. This checklist has been developed in order to assist you, the organizer, in ensuring that your meeting and/or event are accessible.

Section One: Assess compliance with “programmatic” accessibility standards, to ensure that events will be accessible not only to persons with physical disabilities, but to person with sensory, cognitive, and other disabilities, as well. Please provide comments as necessary.

Section Two: Ensures that potential meeting sites and event locations comply with physical accessibility standards. Please provide comments as necessary.

THE INITIAL ITEMS LISTED IN BOLD ARE MINIMUM REQUIREMENTS. PLEASE DO NOT CONSIDER HOLDING A PUBLIC EVENT/MEETINGS WITHOUT THESE IN PLACE.

OTHER ITEMS ARE STRONGLY RECOMMENDED.

Event Name/Description:

Event Location/Address:

Event On-Site Contact:

Phone: Cell:

E-mail:

Date & Time of Event:

Responsible Department:

Contact Person
(if not ADA Coordinator):

Phone: Cell:

E-mail:

Designated Department Staff is responsible for ensuring that this form is completed and that accessibility is verified at least 10 working days prior to any city-sponsored public meeting or event. It is not necessary to fill out this form more than once for regularly scheduled City meetings, so long as the Designated Department Staff continues to ensure that the provisions herein are being complied with at each meeting. If upon filling out or reviewing this form, it is

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apparent that additional information is required, or it appears that the meeting or event cannot be made physically or programmatically accessible, please contact the ADA Coordinator to discuss possible alternative solutions or sites.

Section One: Programmatic Accessibility Checklist
NOTICE Yes No N/A
1 All notices and announcements for the event or meeting include accessibility information.
2 All notices and announcements for the event or meeting include information on whom to contact to request accessibility accommodations.

COMMUNICATOIN ACCESS Yes No N/A
1 If a microphone is provided for public participation, the cable is long enough to serve accessible seating areas or a wireless unit is provided.
2 Film or Video materials produced by the City are captioned. 3 Printed materials are available upon request, in alternative formats.

This generally requires an electronic version of any materials.

Large print copies (18 point) are recommended.
4 For all meetings/events, Assistive Listening Devices (ALDs)_ are available.
5 Signage of where to obtain ALDs is posted with ALD symbol at the site.
6 For meetings of 100 or more people, Real-Time Captioning has been scheduled.
7 An audio description is available of visual materials. 8 The meeting is accessible by speakerphone or Bridge Line.

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Section Two: Physical Accessibility Checklist
GETTING TO THE EVENT Yes No N/A
1 An Accessible route exists from the street to the event and all event activities.
2 All public events should have proper signage to direct the public to the location. In the unusual situation in which the main route to the meeting is not accessible, the accessible route with directional signage is provided.
3 Curb ramps and other accessible features to remain free from obstruction.

TRANSPORTATION Yes No N/A
1 If the event itself includes transportation, accessible vehicles are available via reasonable accommodation request and properly advertised.
2 The meeting or event is located close to accessible public transportation.
3 An accessible route is provided from the public transportation stop to the building or facility entrance.
4 Accessible parking is available (review # of car and van accessible spaces). If ADA spaces are blocked by event, alternate ADA parking spaces will be made available.
5 There is accessible passenger loading and unloading space.

AMENITIES Yes No N/A
1 Accessible toilets are available within 200 feet of the event’s location.
2 Accessible drinking fountains are available (if any are provided). 3 Art displays or exhibits are positioned to provide an accessible route and to not be a hazard to people who are blind or have visual disabilities.
4 If food or beverages are provided, the service is located on an accessible route. Self-service items are reachable from a seated position with accessible operating mechanisms. [Countertops are 28 – 34 inches high.]

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Section Two: Physical Accessibility Checklist continued SEATING Yes No N/A
1 If seating is provided, wheelchair and companion seating is dispersed in multiple location(s) and seating ratio. (See definitions for ratio).
2 Seating is available for deaf and hard of hearing people near the front of the space so that attendees may see the
interpreter/captioner, or lip read
3 Signs are provided indicating the accessible seating areas for both wheel chair users and deaf and hard of hearing participants.

EVENT SET-UP Yes No N/A
1 If a stage or platform is provided, it is accessible by means of a ramp, wheelchair lift, or portable wheelchair lift.
2 If a dais or podium is provided for the public, an accessible dais or podium will be provided.
3 A hand held microphone will be available for public comments. 4 Fencing or other crowd control barriers are placed so as to provide an accessible route.

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Accessible Public Events Policy: Definitions
Accessibility Information – Meeting or Event Notice shall include information on how to request accommodations, including alternative formats or auxiliary aids and services, notice of wheelchair accessibility, and information on whom to contact to make accommodation requests.

Please see “Sample Accessible Meeting Notice,” and “Sample Accessible Event Notice” below.

Accessible Podium (Dais) – A fixed or mobile speaker or presenter’s table or podium that is no higher than 34” on which a microphone and presentation materials can be placed.

Accessible Drinking Fountains – Drinking fountain with the bubbler no higher than 36” with knee clearance underneath that is 27” high x 18” minimum deep and a level clear floor area in front of it.

Accessible Entrance – An entry door or gate is a minimum 32 inches clear when opened 90 degrees; threshold is no higher than ½ inch (3/4 inch maybe permitted in existing conditions if elevated), and door is easily opened, or has automatic door opener.

Accessible Exhibit Materials – Alternative formats or services that provide equivalent exhibit information for people with sensory disabilities in a manner appropriate to the program material.

Examples include but are not limited to:

1. Titles of work and narrative using large 14 point san serif fonts on a high contrast background

2. Taped audio descriptions of photographs/artwork

3. Tactile replicas of art objects

4. Captioning of video or film presentations

5. Trained staff available to provide descriptions or tours Accessible Surface – Firm, stable and slip resistant surfaces, such as concrete, asphalt, wood, carpet, portable flooring etc. Grass, dirt, wood chips and sand are not accessible surfaces.

Accessible Parking – A ratio of parking provided for the exclusive use of people with disabilities, located near the accessible entrance to the facility. Note: temporary accessible spaces can be created using signs and cones or chalk powder lines, provided that the minimum parking space and side access aisle dimensional requirements are met (contact the ADA Coordinatoror City Engineer for temporary signage and details). The minimum parking ratios required are:
1 to 25 spaces: 1 van accessible space
28 to 50: 1 auto and 1 van accessible spaces
51 to 75: 2 autos and 1 van accessible spaces
76 to 100: 2 autos and 1 van accessible spaces
101 to 150: 4 autos and 1 van accessible spaces
151 to 200: 5 autos and 1 van accessible spaces
201 to 300: 6 autos and 1 van accessible spaces
301 to 400: 7 autos and 2 van accessible spaces
401 to 500: 7 autos and 2 vans accessible spaces
501 to 1000: 2% autos with a minimum of 1 out
of 8 or fraction thereof van
accessible

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Accessible Parking Space – An auto parking space with identification signage that is 9 feet min width and 18 feet min length with an adjacent 5 feet clear access aisle. The parking space and access aisle shall be level.

Accessible Van Parking Space - A van accessible parking space with identification signage that is 9 feet min. wide, 18 feet min long with an adjacent 8 feet clear access aisle. The parking and side access aisle space shall be level and have an 84 in. minimum clear height.

Accessible Passenger Drop Off – a 25-foot long vehicular passenger drop off area with a 5 feet min with adjacent aisle space that is level and 25 feet.

Accessible Portable Toilets and Sinks – Toilets and sinks that meet state and federal requirements for wheelchair accessibility. If one unit is to be provided, it must be accessible.

When multiple units are provided, a minimum of 10% but not less than one unit and not less than one-unit per cluster of units. Accessible toilets and sinks shall be located on a level area, along an accessible route with an accessible surface Ramps to accessible units shall not exceed 1:12 slope, have handrails on both sides and a 60 inch square level landing at the unit door. Please note:
this information is provided for situations in which the general public will be using portable toilets. A portable, accessible toilet is NEVER equivalent access if the general public is using in-door toilets.

Accessible Toilets – Toilet rooms that are located on an accessible route and contain accessible features including 32” minimum entry, an interior 60” turning space, lavatory with 27” min. knee space, wide toilet compartments with grab bars, and all accessories mounted no higher than 44 inches to the upper most control etc.

Accessible Route – A continuous unobstructed path connecting all accessible elements and spaces of a building or facility. Interior accessible routes may include corridors, floors, ramps, elevators, lifts, and clear floor space at fixtures. Exterior accessible routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps, and lifts.

Accessible Tables – A table providing knee space that is a minimum of 27” high, 30” wide and 19” deep unobstructed knee space with the tabletop no higher than 34”.

Accessible Telephones – Telephones that are located on an accessible route mounted at 48” from the floor to the coin slot and have volume controls.

Assistive Listening Device – A device that takes a signal from a microphone or public address system and sends it to a personal amplification system. Portable Assistive Listening Devices (ALDs) can be procured through the front desk, ADA Coordinator or City Clerk.

Captioned – Video or film program with subtitles reflecting the content of the spoken or descriptive material.

Directional Signage – Signage that indicate the direction of the accessible route when the accessible route is not the same as that of the general public. The signage may be directional

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arrows that include the International Symbol of Accessibility (ISA). Directional signage should be places at any directional change that is not the same as that of the path of the general public.

Hazards to Blind or Visually Impaired Participants – Pedestrian and participant areas shall be clear of objects (including plant branches and public art) which overhang less than 80” from the floor surface, or wall, and post mounted or freestanding objects that protrude 4” or more between 27” and 80” above the floor or ground into circulation areas.

Portable Wheelchair Lift – A lift that is not built into the structure but can be available for a specific event. Portable wheelchair lifts can be procured for various events.

Accessible Seating Location – Accessible seating must be situated so those individuals who cannot stand can view the meeting or event over seated or standing participants. Seating for persons who are deaf must be provided in a location near the stage/presentation area with direct view to the stage/presentation location of sign language interpreters.

Seating Ratio – The number of accessible seats in relation to the number of seats provided as follows:
1 to 25: 1 seat 301 to 500: 6 seats
26 to 50: 2 seats Over 500: 6 plus one additional space for each 51 to 300: 4 seats Increase of 100
Wheelchair and Companion Seating – Seating for wheelchair users and adjacent, shoulder aligned seating for individuals accompanying wheelchair users that is located on the same level as that of the wheelchair user.

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SAMPLE ACCESSIBLE MEETING / EVENT NOTICES
Accessible Meeting Information
[Site] is accessible to persons using wheelchairs and others with disabilities. Assistive listening devices are available. Agendas are available in large print. Materials in alternative formats, American Sign Language interpreters, and other accommodations will be made available upon request. Please make your request for alternative format or other accommodations, to ADA Coordinator at (925) 516-6000 or [email protected]. (Providing at least 72 hours notice prior to the meeting will help to ensure availability.) In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based scented products.

Please help the City to accommodate these individuals.

For inquiries or requests for accommodations, please call (925) 516-6000, dial 711 to be automatically connected to a TRS operator, or email [email protected]. (Shorter Version)
Disability Accessibility
[Site] is accessible to persons using wheelchairs and others with disabilities. Informational materials will be available in large print. Assistive listening devices, materials in other alternative formats, American Sign Language interpreters and other accommodations will be made available upon request. Please contact on, ADA Coordinator at (925) 516-6000 or [email protected]. (Providing at least 72 hours’ notice prior to the meeting will help to ensure availability.)
In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based scented products.

Please help the City to accommodate these individuals.
(Flyer/Limited Space Version)
Disability Accessibility
[Site] is wheelchair accessible. Assistive listening devices and written materials in large print will be available at the meeting. To request real time captioning, a sign language interpreter or other accommodations, please contact ADA Coordinator at [email protected], (925) 516-6000, or dial 711 to be automatically connected to a TRS operator. ( Providing at least 72 hours advance notice will help to ensure availability.) Appendix D

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Appendix E – Special Events / Helpful Hints

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Special Events Accessibility Awareness Helpful Hints
Per the Americans with Disabilities Act of 1990 (ADA), all events, workshops, conferences, hearings, or any other activities held on City property (City facilities, including buildings and parks, and public rights-of-way) must be accessible to people with disabilities. The City of Brentwood, ADA Coordinator provides the following information in order to assist you, the organizer, in ensuring that your events are accessible.

GENERAL
• Special Event organizers shall generate an accessibility plan for the event. • The site plan must show all ADA elements, including, but not limited to, accessible parking, ADA-compliant portable bathrooms (when bathrooms are provided), ramps, accessible seating, and accessible paths of travel.
• Service animals must be allowed to accompany their owners at all times and cannot be excluded from an event.
• If amplified sound is used, assistive listening devices should be available. • All printed materials for an event is to include the Request for Accommodation notice with the international symbol for accessibility, a contact name, phone number and e-mail address. • Requests for accommodation may include material in an alternate format, an interpreter, or assisted listening devices.

BARRIERS
• Concern should be given to elevation changes of more than ¼” vertical or ½” beveled.

These are considered barriers and require temporary ramps. • All cords, wires, hoses, etc., that are located within a path of travel must be ramped or placed within a cord cover.

PATHS OF TRAVEL
• All paths of travel shall be accessible, and all event features shall be on an accessible path of travel.
• An alternate path of travel is required when the normal path of travel is obstructed. • If an alternate path of travel is provided, signage designating the alternate path of travel is required.
• An alternate path of travel must be provided whenever the existing pedestrian access route is blocked by temporary conditions.
• Where possible, the alternate path of travel shall be parallel to the disrupted pedestrian access route, and on the same side of the street.
• All paths of travel shall have no protrusions up to a height of 80”, including scaffolding and scaffolding braces. Where the alternate path of travel is adjacent to potentially hazardous conditions, the path must be protected with a barricade.

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PARKING
• If parking is provided for an event, accessible parking is required. • If no parking is provided for an event, an accessible passenger loading and unloading zone is required.
• Accessible parking and passenger loading and unloading zones are required to be identified using the international symbol for accessibility. • Signs with the international symbol for accessibility are to be mounted for maximum visibility.

SALES OR SERVICE COUNTERS
• If sales or service counters are provided for your event, the height must be no more than 34” from the finished floor or the ground, and the width must be at least 36” wide.

ACCESSIBLE ROUTE
• An accessible route is required from the accessible parking, and from the passenger loading and unloading zone to the event entrance.
• All routes within the event shall be accessible.
• An accessible route must be a minimum of 48” in width. • Accessible routes must be identified with the international symbol for accessibility, including directional arrows, with visibility optimized, unless obvious. • Temporary ramps may be used to provide an accessible route.

SEATING
• If seating is provided, accessible seating and companion seating are required. • Accessible seating and companion seating areas must be identified using the international symbol for accessibility and placed for maximum visibility.

PORTABLE TOILETS
• If portable toilets are provided, they must be accessible and located on a level area not to exceed a 2% cross-slope in any direction.
• The total number of portable toilets to be provided for the event determines the required number of accessible portable toilets in any given area. This number is 5% of the total, but in no event less than one for each location. If a single unit is placed, it must be accessible. The placement of single units will increase the number of accessible portable toilets required for your event.
• An accessible route to each portable toilet is required. • Accessible portable toilets must be identified with the international symbol of accessibility.

TO RECEIVE A COPY OF THIS DOCUMENT IN AN ALTERNATE FORMAT OR FOR ADDITIONAL INFORMATION, PLEASE CONTACT:

ADA Coordinator, City of Brentwood
(925) 516-6000, [email protected]
Or dial 711 to be automatically connected to a TRS operator www.brentwoodca.gov
Appendix E

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Appendix F – Schedule of Improvements for Facilities, Parks, Greenways and Community Areas

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Schedule of Improvements for Facilities, Parks, Greenways & Community Areas:

The following table is a compilation of the results from the self-survey and prioritization of the identified barriers. This table identifies projected architectural barrier removal projects, which will include those buildings, facilities, and parks/greenways/community areas that receive a high level of use by the public, provide programs and/or services that are unique and cannot occur in another location and are distributed throughout the City thereby providing maximum access for all residents.

Facilities
Appendix F

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Appendix G – Schedule of Improvements For Pedestrian Right-ofWay

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Schedule of Improvements for Pedestrian Right-of-Way
The following table will be used as a compilations of the results from the self-survey and prioritization of the identified barriers. This table will identify projected architectural barrier removal projects, which will include those areas that receive a high level of use by the public, provide access to state or local offices and are distributed throughout the City thereby providing maximum access for all.

Pedestrian Rights-of-Way
Years One – Four
Years Five – Seven
Years Eight – Ten
Appendix G

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Appendix H – Emergency Services Guide

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Emergency Services Guide
Guide for City Employees to Title II of the Americans with Disabilities Act (ADA) Serving Our Customers with Disabilities
The Americans with Disabilities Act
On July 26, 1990, the Americans with Disabilities Act (“ADA”) was signed into law under the principal that this legislation would “let the shameful wall of exclusion finally come tumbling down.” ADA is one of the most important civil rights laws enacted since the Civil Rights Act of 1964, prohibiting discrimination against persons with disabilities. Under the ADA City facilities, programs, services and activities must be accessible to persons with disabilities.

The City of Brentwood is dedicated to ensuring that no qualified person with a disability be excluded from participating in, or denied the benefits of, the programs, services and activities provided by the City based on a disability. There are more than 50 million Americans with disabilities – nearly 18% of our population estimates suggest. City employees are expected to be aware of and respectful of the various types of disabilities individuals may have. Disabilities may include the following: mobility, blindness and vision, deafness and hearing, speech and language and mental and learning disabilities. Some disabling conditions are not readily apparent and some are invisible.

Accommodations for Individuals with Disabilities
The City is fully committed to providing access for individuals with disabilities and improvements to access have been and continue to be made. While it is not required that every area of every City facility be accessible, it is required that City programs and services be accessible. Periodically, department staff may receive requests for accommodations to allow individuals to participate in and benefit from City services. Staff should reference the ADA Coordinator page on the City website for available resources or contact the ADA Coordinator. When responding to a request for accommodation, City personnel are expected to respond graciously to requestors and to make a good faith effort to meet their needs, in a timely manner. This should include exploration of various alternatives, which may include:
• Relocation of a program or activity
• Provision of services at alternative accessible sites • Delivery of services
• Provision of auxiliary aides (e.g. readers, interpreters, mobility assistants, hearing devices) • Provision of information in an alternative format (e.g. audio tape, large print, Braille conversion) • Structural alterations
Alternatives that integrate a participant with disabilities with other program participants are preferred. Although some additional costs may be incurred in accommodating the individual, these costs may not be passed on to the individual in the form of surcharges. Ideally, the chosen accommodation will be acceptable to the individual and feasible for the City. However, in some cases it may not be possible to reasonably accommodate the individual.

The City's obligation under Title II of the ADA must not cause undue financial and administrative burdens to the City or fundamental alterations in the nature of the program, service, or activity. These determinations are best made based on the judgment and knowledge of the department staff and the City ADA Coordinator.

Any request and the departmental response should be documented using the Request for Accommodation form.

Inabilities to provide an accommodation due to a determination of fundamental alteration or undue burden should be made in consultation with the City’s ADA Coordinator and include a written statement of the reasons for reaching that conclusion.

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CITY COUNCIL AGENDA ITEM NO. E.7
11/14/2023
SUBJECT: Agreement for Civil Engineering Services with Water Works Engineers, LLC for the Biosolids Dryer/Pyrolysis System Project.

DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Renee Payette, Project Services Specialist

TITLE/RECOMMENDATION
Staff recommends the City Council adopt a Resolution approving and authorizing the City Manager or designee to execute an Agreement for Civil Engineering Services (“Agreement”), and necessary documents, including Amendments, with Water Works Engineers, LLC in the amount of $986,960, plus funding authorization for a 10% contingency of $98,696, for a total funding authorization not to exceed Agreement amount of $1,085,656 for the Biosolids Dryer/Pyrolysis System (“Project”) as part of the Wastewater Treatment Plant Expansion - Phase II, CIP Project No. 592-59140.

FISCAL IMPACT
The Agreement in the amount of $986,960, plus a 10% contingency of $98,696, brings the funding authorization not to exceed amount for these services with Water Works to $1,085,656. The funds associated with this work are included in the 2023/24-2027/28 Capital Improvement Program (“CIP”). The Project is funded by the Wastewater Replacement Fund, Wastewater Enterprise Fund and Wastewater Development Impact Fees.

Upon construction of the Project, the City will see a decrease in annual operating costs, in an amount estimated at $100,000 per year, associated with landfill disposal and transportation costs related to biosolids. The City will also see approximately $1,500 per year of new revenue from the sale of biochar being produced.

BACKGROUND
In February 2023, the City Council approved an agreement to purchase the Project equipment from MISCOwater. This Project is a component of the Wastewater Treatment Plant Expansion – Phase II. Biosolids are a byproduct of the wastewater treatment process, which are currently off-hauled to a landfill for disposal. Changes

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CITY COUNCIL AGENDA ITEM NO. E.7
11/14/2023
to regulatory requirements (SB1383) no longer allow biosolids to be disposed of in landfills. City staff researched several technologies capable of processing biosolids into a Class “A” product, which can be disposed of in ways other than landfills. Class “A” biosolids may be used as fertilizer and in some cases can be a marketed commodity, rather than being disposed of as a waste product.

This Agreement is for design and technical services (“Services”) necessary to integrate the Project into the overall expansion of the Wastewater Treatment Plant.

This Project involves surveying, grading, paving, constructing appurtenances, extending the necessary utilities and connecting to the Biosolids Dryer/Pyrolysis System. The Services required for this Project include the development and preparation of plans, specifications, cost estimates, all necessary contract documents, and engineering design services during construction.

Staff prepared a Request for Proposals (“RFP”) for engineering design firms for the Project and published it on the City’s website on September 14, 2023. The City also advertised the RFP in the local newspaper on September 22, 2023, and received one proposal on October 10, 2023.

Staff from the Public Works and Engineering Departments evaluated the proposal and recommends approval of the Agreement with Water Works for this Project.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 1 - Goal 2: Water, Wastewater, and Solid Waste Services: Provide safe and sustainable water, wastewater, and solid waste services for the build-out of the City per the City’s General Plan.

PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.

ENVIRONMENTAL DETERMINATION
City Council adopted a Mitigated Negative Declaration for the Wastewater Treatment Plant – Phase II on August 9, 2016. A Supplemental Mitigated Negative Declaration, which consists of modifications related to this Project, is on tonight’s agenda for City Council’s consideration.

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CITY COUNCIL AGENDA ITEM NO. E.7
11/14/2023

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Agreement for Civil Engineering Services

4. CIP Sheet

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On June 9, 2020, the City Council did not approve a Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Wastewater Treatment Plant Expansion, Phase II, CIP Project No. 592-59140 with C. Overaa & Company in the amount of $44,516,000 plus a 10% contingency of $4,451,600, for a total amount of $48,967,600.

On June 23, 2020, by Resolution No. 2020-84, the City Council reconsidered the Council action of June 9, 2020; adopted a resolution approving the construction contract documents; awarded the construction contract to C. Overaa & Company in the amount of $44,516,000; authorized the City Manager or designee to execute the contract and necessary documents for the Project, and authorized a 10% change order contingency of $4,451,600, for a total appropriation of $48,967,600.

On February 14, 2023, by Resolution No. 2023-17, the City Council 1) approved the contract documents and authorized the City Manager or designee to execute an Agreement with TW Associates LLC, dba MISCOwater LLC, and necessary documents, including amendments, in the amount of $18,991,000, plus a 10% contingency of $1,899,100, for a total not-to-exceed amount of $20,890,100, for Biosolids Drying and Pyrolysis System equipment and services; 2) amended the 2022/23 – 2026/27 CIP to include the updated Wastewater Treatment Plant Expansion – Phase II (CIP Project No. 592-59140) Project sheet in the amount of $93,635,000; and 3) amended the 2022/23 Operating Budget to allow for the associated funding transfers.

On June 13, 2023, by Resolution No. 2023-80, the City Council adopted the City’s 2023/24 – 2027/28 CIP, which included the Wastewater Treatment Expansion – Phase II project, CIP Project No. 592-59140.

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RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT FOR
CIVIL ENGINEERING SERVICES (“AGREEMENT”), AND

NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, WITH
WATER WORKS ENGINEERS, LLC IN THE AMOUNT OF $986,960,
PLUS FUNDING AUTHORIZATION FOR A 10% CONTINGENCY OF
$98,696, FOR A TOTAL FUNDING AUTHORIZATION NOT TO
EXCEED AGREEMENT AMOUNT OF $1,085,656 FOR THE
BIOSOLIDS DRYER/PYROLYSIS SYSTEM (“PROJECT”) AS PART

OF THE WASTEWATER TREATMENT PLANT EXPANSION - PHASE
II, CIP PROJECT NO. 592-59140.

WHEREAS, this Agreement is for the design and technical services (“Services”) necessary to integrate the Project into the overall expansion of the Wastewater Treatment Plant; and
WHEREAS, this Project involves surveying, grading, paving, constructing appurtenances, extending the necessary utilities and connecting to the Biosolids Dryer/Pyrolysis System; and
WHEREAS, the Services required for this Project include the development and preparation of plans, specifications, cost estimates, all necessary contract documents and engineering design services during construction; and WHEREAS, staff prepared a Request for Proposals (“RFP”) for engineering design firms for the Project and published it on the City’s website on September 14, 2023; and
WHEREAS, the City advertised the RFP in the local newspaper on September 22, 2023, and received one proposal on October 10, 2023; and WHEREAS, staff from the Public Works and Engineering Departments evaluated the proposal and recommends approval of the Agreement with Water Works Engineers, LLC.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager or designee to execute an Agreement for Civil Engineering Services, and necessary documents, including Amendments, with Water Works Engineers, LLC in the amount of $986,960, plus funding authorization for a 10% contingency of $98,696, for a total funding authorization not to exceed agreement amount of $1,085,656 for the Biosolids Dryer/Pyrolysis System as part of the Wastewater Treatment Plant Expansion - Phase II, CIP Project No. 592-59140.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of November 2023 by the following vote:

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City Attorney Approved Version 040821

AGREEMENT FOR CIVIL ENGINEERING SERVICES
Water Works Engineers, LLC
THIS AGREEMENT FOR CIVIL ENGINEERING SERVICES (“Agreement”) is made and entered into as of the ______ day of ___________________, 2023 by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Water Works Engineers, LLC, a limited liability company ("Consultant") (each a “Party” and collectively, the “Parties”).

RECITALS
A. City does not have available personnel specifically trained and experienced to perform the civil engineering services required and requires the professional services of an individual or business entity with the necessary license, qualifications and experience to provide civil engineering services for the City’s Biosolids Dryer Project, CIP Project No. 592-59140 (the “Project”).

B. Consultant has the necessary license, professional skills and experience necessary to perform the civil engineering services described in this Agreement, and as further described in Exhibit A to this Agreement (“Exhibit A”), and in the City’s Request for Proposals for Civil Engineering Services for the Project, dated September 14, 2023 (“RFP”), attached as Exhibit B, both of which exhibits are incorporated herein.

C. City desires to engage Consultant to provide these civil engineering services by reason of its qualifications and experience in performing such services.

D. Consultant has submitted a proposal to City, dated October 10, 2023 (“Proposal”), attached as Exhibit C and incorporated herein, in response to the City’s RFP, and has affirmed its willingness and ability to provide such civil engineering services on the terms and manner set forth in this Agreement.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

1. Definitions. The following definitions apply to the body of this Agreement and Exhibit A unless otherwise indicated. Defined terms are capitalized in the Agreement with the exception of the words “day” and “including.”

1.1 Additional Services means civil engineering services in addition to the Basic Services, which are provided pursuant to the City’s written request or prior written authorization.

1.2 Basic Services means those civil engineering services necessary for design and construction of the Project, as specified in Exhibit A and in the RFP and Proposal.

1.3 Change Order means a written document approved and signed by the City after execution of the Construction Contract, which changes the scope of Work, the Construction Contract Price, or the Construction Contract Time.

1.4 City Engineer means the current or acting City Engineer and Director of Public Works for the City of Brentwood or his or her authorized delegee.

1.5 Construction Contract means the signed agreement between the City and Contractor, which includes and incorporates the Construction Documents.

1.6 Construction Contract Price means the total compensation to be paid to the Contractor for performance of the Work, as set forth in the Construction Contract.

1.7 Construction Contract Time means the time within which the Contractor is required to perform the Work, as set forth in the Construction Contract and as may be amended by Change Order.

DocuSign Envelope ID: 0FBAB1E4-4368-4294-990E-FE13637B5535

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City Attorney Approved Version 040821 2

1.8 Construction Documents means all of the documents that are prepared following approval of the Design Development Documents for bidding and construction of the Project, as further detailed in Exhibit A.

1.9 Contractor means the individual, partnership, corporation, or other entity which has signed the Construction Contract with the City to perform the Work. “Contractor” includes the Contractor’s subcontractors, unless the context indicates otherwise.

1.10 Day means a calendar day unless otherwise specified.

1.11 Design Development Documents means detailed documents which are prepared following approval of the Schematic Design Documents, as further detailed in Exhibit A.

1.12 Design Documents means, collectively, the plans, drawings and specifications prepared or provided by the Consultant for the Project at all design stages, including Schematic Design Documents, Design Development Documents and Construction Documents.

1.13 Including, whether or not capitalized, means “including; but not limited to” unless the context requires otherwise.

1.14 Project Manager means the City employee or representative with primary responsibility for overseeing design and construction of the Project and who will be Consultant’s sole point of contact for the City unless otherwise stated. The Project Manager for this Project is Casey Wichert.

1.15 Project Schedule means the detailed schedule developed by the Consultant, and subject to the City’s approval, for design and construction of the Project, based on the Proposed Project Schedule provided in Exhibit A.

1.16 Proposed Project Schedule means the proposed Project schedule provided by the City in Exhibit A to this Agreement.

1.17 Rate Schedule means the schedule listing the hourly rates for Consultant’s staff and rates for costs associated with providing the Services. The Rate Schedule is included in the Proposal.

1.18 Schematic Design Documents means preliminary drawings and related documents showing the Project’s basic components, scale and location, as further detailed in Exhibit A.

1.19 Services means all civil engineering and related services required under this Agreement, including all Basic Services and any authorized Additional Services.

1.20 Work means the Contractor’s construction and services necessary or incidental to constructing the Project in conformance with the requirements of the Construction Documents.

2. Scope of Services. Consultant, acting in its capacity as a civil engineer licensed under California law, will provide the Basic Services necessary to design and construct the Project in accordance with the City’s requirements, as set forth in Part One – Scope of Services in Exhibit A, and will provide those Additional Services, if any, as requested and authorized in writing by the City.

3. Personnel and Subconsultants. Consultant will be responsible for employing or engaging all persons necessary to perform the Services. Consultant will control the manner and means of the services to be performed by its employees and subconsultants. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and consultant, if any, and will keep the Services under its control. On demand of City, if any employee or Consultant fails or refuses to carry out the DocuSign Envelope ID: 0FBAB1E4-4368-4294-990E-FE13637B5535

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City Attorney Approved Version 040821 3
provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the Services.

3.1 Consultant’s Key Personnel. The Consultant’s key personnel assigned to this Project, as specified in Consultant’s Proposal, may not be changed without the prior written approval of the City.

Consultant must promptly notify the City in writing of any changes or proposed changes to the key personnel identified in the Proposal (or subsequently approved by the City), and of any changes to the contact information (telephone and email) for any key personnel.

3.2 Consultant’s Principal Representative. Consultant’s principal representative assigned to this Project is Joe Ziemann, Project Manager, who will have full authority from Consultant to receive and act on instructions from the City.

3.3 Subconsultants. Consultant may not engage the services of any subconsultant for this Project, including, but not limited to, firms or individuals providing specialized architectural or engineering services, without obtaining the City’s prior written approval. The City’s approval must not be deemed to create any contractual relationship between the City and any such subconsultant, except that the City must be considered a third party beneficiary of such services for the Project. Consultant must bind its subconsultants in the same manner as Consultant is bound to the City under this Agreement, including, but not limited to, the insurance and indemnity requirements.

3.4 Warranty of Qualifications. Consultant warrants and represents that Consultant, its personnel, and its subconsultants are each duly qualified, licensed, and authorized by law to perform the civil engineering and related services required under this Agreement.

4. Standard of Performance. Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special civil engineering skills and experience to do and perform the Services.

The Services provided by Consultant pursuant to this Agreement must, at all times, meet or exceed the standard of care applicable to experienced, licensed civil engineers performing similar work in the area in which the Project is located. Similarly, the Services provided by any subconsultant must meet or exceed the standard of care applicable to others practicing in the subconsultant’s field and performing similar work in the area in which the Project is located. The acceptance of the Services by City does not release Consultant from these obligations.

5. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first above written and will expire upon completion of the Services by Consultant.

6. Schedule.

6.1 Time is of the essence for providing the Services. Consultant will generally adhere to the approved Project Schedule provided, that City will grant reasonable extensions of time for the performance of the Services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.

6.2 Consultant acknowledges the importance to City of City’s Project Schedule and agrees to put forth its best professional efforts to perform the Services in a manner consistent with that schedule.

City understands, however, that Consultant’s performance must be governed by sound practices.

Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.

7. Compensation.

7.1 The total fee payable for the Basic Services to be performed during the term of this Agreement will be based on the Rate Schedule, for a not to exceed amount of nine hundred eighty six DocuSign Envelope ID: 0FBAB1E4-4368-4294-990E-FE13637B5535

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thousand nine hundred sixty dollars ($986,960), including authorized expense reimbursements, or as otherwise specified in Exhibit A. Any authorized Additional Services will be paid for based on the Rate Schedule. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the Services.

7.2 Payment will occur only after receipt by City of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City.

7.3 Within thirty (30) days after receipt of any applicable progress payment request, City will verify the accuracy of the request, correct the charges where appropriate, and make payment to Consultant in an amount equal to the amount of such application, as verified or corrected by City. No payment made prior to completion and acceptance of the Services will constitute acceptance of any part of the Services.

City reserves the right to withhold payment from Consultant on account of Services not performed satisfactorily, delays in Consultant's performance of Services, or other defaults hereunder.

8. Status of Consultant.

8.1 Consultant will perform the Services in Consultant's own way, by controlling the manner and means of the work City needs completed, and pursuant to this Agreement as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. The persons used by Consultant to provide the Services under this Agreement will not be considered employees of City for any purposes whatsoever.

8.2 The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subconsultants. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subconsultants. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment, including, but not limited to, those based on any provision of the Federal Affordable Care Act, which City may be required to make on behalf of Consultant or any agent, employee, or subconsultant of Consultant for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.

9. Subcontracting. Consultant's services are being requested by City because they are unique and personal. Except as may be specified in Exhibit A, Consultant will not subcontract any portion of the Services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subconsultant and of the persons either directly or indirectly employed by the subconsultant, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subconsultant of Consultant and City.

Consultant will be responsible for payment of subconsultants. Consultant will bind every subconsultant and every subconsultant of a subconsultant by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

10. Other Consultants. The City reserves the right to employ other consultants in connection with the Project or the Services.

11. Indemnification. Consultant agrees to indemnify, including the cost to defend, City, its officers, agents, volunteers and employees from any and all claims, demands, costs or liability (collectively, “Liability”) that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its agents in the performance of Services under this Agreement, but this indemnity does not apply to Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages available under DocuSign Envelope ID: 0FBAB1E4-4368-4294-990E-FE13637B5535

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any applicable insurance coverage and will survive the expiration or termination of this Agreement with respect to any Liability arising from or caused during the term of the Agreement.

12. Insurance. Consultant will obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant’s agents, representatives, employees or subconsultants. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A:VII."

12.1 Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.

12.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.

12.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.

12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.

12.1.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. The professional liability insurance must include prior acts coverage.

12.2 Endorsements. For Commercial General Liability Insurance, Consultant will ensure that the policies are endorsed to name the City, its officers, agents, volunteers and employees as additional insureds. Prior to City's execution of this Agreement, Consultant will furnish certificates of insurance and endorsements to City.

12.3 Cancellation. Insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the notice provisions of this Agreement.

12.4 Failure to Maintain Coverage. If Consultant fails to maintain any of these insurance coverages, then City will have the option to declare Consultant in breach of this Agreement, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Consultant is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Consultant or deduct the amount paid from any sums due Consultant under this Agreement.

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12.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.

12.6 Primary Coverage. For any claims related to the Services and this Agreement, the Consultant’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City for itself, its officers, agents, volunteers and employees, will be in excess of Consultant’s insurance and not contributory with it.

12.7 Reduction in Coverage/Material Changes. Consultant will notify City in writing pursuant to the notice provisions of this Agreement thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this Agreement or any material changes to the respective insurance policies.

12.8 Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.

13. Business License. Consultant will obtain and maintain a City of Brentwood Business License for the term of the Agreement, as it may be amended from time-to-time.

14. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

15. Ownership of Documents.

15.1 All product produced by Consultant or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement. Consultant will have the right to make one (1) copy of the Work Product for Consultant’s records.

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

16. Copyrights. Consultant agrees that all copyrights that arise from the Services will be vested in City and Consultant relinquishes all claims to the copyrights in favor of City.

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

18. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally, by facsimile or by generally DocuSign Envelope ID: 0FBAB1E4-4368-4294-990E-FE13637B5535

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recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:

For City:

City of Brentwood
150 City Park Way
Brentwood, CA 94513
Phone: (925) 516-6070
Attn: Casey Wichert
Email: [email protected]
For Consultant:

Name: Water Works Engineers, LLC
Title: Project Manager
Address: 2260 Douglas Blvd., Suite 105
Roseville, CA 95661
Phone: (916) 238-1460
Attn: Joe Ziemann
Email: [email protected]
Either Party may change its address for purposes of this section by giving the other Party written notice of the new address in the manner set forth above.

19. Conflicts of Interest.

19.1 City will evaluate Consultant’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City’s Conflict of Interest Code is required of Consultant or any of Consultant’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Consultant or Consultant’s affected employees, agents, or subconsultants will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700.

19.2 Consultant understands that its professional responsibility is solely to City. Consultant warrants that it presently has no interest, present or contemplated, and will not acquire any direct or indirect interest that would conflict with its performance of this Agreement. Consultant further warrants that neither Consultant, nor Consultant’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Consultant will file with the City an affidavit disclosing this interest. Consultant will not knowingly, and will take reasonable steps to ensure that it does not, employ a person having such an interest in the performance of this Agreement. If after employment of a person, Consultant discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant will promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict.

20. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of the Services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the Services with all applicable laws, ordinances and regulations.

21. Pandemic Health Laws. Consultant’s duty to comply with Laws includes compliance by Consultant and Subcontractors with all local, state, or federal Laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”), which include all of the County of Contra Costa Health Orders. Failure to fully comply with the Health Laws constitutes a material default, subject to all available remedies including suspension or termination.

22. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

23. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Consultant in writing pursuant to the notice provisions of this Agreement. Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination DocuSign Envelope ID: 0FBAB1E4-4368-4294-990E-FE13637B5535

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of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant.

Either Party, upon tendering thirty (30) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.

24. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

25. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity.

26. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This Agreement will be governed by the laws of the State of California.

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

28. Successors and Assigns. It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Consultant without the prior written consent of City, which will not be unreasonably withheld.

29. Section Headings. Section headings as used in this Agreement are for convenience only and will not be deemed to be a part of such sections and will not be construed to change the meaning of the section.

30. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.

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31. Entire Agreement and Order of Precedence. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the Parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non-material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both Parties.

Notwithstanding that the RFP and Proposal are incorporated into this Agreement as Exhibit B and Exhibit C, respectively, if any provision in the Proposal or the RFP differs from or is inconsistent with the terms of this Agreement, including Exhibit A, the terms of this Agreement, including Exhibit A, will take precedence over any such differing or inconsistent provision. Likewise, to the extent any terms in the Proposal differ from or are inconsistent with the terms of the RFP, the terms of the RFP will take precedence over any differing or inconsistent terms in the Proposal

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

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33. Severability. If any term, provision, condition or covenant of this Agreement or its application to any Party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

34. Signatures.

34.1 Counterparts. This Agreement may be executed in two or more counterparts, each of which together will be deemed an original, but all of which together will constitute the same instrument.

34.2 Digital/Electronic Signatures. Using a City-approved method, this Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section

16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.

CONSULTANT:

By: __________________________________
Sami Kader, Managing Member
CITY:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

By:

Damien Brower, City Attorney
If required by City, proper notarial acknowledgment of execution by Consultant must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B.

Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.

If an LLC:
• The Agreement must be signed by a Managing Member or the LLC must attach a resolution empowering the signatory to bind the LLC.

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AGREEMENT FOR CIVIL ENGINEERING SERVICES
Water Works Engineers, LLC
Biosolids Dryer Project, CIP No. 592-59140
EXHIBIT “A”

PART ONE - SCOPE OF SERVICES

1. General. Consultant must provide civil engineering design and related services for the Project, as more particularly described in the RFP and Proposal, including and subject to the following general requirements.

1.1 Preliminary Design Conference. Following the City’s execution of this Agreement, or as otherwise specified in Exhibit A, Consultant must attend a preliminary design conference with the Project Manager. At the request of the Project Manager, the Consultant must submit written minutes of the preliminary design conference in order to demonstrate its understanding of the Project requirements.

1.2 City Approval. Consultant may not proceed with the development of successive Design Documents, as detailed below in Section 2, until it has received written approvals from the City. Consultant must promptly review and revise the following to the City’s satisfaction, without additional compensation:
(A) Design Documents submitted for City approval and to which the City has objections; and
(B) Design Documents which have been determined by the City to present excessive cost or constructability problems.

1.3 Governmental Approval. Consultant must assist the City with obtaining the following required approvals from governmental agencies with jurisdiction over the Project: N/A.

1.4 Consultant will control the manner and the means of the services to be provided, and be responsible for the professional quality, technical accuracy and coordination of the Services. Consultant will, without additional compensation, correct or revise any errors or deficiencies in the Services.

1.5 Consultant will keep City informed on a regular basis that the Services are being performed in accordance with the requirement and intentions of this Agreement. 2 Basic Services. In addition to the tasks specified in the RFP and Proposal, Consultant’s Basic Services include the following:
.2.1 Project Schedule. Following the City’s execution of this Agreement, Consultant must prepare and submit for the City Engineer’s review and approval a preliminary Project Schedule, based on the Proposed Project Schedule included in in Part Two, below, showing the timing and sequencing of the major design and construction phases required to complete the Project. The preliminary Project Schedule should include times for completion of all major phases of environmental procedures, if applicable; design; bidding; construction; final close out; or as otherwise specified by the Project Manager. The Project Schedule must be updated for the City Engineer’s review and approval upon completion of each major phase included in the Project Schedule.

2.2 Cost Estimate. Following the City’s execution of this Agreement, Consultant must prepare and submit for the City Engineer’s review and approval a preliminary estimate of the cost to construct the Project. As the design process progresses, Consultant must submit updates to the preliminary cost estimate for the City’s approval concurrent with its submission of the Schematic Design Documents, Design Development Documents, and Construction Documents, respectively. If at any time, an updated cost estimate exceeds the City’s previously approved cost estimate, Consultant must provide the City with recommendations for constructing the Project within the City’s budget.

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2.3 Schematic Design Documents. Within the time specified in the approved Project Schedule, Consultant must prepare and submit for the City Engineer’s review and approval Schematic Design Documents consisting of drawings, outline specifications, and other documents showing the Project’s basic components, scale, and location on the Project site. The Schematic Design Documents must include, to the extent applicable, conceptual plans of the Project site and improvements; preliminary sections and elevations; approximate areas, volumes, and dimensions; and preliminary selections of materials and systems. The Schematic Design Documents and updated cost estimate may be submitted electronically to the Project Manager, unless the Project Manager specifically requests two printed sets and one reproducible set of the Schematic Design Documents.

2.4 Design Development Documents. Based on the approved Schematic Design Documents and within the time specified in the approved Project Schedule, Consultant must prepare for the City Engineer’s review and approval the Design Development Documents. The Design Development Documents must further define the Project, including drawings and outline specifications fixing and describing the Project size, character and site relationships, and other appropriate elements describing the structural, engineering, mechanical and electrical systems, as applicable. The Design Development Documents must include, as applicable, plans, sections and elevations; criteria and sizing of major components; equipment sizes and capacities and approximate layouts, including required spaces and clearances; typical details; materials selections and general quality levels. When submitting the Design Development Documents for the City Engineer’s approval, the Consultant must identify in writing all material changes and deviations, if any, that have taken place since approval of the Schematic Design Documents, including, but not limited to, changes to the last updated cost estimate and the approved Project Schedule.

The Design Development Documents and updated cost estimate may be submitted electronically to the Project Manager, unless the Project Manager specifically requests two printed sets and one reproducible set of the Design Development Documents.

2.5 Construction Documents. Based on the approved Design Development Documents and within the time specified in the approved Project Schedule, Consultant must prepare for the City Engineer’s review and approval, and required governmental agency approval(s), if applicable, Construction Documents setting forth in detail the quality levels of and the requirements for construction of the Project, and consisting of drawings and technical specifications that comply with all applicable codes, laws, ordinances and regulations in effect at the time of their preparation at the location of the Project, and as further specified in the RFP. The Construction Documents must be submitted to the City Engineer in electronic form, ready to be added to the front end documents, which will be prepared by the City using the City’s approved front end documents. When submitting the Construction Documents for the City Engineer’s approval, the Consultant must identify in writing all material changes and deviations, if any, that have taken place since approval of the Design Development Documents including, but not limited to, changes to the last updated cost estimate and the approved Project Schedule. The Construction Documents and updated cost estimate may be submitted electronically to the Project Manager, unless the Project Manager specifically requests two printed sets and one reproducible set of the Construction Documents.

2.6 Bidding Phase Services. Consultant must assist the City during the bidding phase, including, if applicable, prequalification of bidders; conducting pre-bid meetings or site walks; issuance of addenda; bid review; and review of bid protests. If the lowest responsive bid exceeds the final approved construction cost estimate by twenty-five percent or more, and the City, acting in its sole discretion decides to reject all bids and re-bid the Project, Consultant must, at no additional cost to the City, work with the City to make the modifications to the Construction Documents to reduce the cost of construction so as not to exceed the previously approved construction cost estimate by more than the stated additional percentage.

2.7 Construction Phase Services. During the Construction Phase the Consultant must provide the following services to the City, as more particularly specified in Exhibit A:
(A) General administration of the Construction Contract including: review and advise the Project Manager as to the accuracy and reasonableness of Contractor’s schedule of values; coordinate the Project Schedule with the Contractor’s Work schedule; provide prompt and complete responses to DocuSign Envelope ID: 0FBAB1E4-4368-4294-990E-FE13637B5535

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Contractor’s requests for information; and coordinate efforts with the Project Manager to ensure the Project is completed in a timely, cost-effective manner, consistent with the City’s requirements. (B) Ongoing design services as needed, including: interpretations and clarifications of the Construction Documents provided by the Consultant; and preparation of design details for Change Orders, as needed for the proper execution and progress of the Work and consistent with the intent of the approved Construction Documents.
(C) Consultant must timely review Contractor’s design-related submittals, including shop drawings, product data and samples, and issue written approvals of and/or recommendations to the City within ten days of receipt of each such submittal, unless additional time is required based on the nature of the submittal, in which case the review must be completed as soon as practicable under the circumstances. Consultant must check the submittals for compliance with the approved Construction Documents. Consultant’s review must not extend to the Contractor’s means, methods, techniques, sequences, or procedures, unless such have previously been specified in the Construction Documents. (D) Consultant must assist the Project Manager in evaluating whether to recommend approval of requests for changes in the Work, and, if applicable, must assist with preparing proposed Change Orders.
(E) Consultant must visit the Project site at intervals sufficient to monitor the progress and quality of the Work and to determine whether the Work is proceeding in conformance with the Construction Documents. Following each Project site visit, Consultant must promptly provide the Project Manager with a written report of Consultant’s observations and recommendations, if any. If Consultant becomes aware of any defects or deficiencies in the Work, Consultant must provide prompt notice to the Project Manager, followed by written confirmation of that notice. If, in Consultant’s opinion, special testing or inspection of the Work is needed, Consultant must recommend appropriate procedures and consultants to the City. Consultant is not responsible for Contractor’s safety precautions and programs. However, if Consultant has knowledge of safety violations, Consultant must give prompt notice to the City of such violations.
(F) Consultant must assist the City in evaluating the Contractor’s payment applications in accordance with the Construction Documents. Based on on-site observations and review of other relevant information, Consultant must evaluate whether the Work has progressed to the point indicated in the payment application. Consultant’s review must include review of the status of the Contractor’s record drawings.
(G) Consultant must attend meetings with the Project Manager and Contractor(s) prior to and during construction as requested.
(H) Consultant must prepare and submit reports on the progress or status of the Work to the Project Manager as requested.
(I) Consultant must conduct inspections reasonably necessary to determine whether Contractor has achieved final completion of the Work in accordance with the Construction Contract, and must prepare a list of items to be completed or corrected (the “punch list”), including estimates of the cost for the City to correct or complete each punch list item, as well as required final submittals (e.g., warranties, manuals, as-built drawings, etc.) in order to achieve final completion.

2.8 Close Out and Post-Construction Services
(A) Consultant must promptly perform all tasks reasonably necessary for Project close out. If requested, Consultant must provide the City with a color schedule of all finished materials incorporated into the Project.

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(B) If requested by the City, Consultant must make visits to the Project site during the warranty period to advise the City on the need for warranty work. (C) All Project plans, including, but not limited to, record drawings, specifications, and estimates prepared pursuant thereto, must be and remain the property of the City for the purposes of repair, maintenance, renovation, modernization, or other purposes, only as they relate to the Project. The City reserves the right to use the Construction Documents, record drawings, or estimates related to the Project for the purposes of additions, alignments, or other development on or near the site or elsewhere in the City.

Nothing in this provision is intended to transfer or waive Consultant’s copyrights over these documents, including, but not limited to, all common law, statutory, and other reserved rights, unless transferred or waived in writing by Consultant. Notwithstanding the foregoing, if the City proposes to reuse the Construction Documents, in whole or in part, the City and Consultant will specify the terms and conditions for the reuse in this Agreement by an amendment or addendum.

3. Additional Services. If not expressly included in Basic Services, as specified above or in RFP or the Scope of Services in Exhibit A, the following services must be provided by Consultant and will be paid for as Additional Services, subject to prior written authorization by the City:

3.1 Investigation of financing or other special studies to determine the financial feasibility of the Project.

3.2 Consultations, negotiation, and the like for procurement of Project financing.

3.3 Investigation of or measured drawings of existing conditions or improvements or verification of the accuracy of the City-provided drawings or other information on existing conditions.

3.4 Surveys, site evaluations, or legal descriptions.

3.5 Soils, subsurface and environmental studies, reports and investigations required by outside agencies with jurisdiction over the Project.

3.6 Revisions to the City-approved Construction Documents which are required due to circumstances outside of Consultant’s control.

3.7 Design, coordination, management, expediting and other services for the procurement of materials to be obtained or work to be performed by the City, including, but not limited to technology or other specialty systems which are not otherwise required by this Agreement.

3.8 Estimates, appraisals, consultations, and related services required for the repair or replacement of an insured loss.

3.9 Preparing for or providing expert witness services or participation in out-of-court dispute resolution in connection with any Project-related dispute or adversarial proceeding to which the Consultant is not a party, or potential party.

3.10 Out of town travel in connection with the Services, other than travel between Consultant’s office, the City’s offices, and the Project site.

3.11 The City-requested services which are not included in Basic Services and are not customarily provided as part of generally accepted civil engineering design services for this type of project and the region in which the Project is located.

3.12 Extended services required by non-performance, suspension, termination, or default of the Contractor in the performance of the Work, through no fault of Consultant.

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3.13 Preparation of special models, renderings or mock-ups, which are not included in Basic Services.

3.14 Other services as agreed to by the Parties as set forth in written amendment or addendum to this Agreement.

4. References. Consultant’s Services, including preparation of the Design Documents, should be informed and guided by the information or requirements included in the following document(s):
• BioforceTech Basis of Design Document
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AGREEMENT FOR CIVIL ENGINEERING SERVICES
EXHIBIT “B”

REQUEST FOR PROPOSALS
City of Brentwood
Biosolids Dryer Project, CIP No. 592-59140
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ENGINEERING DEPARTMENT
150 City Park Way•Brentwood, California 94513
Phone: 925-516-5420•Fax: 925-516-5421
email: [email protected]
September 14, 2023
To: All Interested Qualified Engineering Design Firms
Subject: Request for Proposals for Engineering Design Services Biosolids Dryer, CIP Project No. 592-59140
The City of Brentwood invites qualified firms to submit proposals for engineering design services for the project listed above.

The Biosolids Dryer Project (“Project”) includes design services and technical services (“Services”). The Project involves surveying, grading, paving, extending the necessary utilities (electrical, gas, water, etc.) and connecting to the proposed Biosolids Dryer. The Services required for the Project include design services to develop and prepare plans, specifications, cost estimates and all necessary contract documents for the Project.

To be considered, please email your proposal in pdf format to [email protected] no later than 4:00 p.m. on October 10, 2023.

Questions should be e-mailed to [email protected] to the attention of Aman Grewal no later than 4:00 p.m. on October 3, 2023. Answers to questions will be shared with all firms that have obtained the RFP document. To ensure receipt of notifications regarding this proposal, and to have the proposal considered valid, this document must be obtained directly from the City.

This solicitation does not commit the City to pay any costs incurred in the preparation and presentation of submittals or to select any consultant who responds. This solicitation covers only the work described herein and does not commit the City to any work beyond that described.

Sincerely,
Aman Grewal
Associate Engineer
Attachments:

Request for Proposals
Exhibit A – Sample Agreement
Exhibit B – Scope of Services
Exhibit C – Bioforcetech Basis of Design Document
Exhibit "B"
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REQUEST FOR PROPOSALS
for Biosolids Dryer Project
Date of Issuance: September 14, 2023
Request for Information Deadline: October 3, 2023 at 4:00 p.m.

Proposal Deadline October 10, 2023 at 4:00 p.m.

Exhibit "B"
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CITY OF BRENTWOOD

REQUEST FOR PROPOSALS
The City of Brentwood (“City”) requests proposals (“Proposals”) from qualified individuals or firms (individually, a “Respondent” and collectively, “Respondents”) for engineering design services for its Biosolids Dryer Project, CIP Project No. 592-59140 (“Project”).

1. ABOUT THE CITY
The City is a general law city located in east Contra Costa County, with an estimated population of 65,300. Additional information about the City is available online at:
https://www.brentwoodca.gov.

2. THE PROJECT
A. Summary. The City requires design services and technical services (“Services”) for its Project. The Project involves surveying, grading, paving, extending the necessary utilities (electrical, gas, water, etc.) and connecting to the proposed Biosolids Dryer. The Services required for the Project include design services to develop and prepare plans, specifications, cost estimates and all necessary contract documents for the Project.

B. Form of Agreement. A copy of the City’s standard Agreement for Civil Engineering Services (“Agreement”), is attached and incorporated as Exhibit A. By submitting a Proposal, the Respondent agrees to enter into the Agreement using the attached form with no exceptions to the form of the Agreement.

C. Scope of Services. The required Scope of Services is attached and incorporated as Exhibit B. By submitting a Proposal, the Respondent represents that it is fully qualified and available to provide the Services set forth in the Scope of Services at the price set forth in its Proposal, and that it agrees to provide those Services if it is awarded the Agreement, which will attach and incorporate the Scope of Services.

3. REQUEST FOR PROPOSAL PROCEDURES
A. Requests for Information. Questions or objections relating to the Request for Proposal (“RFP”), the RFP attachments, the RFP procedures, the Project, or the required Services may only be submitted via email to Aman Grewal, Associate Engineer, at [email protected] by 4:00 p.m., October 3, 2023 (the “Request for Information Deadline”). Any questions or objections that are not submitted in the manner specified and by the Request for Information Deadline will be deemed waived. City will not be bound by the oral representations of any City officials, employees, or representatives.

B. Submittal Instructions. Proposals must be received by the City by or before October 10, 2023, at 4:00 p.m. Pacific Daylight Time (“Proposal Deadline”). Respondent must submit one copy of the Proposal in electronic format (pdf) via email to Aman Grewal, Associate Engineer, at [email protected] with the subject line stating:

Exhibit "B"
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“Proposal for Engineering Design Services for Biosolids Dryer, CIP Project No. 592- 59140” by the Proposal Deadline. Late submissions will be disregarded.

C. Planned RFP Schedule. The following schedule is provided for planning purposes based on current information. However, all dates are subject to revision, including the Proposal Deadline, and may be amended by addenda to this RFP:

ACTIVITY PLANNED DATES/TIME
RFP Issued September 14, 2023
Request for Information Deadline October 3, 2023, at 4:00 p.m.

Proposal Deadline October 10, 2023, at 4:00 p.m.

Interviews (if requested by City) October 12, 2023
Notice of Selection October 16, 2023
Council or awarding officer Consideration of
Award
November 14, 2023
D. Addenda. City reserves the right to issue addenda to modify the terms and conditions of this RFP, including modifications to the Proposal Deadline or to the Exhibits to this RFP. Addenda will be posted on the City’s website at https://www.brentwoodca.gov/government/projects-bids-rfps. Each Respondent is solely responsible for checking the City’s website for addenda, and for reviewing any and all addenda before submitting its Proposal.

4. PROPOSAL REQUIREMENTS
Each Proposal must be submitted in compliance with the requirements of this RFP. Each Proposal must respond to the items listed below. Clarity and brevity are preferable to volume. Unless requested, do not attach brochures or promotional materials to the Proposal. By submitting a Proposal, the Respondent agrees that the lump sum price and proposed approach to providing the Services, including staffing, constitute a firm offer to enter into the Agreement with the City, and that the offer will remain open for 60 days following the Proposal Deadline.

A. Cover Letter. Provide a brief cover letter that includes all of the following information:
(1) Respondent’s name, address, phone number, and website address; (2) Type of organization (e.g. corporation, partnership, sole proprietorship; and State of formation);
(3) A summary of general information about Respondent and the types of services it provides in relation to the Services required by the City; and (4) Contact information, including name, title, address, phone number, and email, of Respondent’s primary representative for purposes of this RFP.

The cover letter must be signed by a representative that is authorized to bind Respondent by contract and must state his or her name, title, and email address.

B. General Qualifications. Provide a brief description of the Respondent’s business, including the number of years in business under the current name. Describe the size of the business, including total number of employees and offices, and identify and briefly Exhibit "B"
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describe each local office that will be involved in providing the Services if awarded the Agreement. Describe how and why Respondent is qualified to provide the Services.

C. Experience. Identify services Respondent has provided in the last five years for projects that are similar in scope and nature to the Project described in this RFP, particularly with respect to services provided to other cities or public agencies. For each example, provide: (1) a brief description of the services provided; (2) an explanation of why this experience is relevant to the required Services; and (3) the name and address of the contracting agency, including contact information for a reference check (name, title, phone number, and email address).

D. Staffing. Identify by name and title Respondent’s key personnel that will be assigned to provide the Services and for each, include a resume with his or her education, training, and experience. Identify by name, address, and website, each subconsultant or subcontractor, if any, that will be involved with providing the Services, including the proposed role for each such subconsultant or subcontractor. Include all applicable license numbers for any license required to perform the Services.

E. Price. Provide a lump sum price for the Services that is fully inclusive of all costs to provide the Services, including hourly billing rates, all labor, materials, equipment, supplies, the insurance required under the terms of the Agreement, travel fees, and any additional cost(s) the City would incur if Respondent is awarded the Agreement. Attach a copy of billing rates that would apply to any authorized additional Services.

F. Proposed Approach. Briefly describe Respondent’s proposed approach to providing the Services and how that approach will offer value to the City. Identify any proposed innovations that may be used to achieve more cost-effective delivery of the Services and/or cost savings for the Project as a whole.

5. EVALUATION
The factors that the City will consider in evaluating Proposals are as follows:
• General qualifications 1-15 points
• Relevant experience 1-15 points
• Proposed staffing 1-15 points
• Pricing 1-15 points
• Proposed approach 1-10 points
• Responsiveness 1-10 points
• References 1-10 points
• Interview (if requested) 1-10 points

6. SELECTION AND AWARD
A. Review. Proposals will be reviewed for responsiveness and evaluated and ranked based on the factors listed in Section 5 above. When the evaluation is complete, the Proposals will be ranked based on total scores to identify the Proposal that provides the best value to the City. Acting in its sole discretion, the City may elect to conduct interviews Exhibit "B"
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with shortlisted Respondents. Interviews are not public meetings as defined by California open meeting laws (the Brown Act).

B. Award. The City staff will recommend award of the Agreement, if at all, to the Respondent that is determined by the staff to offer the best value to the City based on the City’s review, as outlined above. City staff will submit its recommendation to the City Council or the awarding officer, as applicable, for award of the Agreement to the Respondent that it determines to offer the best value. The Respondents will be notified of staff’s intended recommendation by a Notice of Selection which will be posted on the City’s website at https://www.brentwoodca.gov/government/projects-bids-rfps, and which may also be emailed to each Respondent that submits a Proposal. The City Council or awarding officer will award the Agreement, if at all, to the Respondent that is determined by the City Council, acting in its sole discretion, to offer the best value to the City.

C. Protest Procedures. Any protest challenging the City’s intended selection or the selection process must be submitted no later than 5:00 p.m., on the fifth business day following the date of the Notice of Selection. The protest must be submitted in writing via email to Aman Grewal, Associate Engineer, at [email protected], and must clearly specify the basis for the protest. The protest will be reviewed by the department director in consultation with the City Attorney’s Office, and the reviewing individual’s determination on the protest is final. No public hearing will be held on the protest. Time being of the essence, the City reserves the right to proceed with award of the Agreement and commencement of the Services notwithstanding any pending protest or legal challenge.

7. MISCELLANEOUS
A. Disclaimers and Reservation of Rights. Upon receipt, each Proposal becomes the sole property of City and will not be returned to the Respondent. Each Respondent is solely responsible for the costs it incurs to prepare and submit its Proposal. The City reserves, in its sole discretion, the right to reject any and all Proposals, including the right to cancel or postpone the RFP or the Services at any time, or to decline to award the Agreement to any of the Respondents. The City reserves the right to waive any immaterial irregularities in a Proposal or submission of a Proposal. The City reserves the right to reject any Proposal that is determined to contain false or misleading information, or material omissions.

B. Conflict of Interest. Respondents must disclose to the City any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to Respondent, any employees of Respondent, or any other person relative to the Services to be provided pursuant to this RFP. This RFP process will be conducted in compliance with all laws regarding political contributions, conflicts of interest, or unlawful activities. In accordance with Government Code Section 1090, Respondents who have participated in preliminary discussions, negotiations, reasoning, planning, and/or drawing of plans and specifications for previous agreements related to the same scope of work, will be excluded from consideration for the award of the Agreement. City employees are prohibited from participating in the selection process for this RFP if they have any financial or business relationship with any Respondent.

Exhibit "B"
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Brentwood City CouncilNovember 14, 2023

Brentwood City Council
November 14, 2023