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CITY COUNCIL AGENDA ITEM NO. 22

Meeting Date: November 14, 2000

Subject/Title: Agricultural Enterprise Program

Submitted by: Mitch Oshinsky, Community Development Director
Winston Rhodes, Associate Planner

Approved by: Jon Elam, City Manager

RECOMMENDATION
The Planning Commission, Neighborhood Committee, Agricultural Enterprise Committee and staff recommend that Council introduce and waive first reading of the Agricultural Enterprise Program Committee Final Report and the Agricultural Land Conservation Ordinance.

PREVIOUS ACTION 
In 1998 the City Council directed staff to initiate an Agricultural Enterprise Program (AEP), as an important Consensus Priority project. On May 25, 1999, the City Council authorized a consultant contract with MIG, to help formulate the AEP. On July 27, 1999, Council appointed a nineteen person committee, including Mayor Kidd and Councilman McPoland, to work with Community Development staff and the consultant, to develop the AEP. On January 25, 2000, Council authorized staff to apply for a grant to help fund the consultant services. A $25,000 grant has been received by the City, for that purpose.

BACKGROUND 
Brentwood has a long and rich agricultural heritage, due to excellent soils and good climate. Agriculture has historically been the leading industry in the Brentwood area and has helped distinguish Brentwood from other Bay Area communities. Today agriculture continues to be an extremely important local and regional industry. According to the County Agricultural Commissioner, the Brentwood area produces crops and products which contribute approximately $50 million annually to the local and regional economy. The annual Corn Festival and local u-pick operations are among Brentwood’s most important tourism attractions bringing thousands of visitors to the area. The Brentwood area represents over 50% of the County crop of apples, apricots, cherries, fresh tomatoes and pears. The area also contributes from 10 – 40% of the County’s alfalfa, beans, hay, nectarines, peaches, peppers, plums, processing tomatoes, sweet corn and walnuts. 

The State has recognized the importance of conserving the highest quality farmland and has $25 million available under the California Farmland Conservancy Program with $6.5 million budgeted for fiscal year 2000-01 (see enclosed State Department of Conservation letter). In addition, 60 private foundations with large funding assets are potentially poised to help fund the Brentwood Agricultural Program (see enclosed letter from John Chapman, Chair, Board of Trustees of The East Bay Community Foundation).

A major component of the AEP is the Transferable Agricultural Credits (TAC) program, which conveys major potential economic benefits to farmers. TAC designates a pilot area in the south Agricultural area, where farmers can get a 2 dwelling unit per acre development credit, in exchange for acceptance of a permanent conservation easement on their land. The credit can be transferred to Brentwood land designated for development, as a density bonus. For example, a farmer with 10 acres would get 20 credits. If those credits are applied to low density land in the City, the mid-range density of 3 units per acre, could go to 5 units per acre with the 2 unit density bonus. Both Pulte and Signature, which are large developers in Brentwood, recently expressed high interest in this program, and stated the current value they would pay farmers for TAC units is $15,000 to $30,000 per credit. Therefore, 20 credits would be worth between $300,000 to $600,000 to the farmer.

Mayor Kidd and Councilman McPoland and Winston and I met with County Board of Supervisors Chair Gerber and Canciamilla, and County staff in the last few months to discuss the AEP and TAC. The Supervisors were supportive of both items, and agreed to pursue the applicability of TAC at the broader County level. Therefore, there is County support for Brentwood’s Agricultural Preservation efforts. 

The Brentwood General Plan calls agriculture the primary land use of the Brentwood Planning Area and the historic industry for the community. This, coupled with increasing development pressures throughout the Bay Area, led to Brentwood’s desire to balance these two interests. Brentwood’s desire is to maintain the productivity of agricultural lands while providing for the community’s growth and expansion. This is to be accomplished by protecting agricultural uses so that they do not prematurely develop. 

Goal 1 of the General Plan Conservation Element states: Preserve productive agricultural lands in Brentwood’s Planning Area.

Policy 1.1.4 – Secure Agricultural Lands: Establish a program which secures permanent agriculture on lands designated for agriculture in the City and/or County General Plan. The program should include . . . land dedication . . . and a transfer of development/in-lieu fee ordinance. . .

1.1.5 – Maintain Prime Agricultural Land south of the ECCID main channel and east of Sellers Ave. and direct urban growth to the west and north.

1.2.4 - Developers inside the City to be responsible for mitigating impacts upon agriculture.

The Council Agricultural Subcommittee of Mayor Kidd and Councilman McPoland, and staff have worked during the past four years on agricultural land protection strategies. In 1999 the City Council appointed an Agricultural Advisory Committee to provide recommendations for development of an Agricultural Enterprise Program (AEP) to preserve agricultural enterprise.

The Agricultural Advisory Committee has met 11 times since September 1999 to prepare Agricultural Enterprise Preservation recommendations. The Committee voted 7 to 6 on October 11, 2000 to recommend approval of the AEP to the Planning Commission and Council. On October 30, 2000 the Planning Commission voted 4 to 1 to recommend that Council approve the AEP Ordinance with three changes discussed below. The Final Agricultural Committee Report and draft Ordinance with the Planning Commission’s input are attached. On October 25, 2000 the Neighborhood Committee voted 8 to 2 to support the report and recommend approval of the AEP to Council. 

DISCUSSION
The AEP Committee Report includes a summary of recommendations on pages 4-11, which were the result of lengthy discussions, reconsiderations and votes over the 11 Committee meetings. The AEP has three components: 1) farmland mitigation, 2) transferable agricultural credits, and 3) agricultural enterprise. 

The Planning Commission recommended Council approval of the Committee’s Final Report, with three changes to the Ordinance as follows, which are also attached to the Committee Final Report:

· Replace references to the “Farm Bureau” with references to “local agricultural organizations” per the request of the Farm Bureau, which is neutral on the AEP. This change is reflected in recommendations 3.1, 3.2, 3.8, 3.9, 3.11, and 3.12 of the Committee Report.

· Eliminate term easements to ensure permanent rather than temporary agricultural land protection. It was pointed out that temporary farm assistance is already available through the Williamson Act’s property tax relief. It was also noted that voters would be less likely to support taxpayer funds for temporary rather than permanent farmland protection. In addition, it was mentioned that term easements would be less valuable and make it harder to obtain outside grants, because they do not offer permanent protection.

· Eliminate the AEP sunset clause if voters fail to support a ballot measure for taxpayer funding of the program. The Planning Commission did not want the program to be decided by an additional citizen tax ballot measure vote when the necessary funding appears available from State and federal agencies and private foundations. 

In the Ordinance version which went to the Planning Commission, a number of provisions centered around a new Farmland Advisory Committee in Section 17.730.080. These were an outgrowth of the AEP, and in hindsight, should not have been in the Ordinance. Similarly, there were no provisions in the Ordinance relating to the formation of a Land Trust, which is an important component. Staff has added this reference under Section 17.730.090. These changes are not substantial, but are more directly a reflection of the work of the Agricultural Advisory Committee, as contained in the AEP. We have provided Council with both versions, and are recommending the updated version be adopted by Council. 

Attachments:
Agricultural Enterprise Program Committee Report With Planning Commission Changes
Proposed Agricultural Land Conservation Ordinance
State Department of Conservation Funding Availability Letter
Foundation Funding Availability Letter

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE BRENTWOOD AGRICULTURAL ENTERPRISE PROGRAM AND ADDING CHAPTER 17.730 TO THE BRENTWOOD MUNICIPAL CODE TO CONSERVE AGRICULTURAL LAND.


WHEREAS, agriculture is a historically and economically important component of the City of Brentwood; and 

WHEREAS, it is the City's stated goal in the Conservation/Open Space Element of the General Plan to "preserve productive agriculture lands in Brentwood's Planning Area;" and

WHEREAS, Policy 1.14 of the Conservation/Open Space Element of the General Plan calls for the establishment of a program which secures permanent agriculture on lands designated for agriculture in the City and/or County General Plan; and 

WHEREAS, Policy 1.1.5 of the Conservation/Open Space Element of the General Plan calls for the maintenance of prime agricultural lands south of the East Contra Costa Irrigation District Main Canal and east of Sellers Avenue and directing urban growth to the west and the north; and 

WHEREAS, Policy 1.2.4 of the Conservation/Open Space Element of the General Plan calls for the developers inside the City to be responsible for mitigating impacts upon nearby agriculture; and

WHEREAS, Policy 1.4.1 of the Conservation/Open Space Element of the General Plan identifies the use of a density transfer program as a mechanism to investigate for agricultural preservation; and

WHEREAS, Policy 2.3.1 of the Economic Development Element of the General Plan calls for the establishment of a program to promote and maintain prime agricultural lands and locations for continued agricultural use, or agriculture supportive industries; and 

WHEREAS, the City Council created an Agricultural Advisory Committee to recommend a program to protect Brentwood’s agricultural land and to enhance agriculture in the vicinity of Brentwood; and

WHEREAS, the Advisory Committee held eleven publicly noticed meetings and has recommended an Agricultural Enterprise Program that includes land conservation strategies requiring the adoption of an implementing ordinance; and 

WHEREAS, on October 25, 2000, the Brentwood Neighborhood Committee reviewed the draft Agricultural Enterprise Program and voted to support the report and recommend approval to the City Council; and

WHEREAS, on October 30, 2000, the Planning Commission conducted a duly noticed public hearing, considered public comments and passed Resolution 00-77 recommending approval of the proposed Agricultural Enterprise Program to the City Council; and

WHEREAS, this action has been reviewed per the California Environmental Quality Act (CEQA). Pursuant to Section 15061(a)(3) of CEQA this activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In addition, pursuant to Sections 15168(c) and 15162 of the CEQA Guidelines, the project is within the scope of development evaluated in the 1993 Brentwood General Plan Program EIR. No substantial changes have occurred to the circumstances under which that EIR was certified and no new information, which was not known and could not have been known at the time that the EIR was certified as complete, has become available relating to the environmental effects of this project. Therefore, the Program EIR for the 1993 General Plan is adequate for the approval relating to the project; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger Dispatch on November 4, 2000, according to City policies and Government Code Section 65091; and

WHEREAS, the City Council held a public hearing on the proposed amendment on November 14, 2000, for the purpose of reviewing the Advisory Committee’s Final Report, the draft ordinance, and the Planning Commission, Neighborhood Committee and staff recommendations; and

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

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

This amendment is consistent with the General Plan and other applicable City plans, and is appropriate to the public interest, in that it will help implement several General Plan Policies by supporting the preservation of productive agricultural lands and the retention of the agricultural industry in the Brentwood vicinity which produces food, jobs, and a rural character which helps distinguish Brentwood from other communities within the San Francisco Bay Area region.

NOW, THEREFORE, the City Council of the City of Brentwood ordains as follows:

SECTION1. The Brentwood Agricultural Advisory Committee Agricultural Enterprise Program Final Report, October 11, 2000 as amended by the Planning Commission, and attached as Exhibit “A” is hereby adopted.

SECTION 2. Chapter 17.730 relating to Agricultural Land Conservation is hereby added to the Brentwood Municipal Code as follows:

Chapter 17.730

AGRICULTURAL LAND CONSERVATION

17.730.010 Purpose and Findings
17.730.020 Definitions
17.730.030 Agricultural Land Mitigation Requirements
17.730.040 Procedure For Establishment of Agricultural Credit
17.703.050 Eligible Lands To Satisfy Agricultural Land Mitigation Requirements
17.730.060 Requirements of Easements or Other Instruments 
17.730.070 Procedure For Transfer of Agricultural Credits
17.730.080 City of Brentwood Farmland Conservation Program Advisory 
Committee
17.730.090 Formation of Local Land Trust
17.730.100 Monitoring
17.730.110 Violations and Enforcement
17.730.120 Precedence

17.730.010 Purpose and Findings

The purpose of this chapter is to implement the agricultural enterprise land conservation policies contained in the Brentwood General Plan with a program designed to protect and conserve agricultural lands located within or adjacent to the Brentwood Planning Area. This includes mitigating the loss of productive agricultural lands converted for urban uses within the City by permanently protecting agricultural lands planned for agricultural use, by working with farmers who voluntarily wish to place conservation easements on their land with fair compensation for such easements, and permitting a transfer of agricultural credits (TAC) from “agricultural donor parcels” within the TAC target area to “receiver parcels.”

The City Council finds this chapter is necessary for the following reasons: (1) to benefit the local economy and provide jobs; (2) East Contra Costa County farmland is of highly productive quality; (3) the City is surrounded by productive farmland on the north, east and south sides; (4) the continuation of agricultural operations preserves the existing landscape, environmental and aesthetic resources of the area; (5) the Brentwood General Plan sets forth policies to preserve productive farmland, including the development of a program to secure permanent agriculture on lands designated for agriculture in the City and/or county General Plan; (6) California is losing farmland at a rapid rate; (7) loss of agricultural land is consistently determined to be a significant impact under the California Environmental Quality Act (CEQA) in development projects; (8) loss of farmland to development is irreparable and agriculture is an important component of the region's economy and rural community character; and (9) losing agricultural land will have a cumulatively negative impact on air quality, traffic, noise, public services demands, and aesthetics in the City and in the County of Contra Costa.

It is the policy of the City to work cooperatively with Contra Costa County to preserve agricultural land within or adjacent to Brentwood Planning Area, beyond that land deemed necessary for development. It is further the policy of the City to protect and conserve agricultural land in its vicinity, especially in its Agricultural Conservation Area and Contra Costa County Core Agricultural Area south and east of the City’s boundary. 

176.730.020 Definitions

“Transferable Agricultural Credit” means a potential transferable credit to construct dwelling unit(s) in a City residential zoning district, which can only be exercised when the agricultural credit has been transferred pursuant to the provisions of this section from a donor to a receiver parcel and all other legal requirements are fulfilled.

“Agricultural Donor Parcel” means a parcel of agricultural land from which agricultural credits are transferred

“Agricultural Enterprise Advisory Committee” means a committee appointed by the City Council to assist with the implementation of the City’s Agricultural Enterprise Program and evaluate the effect of City policies on local growers and agricultural land owners.

“Agricultural Land or Farmland” for the purposes of this chapter shall mean those land areas of the County specifically designated as Agricultural Core (AC) or Agricultural Lands (AL) as defined in the Contra Costa General Plan; those land areas near the City designated as Agricultural Conservation (AC) as defined in the Brentwood General Plan; and/or other lands upon which agricultural activities, uses, operations or facilities exist or could exist at the time of adoption of this ordinance that contain Class I, II, III or IV soils as defined by Natural Resource Conservation Service.

“Agricultural Mitigation Land” means agricultural land encumbered by a farmland deed restriction, a farmland conservation easement or such other conservation mechanism acceptable to the City.

“Agricultural Operation” means normal and customary farming and agricultural activities which may occur during any 24-hour period of the day. Normal and customary farming and agricultural activities include, but are not limited to, the cultivation and tillage of the soil, the production, irrigation, cultivation, growing, harvesting, and processing of any agricultural commodity for wholesale or retail markets, including viticulture, horticulture, the keeping and raising of livestock, fur bearing animals, fish or poultry, and any commercial agricultural practices performed as incident to or in conjunction with such activities including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

“Farmland Conservation Easement” means an easement over agricultural land for the purpose of restricting its use to agriculture. The interest granted pursuant to a farmland conservation easement is an interest in land which is less than fee simple. Farmland conservation easements shall be permanent [unless specified as a Term Easement as defined within this section].

“Farmland Deed Restriction” means a recorded deed restriction, covenant or condition which precludes the use of the agricultural land subject to the restriction for any nonagricultural purposes, use, operation or activity. The deed restriction shall provide that the land subject to the restriction will permanently remain agricultural land unless specified as a Term Easement as defined in this section.

“Qualifying Entity” means a nonprofit public benefit 501(c)3 corporation operating in Contra Costa County for the purpose of conserving and protecting land in its natural, rural or agricultural condition. The following entities currently are qualifying entities: Contra Costa Land Trust, John Muir Heritage Land Trust and American Farmland Trust. Other entities may be approved by the City Council from time to time. 

“Receiver Parcel” means a residentially zoned parcel to which agricultural credits are transferred.

17.730.030 Agricultural Land Mitigation Requirements

In order to mitigate and offset the loss of valuable farmland resources, the City shall require agricultural land mitigation by any applicant for a subdivision or any other discretionary land use entitlement which will permanently change agricultural land over one acre in size within the City’s jurisdiction to any nonagricultural use.

Agricultural land mitigation shall be satisfied by one of the following mechanisms:

(1) Granting a farmland conservation easement, a farmland deed restriction or other farmland conservation mechanism (including fee title purchase by the City or qualifying entity) to or for the benefit of the City and/or a qualifying entity approved by the City on lands deemed acceptable by the City. The mitigation shall be required for agricultural land that is permanently converted to an urban use, including any portion of the land used for park and recreation purposes, on a one to one land area ratio; or

(2) By payment of an in lieu fee based upon a formula for a one to one land area ratio. The fee shall be established by City Council resolution and shall be reviewed and adjusted periodically to ensure that the fee is adequate to offset the cost of purchasing farmland conservation easements on a one to one ratio. The fee shall be fixed for a 36 month period after enactment of this ordinance. Thereafter the fee may be adjusted annually but may not be increased by more than ten percent during any twelve month period. For non-residential projects, that the City Council determines are important for economic development purposes, some or all of the mitigation requirements of this chapter may be waived. 

The in lieu fee, paid to the City, shall be placed in a trust account and used solely for farmland mitigation purposes. The interest from funds in this account shall also be used for farmland protection purposes. A limited portion, not to exceed 5 percent of the fees collected, may be used by the City or City–approved qualifying entity for administrative costs associated with establishing, monitoring, and managing farmland conservation easements.



17.730.040 Procedure For Establishment of Transferable Agricultural Credits

Transferable agricultural credits are eligible to be allocated to the property owners of record of agricultural land within the approximately 2,000 acre portion of the established Contra Costa County Agricultural Core Area, in effect on the date of adoption of this ordinance, that is bounded by Marsh Creek on the west, the East Contra Costa Irrigation District Main Canal on the north, Sellers Avenue on the east, and Marsh Creek Road on the south. This area consists of donor parcels and is identified in Exhibit 1 which is hereby attached and made part of this ordinance.

Transferable agricultural credits shall run with the land. Existing agricultural parcels in the subject area, and over an acre in size are eligible to transfer two credits for each acre of agricultural land which is placed in a permanent conservation easement. In the calculation of agricultural credits, a fraction which is 0.5 or larger shall be considered a full agricultural credit.

17.730.050 Eligible Lands To Satisfy Agricultural Land Mitigation Requirements

The following minimum criteria shall be met for a property to be eligible for placement in an agricultural conservation easement or satisfy agricultural land mitigation requirements identified within this chapter:

▪ The property shall have adequate water supply to support the historic agricultural use on the land. The water supply for the land shall be protected in the farmland conservation easement, the farmland deed restriction or other document evidencing the agricultural mitigation; or 

▪ The property is of adequate size, configuration and location to be viable for continued agricultural use. 

In addition, a property that meets any or all of the following criteria can be considered as agricultural mitigation land:

▪ The mitigation land is located along a roadway and contains unique visual values;

▪ The mitigation land is not strategically located for other economic development purposes;

▪ The mitigation land is contiguous with other areas sought for agricultural protection; and 

▪ The mitigation land provides open space and wildlife habitat values.

The lands to be conserved are to be located in the following areas: 

§ First priority will be given to the Brentwood Agricultural Conservation Area as defined on the Brentwood General Plan Land Use Map. 

§ Lands to be conserved may also be located in the following areas: the Contra Costa County Agricultural Core lands as defined on the Contra Costa County General Plan Urban Limit Line Map. 

§ Agricultural land within the City limits that possess unique agricultural, visual, historic or other important values may also be considered. 

Neither of the two circumstances below may exist for a property to be eligible to serve as agricultural mitigation land.

(1) The property is not subject to any easements or physical conditions that legally or practicably precludes modification of the property's land use to a nonagricultural use.

(2) Land previously encumbered by a conservation easement of any nature or kind is not eligible to qualify as agricultural mitigation land.

17.730.060 Requirements of Easements or Other Instruments

To encumber agricultural mitigation land, all owners of the land shall execute the instrument. The instrument shall be in recordable form and contain an accurate legal description setting forth the description of the land. The instrument shall prohibit any activity that substantially impairs or diminishes the agricultural productivity of the land. The instrument shall protect the existing water rights and retain them with the agricultural mitigation land.

The City or a qualifying entity approved by the City shall pay the costs of administering, monitoring and enforcing the instrument. The City shall be a named beneficiary under any instrument conveying the interest in the agricultural mitigation land to a qualifying entity, unless waived by the City Council.

Interests in agricultural mitigation land shall be held in trust by a qualifying entity and/or the City in perpetuity.

If judicial proceedings find that the public interests described in this section of this chapter can no longer reasonably be fulfilled as to an interest acquired, the interest in the agricultural mitigation land may be extinguished through sale and the proceeds shall be used to acquire interests in other agricultural mitigation land in Contra Costa County, as approved by the City and provided in this chapter.

If any qualifying entity owning an interest in agricultural mitigation land ceases to exist, the duty to hold, administer, monitor and enforce the interest shall pass to the City. 

17.730.070 Procedure For Transfer of Agricultural Credits

Agricultural credits may be transferred to any residential zone within the City. Approval by the City must be based on findings that the transfer is consistent with the General Plan and provides for the permanent conservation of the donor parcel as farmland. The transfer of agricultural credits shall be authorized as part of a development agreement and shall be subject to all City policies, regulations and codes, including the requirement to obtain development entitlements for the receiver parcel. A development agreement application shall include both the donor and receiver parcel.

When agricultural credits are transferred from a donor site, the corresponding acreage generating the transferred credits shall be maintained as farmland subject to conditions specified in the farmland conservation easement deed restriction. Partial transfer of allocated credits for donor parcels may be allowed and any remaining credit allocation balance shall be monitored until all credits are transferred.

The number of agricultural credits which may be transferred to a receiver parcel shall not exceed the maximum density range specified in the General Plan.

The City Council may adopt rules and procedures it considers necessary to implement these provisions to facilitate the transfer of allowable development. Such rules and procedures shall be adopted by resolution.

17.730.080 City of Brentwood Agricultural Enterprise Program Advisory Committee

The City Council should consider creating an Agricultural Enterprise Advisory Committee to advise the Council on how City policy affects local growers and landowners. 

17.730.090 Formation of Local Land Trust 

A new local land trust should be formed pursuant to Sections 1.12, 1.13, 1.14, 1.15 and any other relevant Sections of the Agricultural Advisory Committee Final Report, dated October 11, 2000.

17.730.100 Monitoring

Annually, beginning one year after the adoption of this article, the Community Development Director shall provide to the Advisory Committee an annual report delineating the activities undertaken pursuant to the requirements of this chapter and an assessment of these activities. The report shall list and report on the status of all lands and easements acquired under this chapter.

A status report shall be filed annually for each conservation easement held by the City or qualifying entity. The status report will indicate the percent of the land under the easement, any changes in the use of the land during the year, a set of ground photos and/or aerial photos documenting the property, and any violations, enforcement actions or other events during the year.

17.730.110 Violations and Enforcement

Any person or entity who violates any provision of this chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be punished by a fine not exceeding the maximum prescribed by law. In addition, any person or entity who violates any provision this article shall be liable to the transferee of the property for actual damages. In an action to enforce such liability or fine, the prevailing party shall be awarded reasonable attorneys' fees. 

17.730.120 Precedence

This chapter shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith. 

SECTION 3. This Ordinance shall take effect and be in force thirty (30) days following its adoption and, prior to the expiration of fifteen (15) days after its adoption, it shall be published once with the names of the council members voting for and against it in a newspaper of general circulation, available in the City of Brentwood.

SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision. 

SECTION 5. Any judicial review of this Ordinance shall be by writ of mandate under Code of Civil Procedure 1085. Any action or proceeding seeking to attack, review, set aside, void or annul this ordinance shall be commenced within 90 days after the adoption of this Ordinance.

SECTION 6. This Ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing the ordinance in accordance with that law. Further, the City Clerk is directed to cause Section 2 of this Ordinance to be entered in the Brentwood Municipal Code.

SECTION 7. In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THIS ORDINANCE was introduced with first reading waived at a regular meeting of the Brentwood City Council on the 14th day of November, 2000, and adopted at a regular meeting of the Brentwood City Council the 28th day of November,2000 by the following vote: 

AYES:
NOES:
ABSTENTIONS:
ABSENT:

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