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

4. CONSERVATION AND OPEN SPACE
Brentwood General Plan 4-9
Policy COS 6-7: Review new development projects and work in conjunction with the California Historical Resources Information System to determine whether project areas contain known archaeological resources, either prehistoric and/or historic-era, or have the potential for such resources.

Policy COS 6-8: Ensure that human remains are treated with sensitivity and dignity, and ensure compliance with the provisions of California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097.98.

Policy COS 6-9: Consistent with State, local, and tribal intergovernmental consultation requirements such as SB 18, the City shall consult as necessary with Native American tribes that may be interested in proposed new development and land use policy changes.

Actions in Support of Goal COS 6
Action COS 6a: Explore the development of an historic Brentwood program to identify historic resources, encourage landowners to voluntarily preserve and rehabilitate historical structures, and provide a coordinated approach to draw visitors and tourists to these areas.

Action COS 6b: Develop guidelines for remodels of potentially historic residential structures to ensure that the character and individuality of such residences is maintained. The guidelines should address:

1. Design styles, age of home, and other criteria to determine applicability of the guidelines;

2. Exterior features that are important and covered by the guidelines (e.g., siding and exterior finishes, windows, doors, roofs, porches, garages, outbuildings, and streetscapes);

3. Standards for modifications and renovation, including the extent of changes that can occur; and

4. Activities that are exempt from the guidelines, such as interior improvements and routine maintenance and repair.

Action COS 6c: Collaborate with the Chamber of Commerce and other interested community groups to support and promote community festivals and events.

Action COS 6d: Require a cultural and archaeological survey prior to approval of any project which would require excavation in an area that is sensitive for cultural or archaeological resources. If significant cultural or archaeological resources, including historic and prehistoric resources, are identified, appropriate measures shall be implemented, such as documentation and conservation, to reduce adverse impacts to the resource.

Action COS 6e: Require all new development, infrastructure, and other ground-disturbing projects to comply with the following conditions in the event of an inadvertent discovery of cultural resources or human remains:

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4. CONSERVATION AND OPEN SPACE
4-10 Brentwood General Plan

1. If construction or grading activities result in the discovery of significant historic or prehistoric archaeological artifacts or unique paleontological resources, all work within 100 feet of the discovery shall cease, the Community Development Director shall be notified, the resources shall be examined by a qualified archaeologist, paleontologist, or historian for appropriate protection and preservation measures; and work may only resume when appropriate protections are in place and have been approved by the Community Development Director; and

2. If human remains are discovered during any ground disturbing activity, work shall stop until the Community Development Director and the Contra Costa County Coroner have been contacted; if the human remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) and the most likely descendants have been consulted; and work may only resume when appropriate measures have been taken and approved by the Community Development Director.

Goal COS 7 Protect hillsides and ridgelines from visual impacts and erosion

Policy COS 7-1: Protect Brentwood’s ridgelines (hilltops and steep hillsides) from erosion, slope failure, and development.

Policy COS 7-2: Preserve the topography of Brentwood’s hills by discouraging unnecessary leveling/grading activities prior to site-building on hillsides where development is permitted.

Policy COS 7-3: Preserve and protect prominent community views of scenic resources, including Mount Diablo, local hills and ridgelines, and open space areas surrounding Brentwood, and consider community visual access and view corridors when reviewing development proposals.

Policy COS 7-4: Discourage development on hillsides and ridgelines where structures would interrupt the skyline.

Actions in Support of Goal COS 7
Action COS 7a: Require assessment of critical public views and ridgelines as part of the project review process in order to ensure that projects protect natural resources through proper site planning, building design, and landscaping.

Action COS 7b: Develop and adopt a hillside grading and development ordinance. The ordinance should include standards for slope stability, building heights, lot coverage, ridgeline and site line protection, drainage, revegetation, erosion control, emergency vehicle access, and other standards determined to be applicable by the City.

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4. CONSERVATION AND OPEN SPACE
Brentwood General Plan 4-11
Goal COS 8 Reduce air pollutants and greenhouse gas (GHG) emissions

Policy COS 8-1: Improve air quality through continuing to require a development pattern that focuses growth in and around existing urbanized areas, locating new housing near places of employment, encouraging alternative modes of transportation, and requiring projects to mitigate significant air quality impacts.

Policy COS 8-2: Minimize exposure of sensitive receptors to concentrations of air pollutant emissions and toxic air contaminants.

Policy COS 8-3: Require discretionary projects involving sensitive receptors such as children, the elderly, or people with illnesses that are proposed within 500 feet of the State Route 4 corridor to include an analysis of mobile source toxic air contaminant health risks. The analysis, if necessary, shall identify feasible mitigation measures to reduce health risks to acceptable levels.

Policy COS 8-4: Encourage new development or significant remodels to install fireplaces, wood stoves, and/or heaters which meet Bay Area Air Quality Management District (BAAQMD) standards.

Policy COS 8-5: Continue to require all construction projects and ground disturbing activities to implement BAAQMD dust control and abatement measures.

Policy COS 8-6: Support the development and implementation of a GHG reduction plan, or Climate Action Plan, that addresses and reduces GHG emissions associated with community operations, including but not limited to, mobile sources (vehicle traffic), energy consumption, and solid waste.

Policy COS 8-7: Coordinate with Contra Costa County and nearby cities to implement regional GHG reduction plans and consolidate efforts to reduce GHGs throughout the county.

Policy COS 8-8: Encourage local businesses and industries to engage in voluntary efforts to reduce GHG emissions and energy consumption.

Policy COS 8-9: Preserve, protect, and enhance, as appropriate, the City’s carbon sequestration resources, also referred to as “carbon sinks,” to improve air quality and reduce net carbon emissions.

Policy COS 8-10: Encourage public transit, ridesharing and van pooling, shortened and combined motor vehicle trips to work and services, use of bicycles, and walking. Minimize single passenger motor vehicle use.

Policy COS 8-11: Encourage new construction to incorporate passive solar features.

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4. CONSERVATION AND OPEN SPACE
4-12 Brentwood General Plan
Actions in Support of Goal COS 8
Action COS 8a: Review all new industrial and commercial development projects for potential air quality impacts to residences and other sensitive receptors.

The City shall ensure that mitigation measures and best management practices are implemented to reduce significant emissions of criteria pollutants.

Action COS 8b: Review development, infrastructure, and planning projects for consistency with BAAQMD requirements during the CEQA review process. Require project applicants to prepare air quality analyses to address BAAQMD and General Plan requirements, which include analysis and identification of:

1. Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions;

2. Potential exposure of sensitive receptors to toxic air contaminants;

3. Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions; and

4. Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where impacts cannot be mitigated to less than significant.

Action COS 8c: Prepare and adopt a Climate Action Plan. The Climate Action Plan should include the following components:

1. A baseline greenhouse gas (GHG) emissions inventory;

2. An adopted GHG emissions reduction target of at least 15% below the business-as-usual projections by 2020;

3. GHG reductions measures that apply to community wide operations, City operations, and future development projects; and

4. An implementation and monitoring program.

Action COS 8d: Work with Contra Costa County and the Bay Area Air Quality Management District to implement programs aimed at improving regional air quality.

Action COS 8e: Adequate buffers between new industrial uses and sensitive receptors shall be required to avoid potential air quality and nuisance impacts.

Action COS 8f: Provide a conservation page (or similar page) on the City’s website that provides links to resource agencies (i.e., CARB, BAAWMD, EPA, etc.) and provides information regarding local and regional conservation and environmental programs, to the extent that the City has readily available information, including methods for pollution prevention such as reduced air pollutant and greenhouse gas emissions through use of alternative forms of transportation (i.e., bicycling, pedestrian, transit), through reducing woodburning activities using EPA-certified wood-burning devices, etc.

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4. CONSERVATION AND OPEN SPACE
Brentwood General Plan 4-13
Goal COS 9 Promote conservation of energy and other natural resources

Policy COS 9-1: Require all new public and privately constructed buildings to meet and comply with the most current “green” development standards in the California Code of Regulations (CCR), Title 24.

Policy COS 9-2: Support innovative and green building best management practices including, but not limited to, LEED certification for all new development, and encourage project applicants to exceed the most current “green” development standards in the California Code of Regulations (CCR), Title 24, if feasible.

Policy COS 9-3: Promote the use of alternative energy sources in new development.

Policy COS 9-4: Incorporate innovative green building techniques and best management practices in the site design, construction, and renovation of all public projects.

Policy COS 9-5: Promote water conservation among water users.

Policy COS 9-6: Continue to require new development to incorporate water efficient fixtures into design and construction.

Policy COS 9-7: Promote the use of reclaimed water and other non-potable water sources.

Policy COS 9-8: Encourage large-scale developments and golf course developments to incorporate dual water systems.

Policy COS 9-9: Encourage and support the use of drought-tolerant and regionally native plants in landscaping.

Policy COS 9-10: Ensure that the layout and design of new development and significant remodels encourages the use of transportation modes other than automobiles and trucks.

Policy COS 9-11: Continue the citywide recycling program and actively encourage recycling.

Policy COS 9-12: Continue efforts to reduce solid waste generation throughout the life of the General Plan.

Policy COS 9-13: Continue to encourage and support the use of bicycles as an alternative means of transportation.

LEED
LEED, or Leadership in
Energy and
Environmental Design,
is an internationallyrecognized green
building certification
system.

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4. CONSERVATION AND OPEN SPACE
4-14 Brentwood General Plan

Actions in Support of Goal COS 9
Action COS 9a: Continue to review development projects to ensure that all new public and private development complies with the California Code of Regulations (CCR), Title 24 standards as well as the energy efficiency standards established by the General Plan and the Brentwood Municipal Code.

Action COS 9b: Connect residents and businesses with programs that provide free or lowcost energy efficiency audits and retrofits to existing buildings.

Action COS 9c: Explore amending the Brentwood Municipal Code to incentivize the use of small-scale renewable energy facilities and, where appropriate, to remove impediments to such uses.

Action COS 9d: Develop and provide incentives to developers and businesses that use reclaimed water and other non-potable water for landscaping.

Action COS 9e: Continue to implement Chapter 17.630 of the Brentwood Municipal Code, particularly as it relates to water conservation efforts.

Action COS 9f: Provide a conservation page (or similar page) on the City’s website that provides links to resource agencies and provides information regarding local and regional conservation and environmental programs, to the extent that the City has readily available information, including recycling guidance for single family residences, businesses, and apartments, opportunities for reuse of materials, a description of how to compost, and a description of methods to reduce water use, such as appropriate reuse and recycling of water, water conservation measures, and xeriscaping.

Action COS 9g: Develop a list of drought-tolerant and native plants appropriate for use in Brentwood and review development projects for adherence to this list.

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(SORTED BY PRIORITY LEVEL) 12. IMPLEMENTATION
Brentwood General Plan 12-1
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
Action COS 1b: Adopt an ordinance that specifies standards and responsibilities for the maintenance of private open space lands within the city limits. The standards should include provisions for public access, habitat management, water quality protection, safety, and aesthetics.

Community
Development
Department
A Not started
This action would include a collaborative
effort between departments, and a
significant amount of staff time to draft the
ordinance and take it through the adoption
process. Estimated total staff time = 30
hours.

Action COS 1c: Implement a coordinated and cost-effective plan for City management and maintenance of publicly-owned open space within the city limits.

Public Works
Department A Implemented
New developments are required to annex
into Landscape and Lighting Assessment
Districts and Community Facilities Districts
that provide funding towards the operation
and maintenance of newly created publiclyowned open space.

Action COS 2c: Amend Title 17 (Zoning) of the Brentwood Municipal Code to include specific agricultural buffer requirements for residential and sensitive land uses (i.e., schools, day care facilities, and medical facilities) that are proposed near existing agricultural lands in order to protect the associated agricultural operations from encroachment by incompatible uses. Buffers shall generally be defined as a physical separation, depending on the land use, and may consist of topographic features, roadways, bike/pedestrian paths, greenbelts, water courses, or similar features. The buffer shall occur on the parcel for which a permit is sought and shall favor protection of the maximum amount of agricultural land.

Action COS 3c: Develop CEQA Thresholds of Significance to assist staff, project applicants, and decision-makers in determining whether a project may have a significant effect on the environment under Section 21082.2 of the California Environmental Quality Act (CEQA).

Community
Development
Department
A Not started
This action would include a collaborative
effort between departments (and
potentially outside legal counsel), and a
significant amount of staff time to draft the
ordinance and take it through the adoption
process. Estimated total staff time = 60
hours.

Action COS 4a: Coordinate with interested public and private entities to create new and expanded public access trails along creeks and streams that connect to parks and open space areas within Brentwood’s Planning Area.

Parks and
Recreation
Department
A Implemented
Parks Planning staff continually works with
project developers and other public
agencies to identify and secure
opportunities for trail connectivity
throughout the City’s entire system of parks,
trails, and open space. Staff also serves as
the City representative engaged with the
County, EBRPD, the Delta Protection
Commission, and Rails to Trails on other
regional trail projects.

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12. IMPLEMENTATION
12-2 Brentwood General Plan
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
Action COS 4f: Explore revising Title 17 (Zoning) of the Brentwood Municipal Code to include standards for creek setbacks and the protection of riparian habitat along creek corridors. The standards should include minimum setback requirements, site design standards, and requirements for the ongoing maintenance of creek and riparian habitat on public and private lands. Community
Development
Department
A Not started
This action was scheduled to be included
with the comprehensive Zoning Ordinance
Update, and could be included in a more
focused update if authorized by the Council.

It would include a collaborative effort
between departments (as well as the
Habitat Conservancy), and a significant
amount of staff time to draft the ordinance
and take it through the adoption process.

Estimated total staff time = 40 hours.

Action COS 4i: Provide a conservation page (or similar page) on the City’s website that provides links to resource agencies (i.e., CDFW, USFWS, USACE, etc.) and provides information regarding local and regional conservation and environmental programs, to the extent that the City has readily available information.

Community
Development
Department
A Incomplete
There are links to the Habitat Conservancy
and the California Farmland Trust, but not to
the other resource agencies. Staff is in the
process of a comprehensive update to the
City’s website, and this page can be created
as part of that effort. Estimated total staff
time = 4 hours.

Action COS 8c: Prepare and adopt a Climate Action Plan. The Climate Action Plan should include the following components:

1. A baseline greenhouse gas (GHG) emissions inventory

2. An adopted GHG emissions reduction target of at least 15% below the businessas-usual projections by 2020

3. GHG reductions measures that apply to community wide operations, City operations, and future development projects

4. An implementation and monitoring program
Community
Development
Department
A Not started
A Climate Action Plan was proposed as an
optional component of the Housing Element
Update work program in October 2021, but
was ultimately removed with the
understanding that it would be prepared by
a consultant as a stand-alone item at some
point in the future. Estimated cost =
$150,000.

Action COS 8f: Provide a conservation page (or similar page) on the City’s website that provides links to resource agencies (i.e., CARB, BAAWMD, EPA, etc.) and provides information regarding local and regional conservation and environmental programs, to the extent that the City has readily available information, including methods for pollution prevention such as reduced air pollutant and greenhouse gas emissions through use of alternative forms of transportation (i.e., bicycling, pedestrian, transit), through reducing wood-burning activities using EPA-certified wood-burning devices, etc.

Community
Development
Department
A Not started
There is a link to the Habitat Conservancy
but not to the other resource agencies. Staff
is in the process of a comprehensive update
to the City’s website, and this page can be
created as part of that effort. Estimated
total staff time = 4 hours.

Action COS 9b: Connect residents and businesses with programs that provide free or low-cost energy efficiency audits and retrofits to existing buildings.

Community
Development
Department
A Implemented
Staff directs businesses to PG&E and
residents to MCE/PG&E.

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(SORTED BY PRIORITY LEVEL) 12. IMPLEMENTATION
Brentwood General Plan 12-3
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
Action COS 9c: Explore amending the Brentwood Municipal Code to incentivize the use of small-scale renewable energy facilities and, where appropriate, to remove impediments to such uses.

Community
Development
Department
A Not started
This action was scheduled to be included
with the comprehensive Zoning Ordinance
Update, and could be included in a more
focused update if authorized by the Council.

It would include a collaborative effort
between departments and a relatively
significant amount of staff time to draft the
ordinance and take it through the adoption
process. Estimated total staff time = 20
hours.

Community
Development
Department
A Incomplete
This item is essentially complete, although
not all of the information is contained on a
single page. As referenced with Action COS
4i and Action COS 8f, this item can be
completed as part of the City’s
comprehensive update to the website.

Estimated total staff time = 4 hours.

Action COS 9g: Develop a list of drought-tolerant and native plants appropriate for use in Brentwood and review development projects for adherence to this list.

Public Works
Department A Implemented
New development and retrofitted landscape
water efficiency standards are governed by
the State’s adopted Model Water Efficient
Landscape Ordinance (MWELO), with the
purpose of increasing water efficiency in all
newly installed landscaping. Staff continues
to work on creating a list of drought-tolerant
native plants. Estimated total staff time = 20
hours.

Action COS 2d: Collaborate with water suppliers and wastewater treatment plant operators to increase the availability of treated or recycled water for agricultural purposes.

Public Works
Department B Implemented
The higher salinity content of recycled water
prohibits its use with certain crops, so
agricultural options are limited. In addition,
readily available raw water from the East
Contra Costa Irrigation District (ECCID) is
cheaper than recycled water. Staff
continues to operate and expand the
existing recycled water system such that
recycled water is available to any agriculture
uses within the city limits.

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12. IMPLEMENTATION
12-4 Brentwood General Plan
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
Action COS 2e: Work with Contra Costa County to establish and implement consistent policies for agricultural lands in Brentwood's Planning Area that prioritize the preservation of agricultural lands and support ongoing agricultural activities.

Community
Development
Department
B In progress
Staff has worked with the County on an
individual project basis since the General
Plan was updated in 2014, but not
comprehensively as suggested. The County
presented recommendations for
Agricultural Land Use Policies in February
2020 following a series of public workshops
held by the Department of Conservation and
Development.

Action COS 2i: Develop a program to provide additional support for agricultural tourism, u-pick farms, and other agricultural activities that serve as a regional draw to Brentwood and enhance its agricultural heritage.

Community
Development
Department
B Implemented
The Agricultural Enterprise Business
Program was created to use agricultural
mitigation fees to support agri-tourism in
the County’s agricultural core and within the
city limits. The City Council has approved
recent actions relating to agri-tourism
marketing and agricultural heritage, and
supporting partner organizations. Efforts
are ongoing.

Action COS 4d: Coordinate with the California Department of Fish and Wildlife, Contra Costa County, and local watershed protection groups to identify potentially impacted aquatic habitat within Brentwood’s Planning Area and to develop riparian management guidelines to be implemented by development, recreation, and other projects adjacent to creeks, streams, and other waterways.

Community
Development
Department
B In progress
Staff regularly contacts these groups during
the review of development projects. The
City is also a participating agency in the
regional Habitat Conservation Plan, which
includes specific requirements and
mitigation for development adjacent to
creeks. Estimated total staff time = 16
hours.

Action COS 4g: Update the Creek Trails and Revegetation Master Plan. Solicit public input during the preparation of the update, and include outreach efforts to community organizations with knowledge of and interest in key issues associated with local creeks, trails, and habitat restoration.

Parks and
Recreation
Department
B Not started
While this has not been started by the City,
many of the creeks within the city limits are
the jurisdiction of CCCFCD and/or the ECCC
HCP/NCCP, and those entities have
revegetation plans. They also monitor
restoration efforts and provide for
community outreach.

Community
Development
Department
B Not started
The City is a participating agency in the
regional Habitat Conservation Plan, which
includes specific requirements and
mitigation for development adjacent to
creeks. The City can leverage resources at

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(SORTED BY PRIORITY LEVEL) 12. IMPLEMENTATION
Brentwood General Plan 12-5
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
the East Contra Costa Historical Society,
John Marsh Historic Trust, and Downtown
Brentwood Coalition focused on historical
preservation and promotion. Estimated
total staff time = 80 hours. Estimated total
cost for identification and tourism
promotion = $50,000.

Action COS 6b: Develop guidelines for remodels of potentially historic residential structures to ensure that the character and individuality of such residences is maintained.

The guidelines should address:

1. Design styles, age of home, and other criteria to determine applicability of the guidelines.

2. Exterior features that are important and covered by the guidelines (e.g., siding and exterior finishes, windows, doors, roofs, porches, garages, outbuildings, and streetscapes).

3. Standards for modifications and renovation, including the extent of changes that can occur.

4. Activities that are exempt from the guidelines, such as interior improvements and routine maintenance and repair.

Community
Development
Department
B Not started
This action would include a significant
amount of staff time (and potentially a
consultant). Estimated total staff time = 80
hours. Estimated consultant cost = $25,000-
$50,000.

Action COS 7b: Develop and adopt a hillside grading and development ordinance.

The ordinance should include standards for slope stability, building heights, lot coverage, ridgeline and site line protection, drainage, revegetation, erosion control, emergency vehicle access, and other standards determined to be applicable by the City.

Community
Development
Department
B Not started
This action would include a collaborative
effort between departments and a
significant amount of staff time (and
potentially a consultant) to draft the
ordinance and take it through the adoption
process. Estimated total staff time = 60
hours. Estimated consultant cost = $25,000.

Action COS 9d: Develop and provide incentives to developers and businesses that use reclaimed water and other non-potable water for landscaping.

Community
Development
Department
B Not started
Inherent benefits to developers and
businesses to utilize reclaimed water include
cheaper water, less sewer fees, and no
connection fees. Actions to develop and
provide incentives would include a
collaborative effort between departments.

Estimated staff time = 80 hours. Estimated
consultant cost = $30,000.

Action COS 5c: Identify and evaluate areas within Brentwood’s Planning Area with potential resource value, including oil, gas, sand, and gravel.

Community
Development
Department
C Not started
This action would include a collaborative
effort between departments and a
significant amount of staff time (and

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12. IMPLEMENTATION
12-6 Brentwood General Plan
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
potentially a consultant) to complete.

Estimated total staff time = 40 hours.

Estimated consultant cost = $25,000.

Action COS 1a: Review all development proposals involving unincorporated land within the jurisdiction of Contra Costa County, and within or adjacent to the Sphere of Influence or Planning Area, to ensure adequate preservation of community separators and open space resources. Community
Development
Department
Ongoing Implemented
Staff regularly receives notice of
development proposals from Contra Costa
County and provides comments as
appropriate, including those related to
preservation of separators and open space.

There is no cost associated with this item
other than staff time spent reviewing and
responding to proposals.

Action COS 2a: Continue to implement Chapter 8.01 (Right to Farm) of the Brentwood Municipal Code in order to protect farming uses from encroaching urban uses and to notify potential homebuyers of nearby agricultural operations. Community Development
Department
Ongoing Implemented
Staff continues to implement this chapter of
the Municipal Code, including annual
publication of the disclosure notice. There is
no cost associated with this item other than
minimal staff time and publication of the
notice.

Action COS 2b: Consider impacts to agricultural lands and agricultural productivity when reviewing new development projects, amendments to the General Plan, and rezoning applications.

Community
Development
Department
Ongoing Implemented
Staff regularly considers these impacts when
reviewing applications. There is no cost
associated with this item other than staff
time spent reviewing applications.

Action COS 2f: Continue to implement, and periodically review/update as necessary, Chapter 17.730 (Agricultural Preservation Program) of the Brentwood Municipal Code.

Community
Development
Department
Ongoing In progress
Staff continues to implement this chapter of
the Municipal Code, including the payment
of applicable mitigation fees for
development projects. It has not been
updated since 2010. Any update would
involve staff time, dependent on the nature
and scope of the update as directed by the
Council.

Action COS 2g: Continue to implement the Agricultural Enterprise Implementation Plan to assist local farmers with a variety of programs that facilitate infrastructure improvements, business ventures, and other initiatives to grow the agricultural industry in and around Brentwood.

Community
Development
Department
Ongoing Implemented
Staff continues to implement this plan
through coordination with the Council’s
Agricultural Enterprise Committee. There is
no cost associated with this item, as it is
funded through mitigation fees.

Action COS 2h: Coordinate with groups such as the Agricultural-Natural Resources Trust of Contra Costa County (ANRT), the Brentwood Agricultural Land Trust (BALT), and Harvest Time in Brentwood in order to fund agricultural easements, programs that Community
Development
Department
Ongoing Implemented
Staff continues to coordinate with these
groups through various programs and the
Council’s Agricultural Enterprise Committee.

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(SORTED BY PRIORITY LEVEL) 12. IMPLEMENTATION
Brentwood General Plan 12-7
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
protect agricultural lands, and programs that provide marketing assistance and economic support to local farmers.

There is no cost associated with this item, as
it is funded through mitigation fees.

Action COS 3a: Require new development, as well as infrastructure projects, longrange planning projects, and other projects, to comply with the requirements of the East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan to ensure that potentially significant impacts to special-status species and sensitive resources are adequately addressed
Community
Development
Department
Ongoing Implemented
Staff continues to ensure that all applicable
projects comply with the Habitat
Conservation Plan. This includes
coordination with the Habitat Conservancy
and its staff. There is no cost associated with
this item except for any City sponsored
projects that require compliance and the
payment of any applicable mitigation fees.

Action COS 3b: Where sensitive biological habitats have been identified on or immediately adjacent to a project site, the project shall include appropriate mitigation measures identified by a qualified biologist.

Community
Development
Department
Ongoing Implemented
Staff continues to ensure that all
development projects include proper
mitigation measures through applicable
CEQA documents. There is no cost
associated with this item.

Action COS 4b: Continue to identify which storm water and drainage facilities are in need of repair and address these needs through the City’s Capital Improvement Program. Public Works Department Ongoing Implemented
Staff continues to annually inspect storm
water and maintain drainage facilities
throughout the city. Cleaning and repairs
are performed by staff as needed.

Community
Development
Department
Ongoing Implemented
Staff continues to ensure that wetlands and
riparian habitat are conserved through the
development process. This includes
compliance with the Zoning Ordinance as
well as the Habitat Conservation Plan,
including coordination with the Habitat
Conservancy. There is no cost associated
with this item.

Action COS 4e: Continue to implement, and periodically review/update as necessary, Chapter 15.52 (Grading, Erosion and Sediment Control) of the Brentwood Municipal Code. The City shall review projects to ensure that best management practices are implemented during construction and site grading activities, as well as in project design to reduce pollutant runoff into water bodies.

Community
Development
Department
Ongoing Implemented
Engineering staff continues to implement
this chapter of the Municipal Code through
the respective development and plan check
processes.

Action COS 4h: Encourage volunteer-based programs that organize community creek restoration and/or clean-up events and provide public education regarding the benefits of city and regional water resources.

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12. IMPLEMENTATION
12-8 Brentwood General Plan
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
locations. The Contra Costa Clean Water
Program currently pays for advertisement
and materials to educate the public about
the benefits of preserving regional water
resources.

Action COS 5a: Work with property owners to develop reclamation plans for areas with mineral resources. Community
Development
Department
Ongoing In progress
While this is identified as an ongoing item, it
is not something that staff has dealt with
since the General Plan was updated in 2014.

If the issue is raised, then there will be staff
time spent on a case-by-case basis.

Action COS 5b: Continue to implement, and periodically review/update as necessary, Chapter 17.680 (Oil and Gas Production) of the Brentwood Municipal Code.

Community
Development
Department
Ongoing Implemented
Staff continues to implement this chapter of
the Municipal Code, although it is used very
infrequently. It was last updated in 1998.

There is no cost associated with its
implementation, other than staff time spent
reviewing it for compliance with applicable
development projects.

Action COS 6c: Collaborate with the Chamber of Commerce and other interested community groups to support and promote community festivals and events.

Community
Development
Department
Ongoing Implemented
The City provides annual grant allocations
through the Economic Development Grant
Program for community events, economic
development, and tourism. Costs are paid
through the Business Tax Program with no
impact to the General Fund.

Community
Development
Department
Ongoing Implemented
This continues to be implemented in
conjunction with all applicable development
projects and related CEQA documents.

There is no cost associated with this item, as
staff time spent is covered by applicant
deposit accounts.

1. If construction or grading activities result in the discovery of significant historic or prehistoric archaeological artifacts or unique paleontological resources, all work within 100 feet of the discovery shall cease, the Community Development Director shall be notified, the resources shall be examined by a qualified archaeologist, paleontologist, or historian for appropriate protection and preservation measures; and work may only resume when appropriate Community
Development
Department
Ongoing Implemented
This continues to be implemented in
conjunction with all applicable development
projects and their associated CEQA
documents. There is no cost associated with
this item since staff time spent is covered by
deposit accounts.

Page 734 of 783 ends

(SORTED BY PRIORITY LEVEL) 12. IMPLEMENTATION
Brentwood General Plan 12-9
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
protections are in place and have been approved by the Community Development Director.

Action COS 7a: Require assessment of critical public views and ridgelines as part of the project review process in order to ensure that projects protect natural resources through proper site planning, building design, and landscaping.

Community
Development
Department
Ongoing Implemented
This continues to be implemented on a
project-by-project basis. There is no cost
associated with this item.

Action COS 8a: Review all new industrial and commercial development projects for potential air quality impacts to residences and other sensitive receptors. The City shall ensure that mitigation measures and best management practices are implemented to reduce significant emissions of criteria pollutants.

Community
Development
Department
Ongoing Implemented
This continues to be implemented on a
project-by-project basis and associated
CEQA documents. There is no cost
associated with this item.

1. Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions.

2. Potential exposure of sensitive receptors to toxic air contaminants.

3. Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions.

4. Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where impacts cannot be mitigated to less than significant.

Community
Development
Department
Ongoing Implemented
This continues to be implemented on a
project-by-project basis and associated
CEQA documents. There is no cost
associated with this item.

Action COS 8d: Work with Contra Costa County and the Bay Area Air Quality Management District to implement programs aimed at improving regional air quality. Community Development
Department
Ongoing Implemented
This continues to be implemented on a
project-by-project basis and associated
CEQA documents. There is no cost
associated with this item.

Action COS 8e: Adequate buffers between new industrial uses and sensitive receptors shall be required to avoid potential air quality and nuisance impacts.

Community
Development
Department
Ongoing Implemented
This is ensured through the development
review process. There is no cost associated
with this item.

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12. IMPLEMENTATION
12-10 Brentwood General Plan
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
Action COS 9a: Continue to review development projects to ensure that all new public and private development complies with the California Code of Regulations (CCR), Title 24 standards as well as the energy efficiency standards established by the General Plan and the Brentwood Municipal Code.

Community
Development
Department
Ongoing Implemented
This continues to be implemented through
the development review process. There is
no cost associated with this item.

Action COS 9e: Continue to implement Chapter 17.630 of the Brentwood Municipal Code, particularly as it relates to water conservation efforts. Community Development
Department
Ongoing Implemented
This continues to be implemented for all
development projects, including review of
preliminary landscape plans for projects in
the entitlement process and final landscape
plans for projects in the plan check process.

Page 736 of 783 ends

(SORTED BY RELATIVE EASE OF IMPLEMENTATION) 12. IMPLEMENTATION Brentwood General Plan 12-1
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
Action COS 4i: Provide a conservation page (or similar page) on the City’s website that provides links to resource agencies (i.e., CDFW, USFWS, USACE, etc.) and provides information regarding local and regional conservation and environmental programs, to the extent that the City has readily available information.

Action COS 8f: Provide a conservation page (or similar page) on the City’s website that provides links to resource agencies (i.e., CARB, BAAWMD, EPA, etc.) and provides information regarding local and regional conservation and environmental programs, to the extent that the City has readily available information, including methods for pollution prevention such as reduced air pollutant and greenhouse gas emissions through use of alternative forms of transportation (i.e., bicycling, pedestrian, transit), through reducing wood-burning activities using EPA-certified wood-burning devices, etc.

Estimated total staff time = 4 hours.

If the issue is raised, then there will be staff
time spent on a case-by-case basis.

Page 737 of 783 ends

Action COS 9c: Explore amending the Brentwood Municipal Code to incentivize the use of small-scale renewable energy facilities and, where appropriate, to remove impediments to such uses.

Action COS 1b: Adopt an ordinance that specifies standards and responsibilities for the maintenance of private open space lands within the city limits. The standards should include provisions for public access, habitat management, water quality protection, safety, and aesthetics.

Action COS 4f: Explore revising Title 17 (Zoning) of the Brentwood Municipal Code to include standards for creek setbacks and the protection of riparian habitat along creek corridors. The standards should include minimum setback requirements, site design standards, and requirements for the ongoing maintenance of creek and riparian habitat on public and private lands.

It would include a collaborative effort
between departments (as well as the

Page 738 of 783 ends

(SORTED BY RELATIVE EASE OF IMPLEMENTATION) 12. IMPLEMENTATION Brentwood General Plan 12-3
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
Habitat Conservancy), and a significant
amount of staff time to draft the ordinance
and take it through the adoption process.

Estimated total staff time = 40 hours.

Action COS 2e: Work with Contra Costa County to establish and implement consistent policies for agricultural lands in Brentwood's Planning Area that prioritize the preservation of agricultural lands and support ongoing agricultural activities.

Action COS 2f: Continue to implement, and periodically review/update as necessary, Chapter 17.730 (Agricultural Preservation Program) of the Brentwood Municipal Code.

Action COS 5c: Identify and evaluate areas within Brentwood’s Planning Area with potential resource value, including oil, gas, sand, and gravel.

Community
Development
Department
C Not started
This action would include a collaborative
effort between departments and a
significant amount of staff time (and
potentially a consultant) to complete.

Estimated total staff time = 40 hours.

Estimated consultant cost = $25,000.

Page 739 of 783 ends

Action COS 9d: Develop and provide incentives to developers and businesses that use reclaimed water and other non-potable water for landscaping.

Estimated staff time = 80 hours. Estimated
consultant cost = $30,000.

Action COS 6b: Develop guidelines for remodels of potentially historic residential structures to ensure that the character and individuality of such residences is maintained.

The guidelines should address:

1. Design styles, age of home, and other criteria to determine applicability of the guidelines.

2. Exterior features that are important and covered by the guidelines (e.g., siding and exterior finishes, windows, doors, roofs, porches, garages, outbuildings, and streetscapes).

3. Standards for modifications and renovation, including the extent of changes that can occur.

4. Activities that are exempt from the guidelines, such as interior improvements and routine maintenance and repair.

Action COS 6a: Explore the development of an historic Brentwood program to identify historic resources, encourage landowners to voluntarily preserve and rehabilitate historical structures, and provide a coordinated approach to draw visitors and tourists to these areas. Community
Development
Department
B Not started
The City is a participating agency in the
regional Habitat Conservation Plan, which
includes specific requirements and
mitigation for development adjacent to
creeks. The City can leverage resources at
the East Contra Costa Historical Society,
John Marsh Historic Trust, and Downtown
Brentwood Coalition focused on historical
preservation and promotion. Estimated
total staff time = 80 hours. Estimated total

Page 740 of 783 ends

(SORTED BY RELATIVE EASE OF IMPLEMENTATION) 12. IMPLEMENTATION Brentwood General Plan 12-5
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
cost for identification and tourism
promotion = $50,000.

Action COS 8c: Prepare and adopt a Climate Action Plan. The Climate Action Plan should include the following components:

1. A baseline greenhouse gas (GHG) emissions inventory

2. An adopted GHG emissions reduction target of at least 15% below the businessas-usual projections by 2020

3. GHG reductions measures that apply to community wide operations, City operations, and future development projects

Action COS 1c: Implement a coordinated and cost-effective plan for City management and maintenance of publicly-owned open space within the city limits.

Action COS 9b: Connect residents and businesses with programs that provide free or low-cost energy efficiency audits and retrofits to existing buildings.

Community
Development
Department
A Implemented
Staff directs businesses to PG&E and
residents to MCE/PG&E.

Action COS 9g: Develop a list of drought-tolerant and native plants appropriate for use in Brentwood and review development projects for adherence to this list.

Page 741 of 783 ends

Action COS 2d: Collaborate with water suppliers and wastewater treatment plant operators to increase the availability of treated or recycled water for agricultural purposes.

Community
Development
Department
Ongoing Implemented
Staff regularly receives notice of
development proposals from Contra Costa
County and provides comments as
appropriate, including those related to
preservation of separators and open space.

There is no cost associated with this item
other than staff time spent reviewing and
responding to proposals.

Action COS 2b: Consider impacts to agricultural lands and agricultural productivity when reviewing new development projects, amendments to the General Plan, and rezoning applications.

Community
Development
Department
Ongoing Implemented Staff regularly considers these impacts when reviewing applications. There is no cost

Page 742 of 783 ends

(SORTED BY RELATIVE EASE OF IMPLEMENTATION) 12. IMPLEMENTATION Brentwood General Plan 12-7
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
associated with this item other than staff
time spent reviewing applications.

Action COS 2h: Coordinate with groups such as the Agricultural-Natural Resources Trust of Contra Costa County (ANRT), the Brentwood Agricultural Land Trust (BALT), and Harvest Time in Brentwood in order to fund agricultural easements, programs that protect agricultural lands, and programs that provide marketing assistance and economic support to local farmers.

Community
Development
Department
Ongoing Implemented
Staff continues to coordinate with these
groups through various programs and the
Council’s Agricultural Enterprise Committee.

There is no cost associated with this item, as
it is funded through mitigation fees.

Action COS 4c: Utilize existing regulations and procedures, including but not limited to, the Zoning Ordinance and the environmental review process, in order to conserve wetlands and riparian habitat within the city limits and the Planning Area. Community Development
Department
Ongoing Implemented
Staff continues to ensure that wetlands and
riparian habitat are conserved through the
development process. This includes
compliance with the Zoning Ordinance as
well as the Habitat Conservation Plan,
including coordination with the Habitat

Page 743 of 783 ends

12. IMPLEMENTATION
12-8 Brentwood General Plan
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
Conservancy. There is no cost associated
with this item.

Community
Development
Department
Ongoing Implemented
Engineering staff continues to implement
this chapter of the Municipal Code through
the respective development and plan check
processes.

Community
Development
Department
Ongoing Implemented
Staff continues to organize an annual creek
restoration and clean-up event with high
school students. This event includes staff
time, resources, and vehicles such as
garbage bin drop-off and pickup at event
locations. The Contra Costa Clean Water
Program currently pays for advertisement
and materials to educate the public about
the benefits of preserving regional water
resources.

Action COS 5b: Continue to implement, and periodically review/update as necessary, Chapter 17.680 (Oil and Gas Production) of the Brentwood Municipal Code.

Community
Development
Department
Ongoing Implemented
Staff continues to implement this chapter of
the Municipal Code, although it is used very
infrequently. It was last updated in 1998.

There is no cost associated with its
implementation, other than staff time spent
reviewing it for compliance with applicable
development projects.

Action COS 6c: Collaborate with the Chamber of Commerce and other interested community groups to support and promote community festivals and events.

Community
Development
Department
Ongoing Implemented
This continues to be implemented in
conjunction with all applicable development
projects and related CEQA documents.

There is no cost associated with this item, as
staff time spent is covered by applicant
deposit accounts.

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(SORTED BY RELATIVE EASE OF IMPLEMENTATION) 12. IMPLEMENTATION Brentwood General Plan 12-9
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
Action COS 6e: Require all new development, infrastructure, and other ground-disturbing projects to comply with the following conditions in the event of an inadvertent discovery of cultural resources or human remains:

Community
Development
Department
Ongoing Implemented
This continues to be implemented in
conjunction with all applicable development
projects and their associated CEQA
documents. There is no cost associated with
this item since staff time spent is covered by
deposit accounts.

Community
Development
Department
Ongoing Implemented
This continues to be implemented on a
project-by-project basis. There is no cost
associated with this item.

Community
Development
Department
Ongoing Implemented
This continues to be implemented on a
project-by-project basis and associated
CEQA documents. There is no cost
associated with this item.

1. Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions.

2. Potential exposure of sensitive receptors to toxic air contaminants.

3. Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions.

4. Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where impacts cannot be mitigated to less than significant.

Community
Development
Department
Ongoing Implemented
This continues to be implemented on a
project-by-project basis and associated
CEQA documents. There is no cost
associated with this item.

Page 745 of 783 ends

12. IMPLEMENTATION
12-10 Brentwood General Plan
TABLE 12-1: General Plan Implementation (Conservation and Open Space Element Actions) Implementation Program
Responsible
Department
Priority/
Timing
Status Notes/Estimated Staffing & Cost
Action COS 8d: Work with Contra Costa County and the Bay Area Air Quality Management District to implement programs aimed at improving regional air quality. Community Development
Department
Ongoing Implemented
This continues to be implemented on a
project-by-project basis and associated
CEQA documents. There is no cost
associated with this item.

Action COS 8e: Adequate buffers between new industrial uses and sensitive receptors shall be required to avoid potential air quality and nuisance impacts.

Community
Development
Department
Ongoing Implemented
This is ensured through the development
review process. There is no cost associated
with this item.

Action COS 9a: Continue to review development projects to ensure that all new public and private development complies with the California Code of Regulations (CCR), Title 24 standards as well as the energy efficiency standards established by the General Plan and the Brentwood Municipal Code.

Community
Development
Department
Ongoing Implemented
This continues to be implemented through
the development review process. There is
no cost associated with this item.

Page 746 of 783 ends

CITY COUNCIL AGENDA ITEM NO. G.3
11/14/2023
SUBJECT: Consideration and direction related to the cost-benefit analysis for the possible outsourcing of wastewater lateral repair work.

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

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, and provide direction.

FISCAL IMPACT
Fiscal impact related to this item will vary depending on Council’s direction. The FY 2023/24 – 2027/28 rate study adopted in June 2023, included a placeholder of $694,250 in annual funding and $450,000 for personnel, equipment and supplies for a citywide wastewater lateral repair project beginning in FY 2024/25. An additional $450,000 in one-time start-up costs was also included.

The annual estimated in-house cost is $877,679 - $1,263,679. The annual estimated cost to contract out this project is $1,798,500 - $5,824,500. Should Council direct staff to proceed with contracting out this work, the Wastewater Enterprise would need to absorb the significant additional annual costs for this project. Doing so would require the Wastewater Enterprise to expend cash reserves more quickly until a new rate study could be completed to fund the additional expense.

BACKGROUND
A city-wide wastewater lateral repair project is necessary because a high number of wastewater lateral connections have failed. Lateral connections to individual residences are four-inch pvc pipes. Over time, as land settles and compacts, the lateral pipes can become separated or disconnected. This typically happens at the property line because residential lots are not graded and compacted to the same degree the adjacent streets are. Because the streets are compacted and paved, they

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CITY COUNCIL AGENDA ITEM NO. G.3
11/14/2023
do not settle as much as the ground on a residential lot settles. When the residential lot settles more than the road, the stress on the pvc pipe causes it to break or separate. When these pipes separate, debris can get hung up on the edges of the pipes and there is an increased risk of sewage backing up and overflowing.

The State Water Board regulates and prohibits sewer overflows. The City is required to identify and repair these potential sewer overflows as part of the Sanitary Sewer Management Plan.

Options available to the City regarding separated or disconnected lateral pipes are:
1) do nothing, resulting in an increased risk of sewer overflows (a violation of State law) which could result in fines and penalties,
2) perform the necessary repairs using City staff and resources, or 3) contract out the work using consultants and general contractors.

In response to Council’s request to prepare an informal cost-benefit analysis for the possible outsourcing of new non-essential budgeted positions, staff has researched the approximate cost to contract out the repair and/or replacement of sewer laterals throughout the City. The Wastewater Division is responsible for the maintenance and repair of 20,065 residential sewer laterals. The following analysis assumes contracting out the repair or replacement of 200 sewer laterals annually (“Project”).

COST TO CONTRACT OUT THE PROJECT
In order to contract out this Project, the State Public Contract Code requires a formal bid process. The formal bid process requires insurance, bonds, bid documents, prevailing wages, and other administrative requirements. This process is significantly more involved than simply asking a contractor to provide a quote for services.

In order for a contractor to provide firm pricing, formal project plans and specifications must be prepared, certified, and stamped by an Engineer. Without detailed plans, there are simply too many unknown variables for a contractor to accurately predict, plan, and price out the work to be done. Formal plans and specifications allow the City and contractor to enter into a legally binding contract, which describes the work to be performed, and the responsibilities of each party clearly defined. Among other things, this allows the parties to avoid disputes and limit change orders to the greatest extent possible.

The engineering effort required to develop plans and specifications to the level necessary to formally bid out this project is significant. For instance, staff spent approximately 180 hours developing 13 pages of plans for this year’s Pavement

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CITY COUNCIL AGENDA ITEM NO. G.3
11/14/2023
Management Program (PMP)-asphalt project. A wastewater lateral repair Project would require plans that are significantly more complicated than the PMP project, and likely result in a plan set of roughly 20 pages, which would take approximately 300 hours to produce. Given current workloads and projects, providing an additional 300 hours of Engineering staff time to prepare these plans would delay other projects.

As a result, the City would likely contract out the engineering portion of this project to develop the plans. Using an hourly rate of $200, staff estimates it would cost roughly $60,000 to have a set of plans and bid documents prepared by a consulting engineer.

Without a set of plans and bid documents, it is impossible to get an exact price per lateral repair from a contractor, as several factors influence the price of the work for each lateral. For example, laterals that are less than five feet below grade do not require shoring, which makes the work considerably easier to perform, and thus less expensive than repairs to lines deeper than five feet. Another factor is how much of the pipe needs to be replaced. If the repair can be completed without disturbing the asphalt roadway, curb, and gutter, the cost is significantly reduced. Repairs requiring significant roadwork escalate costs.

Staff reached out to multiple contractors and received estimates ranging from $7,500 to $25,800 per lateral. Without a set of plans and bid documents, there is no way to narrow down this price range, so the cost analysis is presented with a high and low range.

Contracting out this Project would also require additional work for inspection and management of the project. Stormwater regulations, construction inspection, and contract administration would be additional costs to the Project. The cost to contract out construction inspection services for this project is estimated to be $75,000.

Additionally, when contracts are awarded, a 10% contingency is included to address any changes or unforeseen issues that may arise during the course of the project.

The table below summarizes the estimated cost to contract out for 200 sewer lateral repairs and/or replacements annually.

Preparation of Engineering Documents $60,000
Price per Lateral:

Low-end Estimate: $7,500 * 200 $1,500,000
High-end Estimate: $25,800 * 200 $5,160,000
Construction Inspection and Administration $75,000
Contract Contingency (10%) $163,500 - $529,500
Total Annual Cost: $1,798,500 - $5,824,500

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CITY COUNCIL AGENDA ITEM NO. G.3
11/14/2023

COST TO PERFORM THE PROJECT IN-HOUSE
If this Project is performed in-house by City staff, no engineering, inspection, contingency, or additional administrative costs associated with managing a public works project contract would be required to perform this work. This additional work and its associated cost are not needed when the work is performed by in-house staff for several reasons including: field staff’s intimate knowledge of the system; no legal contract documents to follow; no regulatory requirements associated with construction projects; no potential breach of contract claims; and no change-order negotiations. Staff can simply do the work as necessary without additional administrative burdens associated with Public Contract Code requirements.

Material costs will range from $700 - $2,000 per lateral. The majority of the cost is in the labor. Staff’s recommendation to hire three Wastewater Collection System Workers and two Street Maintenance Workers would be sufficient to perform 200 sewer lateral repairs annually.

The table below summarizes the estimated cost to hire additional personnel and perform 200 sewer lateral repairs annually. The approved rate study included placeholder funding for costs shown in the table below.

Preparation of Engineering Documents N/A
Price per Lateral (Materials):

Low-end Estimate: $700 * 200 $14,000
High-end Estimate: $2,000 * 200 $400,000
Construction Inspection and Administration N/A
Contract Contingency (10%) N/A
Annual Salary and Benefits $784,278
Annual Vehicle Maintenance & Replacement Costs $79,401
Total Annual Cost: $877,679 - $1,263,679
Unaccounted for in these cost comparisons are one-time costs associated with vehicle and equipment purchases necessary to perform this work in-house. Vehicle and equipment purchase costs of $450,000 are necessary if additional staff are hired.

This one-time cost was included in the rate study adopted in June, and estimated ongoing maintenance and replacement costs for this equipment is included in this comparison.

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CITY COUNCIL AGENDA ITEM NO. G.3
11/14/2023

STAFF RECOMMENDATION
Staff’s recommendation is to perform this Project in-house based on the cost implications. Staff are planning to include Project costs in the draft 2024/25 – 2025/26 Operating Budget for consideration of approval by the City Council in June of 2024. The draft Operating Budget would include requests for approval for the addition of the new positions necessary to perform the lateral maintenance (three Wastewater Collection System Workers and two Street Maintenance Workers), associated salary and benefit costs, and the cost for purchasing the necessary equipment and materials. The adopted FY 2023/24 – 2027/28 rate study included an annual cost placeholder in the amount of $694,250 for the estimated costs of the Project commencing in FY 2024/25. Additionally, $450,000 was included in the study for one-time vehicle and equipment purchases.

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
Not Applicable.

ATTACHMENT(S)

1. Previous Action

Page 751 of 783 ends

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 13, 2023, by Resolution 2023-76, the City Council accepted and approved the Water and Wastewater Rate Study, and the rate structures for wastewater utility service.

On July 25, 2023, the City Council authorized staff to spend time and resources to prepare an informal cost-benefit analysis for the possible outsourcing of new nonessential budgeted positions at the Wastewater and Public Works facilities when the Council is asked to consider these positions.

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CITY COUNCIL AGENDA ITEM NO. G.4
11/14/2023
SUBJECT: Lease Agreement with the Downtown Brentwood Coalition (DBC) for use of the Women’s Club located at 648 2nd Street
DEPARTMENT: City Manager’s Office
STAFF: Darin Gale, Assistant City Manager
Ricardo Noguera, Economic Development Manager

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.

FISCAL IMPACT
The fifty-four (54) month lease will be at a one time rate charge of $5.00. The DBC will complete major interior and exterior improvements over the first 24 months of the lease execution. All renovation costs will be borne by the DBC, including any required City permits. In addition, the DBC will be required to pay all utility fees and maintain the proper level of insurance to support their operations.

BACKGROUND

HISTORY OF PROPERTY
The Women’s Club facility has served a public purpose since its construction in 1913.

The building served as the City’s first public library from 1922-1979. It also served as the Women’s Club from 1931-2009 with the property under the ownership of Contra Costa County through 2001. The County sold the property to the City of Brentwood in 2021 for $5,000. However, the terms of the agreement between the County and City called for the property to be utilized for civic or governmental purposes. If the City chose to sell the property to a private entity, the City would be required to pay the County $80,000, which represented the market value of the property in 2001.

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CITY COUNCIL AGENDA ITEM NO. G.4
11/14/2023

PROPERTY CHARACTERISTICS
The lot size is 7,500 square feet and the building is 800 square feet. The site is located within the Downtown Specific Plan, within the ‘Residential Neighborhood’ district. However, the building has never served a residential purpose. It shares a northeast property line with the ‘Downtown Core’ district and is situated near the intersection of Second and Oak Street that is within the ‘Retail Required Zone’ district.

The rear of the property contains a total of thirteen (13) parking stalls. As part of the lease agreement, the DBC will be required to meet American with Disabilities Act (ADA) parking and access requirements.

On November 7, 2023, the Brentwood Planning Commission approved a Conditional Use Permit (CUP), allowing the building to be used for professional office and administrative purposes.

USE OF BUILDING
The DBC serves as a business liaison supporting local businesses and property owners in the downtown area. The agency’s purpose is to provide supporting services to area businesses and maintain a vibrant downtown for locals and visitors to patronize the diverse mix of restaurants, cafes and shops. The building will be utilized by the staff of the DBC solely for administrative purposes. Hours of operation are projected to be from Monday through Friday between 8 am and 6 pm with staff occupancy ranging from 1 to 3 individuals at any given time. Anticipated guests include members of the DBC Board, DBC Member and other key stakeholders, with a guest volume eventually ranging from 5 to 10 individuals simultaneously. Initially, however, occupany is limited to no more than 3 individuals on the premises for business purposes until all building and site improvements are completed and approved by the City. As noted in Section 3(b):

No meetings of [the DBC’s] Board of Directors, employees, committees, or with members of the public will be permitted indoors on the Premises prior to all improvements being completed in accordance with Section 6; until said improvements are completed and approved by the City’s Building Official, the Premises shall be used only for business purposes relating to the administration of the [DBC].

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CITY COUNCIL AGENDA ITEM NO. G.4
11/14/2023

BUILDING AND PROPERTY IMPROVEMENTS
The DBC is considering a series of enhancements to the building and its surrounding grounds. Under the lease, the DBC will be obligated to assume responsibility for bringing the Women’s Club property into compliance with the ADA and all other applicable codes. Potential improvements encompass various scopes and may include, but are not limited to: upgrading the HVAC system, refurbishing the bathroom to meet ADA requirements, kitchen facilities, and executing minor modifications to the building’s exterior, such as an ADA-compliant ramp and parking lot improvements. Compliance with local building regulations will be ensured through the acquisition of all necessary permits by the DBC.

LEASE TERMS
The City is offering the following lease terms as follows:

1. Fifty-four (54) month lease;

2. Downtown Brentwood Coalition (DBC) required to complete renovations to the building and grounds and obtain the appropriate City permits, including addressing Americans With Disabilities Act (ADA) improvements for access, parking and bathroom amenities. These improvements are to be completed within twenty-four (24) months of executing the lease agreement, unless prior extensions are approved by the City Manager or designee;

3. The DBC shall pay a total of $5 dollars to the City of Brentwood for the entire 54 month lease and will complete all necessary building and site improvements at their sole expense. The DBC will also be responsible for securing all utilities and covering such costs at their sole expense.

CITY COUNCIL STRATEGIC INITIATIVE
FY 2022/2023 – FY 2023/2024 Strategic Initiative: Focus Area 3: Economic Development. Item 1. Encourage private re-investment through the sale of Successor Agency and City-owned real properties.

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

ENVIRONMENTAL DETERMINATION
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. G.4
11/14/2023

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Lease Agreement

4. Site Plan and Floor Plan

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ATTACHMENT 1
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 July 25, 2000, the City Council authorized the purchase of the Women’s Club for $5,000 from Contra Costa County and subsequently entered into a Real Property Sales Agreement (“Agreement”) with the County dated December 18, 2001.

On December 14, 2010, the City Council, by way of Resolution No. 2010-176, adopted Council/Administrative Policy No. 10-20 (‘Disposition of City/Agency Real Estate’) to provide guidance for the disposition of excess or surplus real estate owned in fee title by the City of Brentwood.

On October 11, 2022, following an appraisal valuing the property at $400,000, the City Council discussed the potential surplus and sale of the property. At this meeting, the City Council chose not to initiate the sale of the property, but rather to explore other alternatives since the necessary building renovations were estimated between $150,000 and $200,000.

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RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO SIGN A FIFTY-FOUR (54) MONTH LEASE WITH THE DOWNTOWN BUSINESS COALITION (DBC) FOR THE CITYOWNED PROPERTY KNOWN AS THE WOMEN’S CLUB, LOCATED AT 648 2ND STREET
WHEREAS, on July 25, 2000, the City Council of Brentwood authorized the purchase of the Women’s Club for $5,000 from Contra Costa County and subsequently entered into a Real Property Sales Agreement (“Agreement”) with the County dated December 18, 2001; and
WHEREAS, on December 14, 2010, the City Council of Brentwood, by way of Resolution No. 2010-176, adopted Council/Administrative Policy No. 10-20 (‘Disposition of City/Agency Real Estate’) to provide guidance for the disposition of excess or surplus real estate owned in fee title by the City of Brentwood; and WHEREAS, on October 11, 2022, following completion of an appraisal valuing the property at $400,000, the City Council discussed the potential surplus and sale of the property. At the meeting, the City Council chose not to initiate the sale of the property, but rather requested staff to explore other alternatives since the necessary building renovations were estimated between $150,000 and $200,000; and WHEREAS, on November 14, 2023, the City of Brentwood and Downtown Business Coalition (DBC) of the City of Brentwood, came to terms on a fifty-four (54) month lease (“the Lease Agreement”) at a cost of five dollars ($5) for the term, in exchange for the DBC completing required building and site improvements, including fulfilling ADA improvements related to access to the building, parking in the rear, and bathroom improvements in accordance with the City’s Building Code requirements; and
WHEREAS, the City Council now desires to enter into the Lease Agreement with the DBC, in a form substantially similar to that presented at its November 14, 2023, meeting; and
WHEREAS, all acts, conditions and things required by the Constitution and laws pf the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of the transactions authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the City is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such transactions for the purpose, in the manner and upon the terms herein provided.

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

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1. The form of Lease Agreement presented to the City Council at its November 14, 2023, meeting and on file with the City Clerk is hereby approved.

2. The City Manager or duly authorized designee is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver said Lease Agreement in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof.

3. This Resolution shall take effect from and after its date of passage and adoption.

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:

AYES:

NOES:

ABSENT:

ABSTENTION:
____________________________
Joel R. Bryant, Mayor
ATTEST:
_____________________
Margaret Wimberly, City Clerk

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648 2nd Street
Brentwood, CA 94513 Women's Club "Building Plans"
40'
20'
Kitchen
Bathroom Closet
Main Space

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Brentwood City CouncilNovember 14, 2023

Brentwood City Council
November 14, 2023