Agenda packet, second session — Brentwood City Council, August 13, 2024 (part 1 of 5)

AUGUST 13, 2024, 7:00 PM

CITY COUNCIL/SUCCESSOR AGENCY AGENDA

BRENTWOOD INFRASTRUCTURE FINANCING AUTHORITY
CITY COUNCIL CHAMBERS, 150 CITY PARK WAY
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* City Council Members will be participating from the Council Chamber. Members of the public are invited to attend and participate at: the Council Chambers, 150 City Park Way, Brentwood CA As a courtesy and technology permitting, members of the public may provide remote public comment during public hearings and on business items via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. In addition, the Zoom participation option is provided to the public as a courtesy in order to facilitate participation. If Zoom participation is not enabled, the meeting will continue with public attendance in person only. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

HOW PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chambers.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chambers will have seating available for members of the public to attend in person up to full seating capacity.

2. REMOTE (if enabled): Remarks by members of the public participating via Zoom are limited to speaking on items listed under public hearings; business items; and requests for future agendas items, existing requests. Zoom participation during the general public comment period will not be accepted, except in the event a City Council Member is participating remotely under the provisions of Government Code § 54953 (f). a. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 b. Zoom Phone Numbers. Dial Toll Free: (833) 548-0276 or (833) 548-0282 or (877) 853-5247.
c. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)

3. E-MAIL
a. Public comments can also be submitted via e-mail to [email protected].

Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council via email before the meeting,

2. posted online for public inspection at www.brentwoodca.gov/meetings and

3. later summarized in the meeting minutes.
b. As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.

4. TO WATCH OR LISTEN ONLY:
a. The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov or via the City’s YouTube Channel: https://www.youtube.com/c/cityofbrentwoodca

CITY COUNCIL/SUCCESSOR AGENCY/

BRENTWOOD INFRASTRUCTURE FINANCING AUTHORITY (BIFA)
AGENDA
Zoom Webinar ID: 760 1397 0037

August 13, 2024, 7:00 p.m.

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

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

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

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

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

F. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.

F.1 Minutes of the Special City Council meeting of July 23, 2024 F.2 Minutes of the Special City Council meeting of July 29, 2024 F.3 Correction to the City Council/Successor Agency Meeting Minutes of April 23, 2024 F.4 An agreement with Stommel Inc., dba LEHR Auto Electric for the outfitting of patrol vehicles
Title/Recommendation
Adopt a resolution approving and authorizing the City Manager or designee to execute an agreement and necessary documents with Stommel Inc., dba LEHR Auto Electric in the amount of $300,000 over a two year term; not to exceed $150,000 FY 24/25 and not to exceed $150,000 FY 25/26 for the outfitting of police vehicles.

F.5 Proposed refunding of the outstanding Water Revenue Refunding Bonds, Series 2014, through the issuance of Water Revenue Refunding Bonds, Series 2024, and appointing financing team members.

Title/Recommendation
Adopt two Resolutions, one by the City Council and one by the Brentwood Infrastructure Financing Authority (“BIFA”): 1) appointing Del Rio Advisors, LLC as Municipal Advisor; RBC Capital Markets, LLC as Underwriter; Orrick, Herrington & Sutcliffe LLP as Bond and Disclosure Counsel, and 2) directing City staff to commence preparations to refund the Water Revenue Refunding Bonds, Series 2014, and to return to the City Council /BIFA Board once the related documents have been prepared for approval.

F.6 Notice of Completion for the work performed by Luma Engineering Contractors Inc. for the Creekside Park Pickleball Courts Project, CIP Project No. 352-52441.

Title/Recommendation
Adopt a Resolution accepting the work performed by Luma Engineering Contractors Inc. for the Creekside Park Pickleball Courts Project, CIP Project No. 352-52441 and file a Notice of Completion with the County Recorder.

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

G.1 Annexation #16 to Community Facilities District No. 5 Title/Recommendation
Staff recommends that the City Council:

Hold the public hearing regarding the annexation of territory to the City of Brentwood (“City”) Community Facilities District No. 5 (“CFD No. 5”);

1. Adopt a Resolution determining to annex territory to CFD No. 5 and calling a special election for CFD No. 5;

2. 3. Conduct the special election for the annexation of territory to CFD No. 5; and Adopt a Resolution determining the results of the special election for the annexation of territory to CFD No. 5.

4. This action has been reviewed under the criteria contained in the California Environmental Quality Act (“CEQA,” as codified at Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.) and the City's environmental regulations. The action is not subject to CEQA pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3), as it will not result in a direct or reasonably foreseeable indirect physical change to the environment because there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378.

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G.2 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sand Creek Sports Complex
Title/Recommendation
Adopt a Resolution adopting the Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program for the Sand Creek Sports Complex Project, CIP Project No. 352-52446.

G.3 An application for a Vesting Tentative Subdivision Map, Design Review, Density Bonus request, and request for associated waivers including the City’s General Plan Density Transition Policy
Title/Recommendation
Adopt three separate resolutions: (1) approving a Mitigated Negative Declaration (SCH# 20240501112) and Mitigation Monitoring and Reporting Program and Errata Sheet; (2) approving the Vesting Tentative Subdivision Map No. 9649 (VTSM 9649) for the subdivision of 9.6-acres in 34 single-family residential lots; and (3) approving Design Review No 23-012 (DR 23-012) for the Orchard Grove North project, as conditioned.

The project includes a Vesting Tentative Subdivision Map (VTSM 9649) for the subdivision of 9.6-acres into 34 parcels (including 30 single-family detached homes and four affordable duets), one on-site bioretention parcel, and a designated 0.4-acre remainder parcel. The project also includes a density bonus application to allow for a 17.2% increase in density (3.54 units per acre) pursuant to the State Density Bonus Law (SDBL) and waivers including the General Plan density transition policy, as well as a design review application (DR 23-012) for the homes to be constructed on the 34 lots. The project is located at 1901 Lone Oak Road, just south of Grant Street and directly east of Adams Lane (APN 016-040-004).

The City prepared a mitigated negative declaration and Errata Sheet for this project in accordance with the requirements of the California Environmental Quality Act (CEQA, codified at Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.). Several potentially significant impacts are identified; however, mitigation measures are incorporated to reduce those impacts to less than significant levels. All mitigation measures are included by reference as conditions of approval.

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

H.1 Parks & Recreation Operational Assessment Final Report Title/Recommendation
Accept the Final Report of the Parks and Recreational Operational Assessment Final Report (Report) and provide direction on consultant feedback.

H.2 2024 City of Brentwood Veterans Day Event and Amendment to the 24/25 General Fund Operating Budget
Title/Recommendation
Provide direction to City staff about plans for a 2024 Veterans Day Event and future events to recognize and honor military veterans including a possible amendment to the 2024/2025 General Fund Budget.

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H.3 Designation of the voting delegate and an alternate for the 2024 League of California Cities Annual Conference
Title/Recommendation
Adopt a Resolution designating the Mayor and an alternate as the City’s voting delegate for the 2024 League of California Cities Annual Conference.

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

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

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

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

If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing
NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

POSTING STATEMENT
On August 8, 2024, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov

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1 SPECIAL CITY COUNCIL MINUTES
July 23, 2024, 5:30 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 5:30 p.m.

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

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

C. PUBLIC COMMENTS
D. RECESS TO CLOSED SESSION
It was moved/seconded by Mendoza /Meyer to recess to closed session and the motion carried unanimously.

D.1 CONFERENCE WITH LABOR NEGOTIATORS
E. RECONVENE IN OPEN SESSION
The meeting reconvened in open session at 7:03 p.m. and Mayor Bryant called to order the Regular City Council Meeting.

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1 SPECIAL CITY COUNCIL MINUTES
July 29, 2024, 6:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 6:03 PM and Roll Call found the following members present; Mendoza, Meyer, Pierson, Oerlemans, and Mayor Bryant.

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

C. PUBLIC COMMENTS
None.

D. RECESS TO CLOSED SESSION
It was moved/seconded by Meyer/Oerlemans to adjourn to closed session, motion carried unanimous with Mendoza, Meyer, Oerlemans, Pierson, and Bryant in favor.

D.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
D.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
E. RECONVENE IN OPEN SESSION
The City Council reconvened in open session at 8:06 p.m.

F. REPORT ON CLOSED SESSION
There was no reportable action.

G. ADJOURNMENT
It was moved/seconded by Pierson/Oerlemans to adjourn at 8:08 p.m. motion carried unanimous with Mendoza, Meyer, Oerlemans, Pierson, and Bryant in favor.

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MEMORANDUM
DATE: August 13, 2024
TO: City Council
FROM: Amanda McVey, Assistant City Clerk
SUBJECT: Correction to the City Council Meeting Minutes of April 23, 2024 Staff identified a clerical error in the City Council Meeting Minutes of the April 23, 2024. As a result, Item J.2 has been corrected to properly reflect the motion as stated by Council Member Mendoza and can be reviewed in the redlined minutes below.

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1 CITY COUNCIL/SUCCESSOR AGENCY MINUTES
April 23, 2024, 7:00 p.m.

A. CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:13 p.m.

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

Council Member Mendoza participated remotely via Zoom Teleconference at the noticed teleconference location: Arizona Biltmore Conference Center Hallway 2400 E. Missouri Ave, Phoenix, AZ 85016.

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

C. REPORT ON CLOSED SESSION
Mayor Bryant reported there were no reportable actions.

D. PUBLIC COMMENTS
Bill Weber provided comments on the positive influence of youth leadership, the need of additional membership with the Kiwanis Club of Brentwood, and comments related to the Jewish American Heritage Month proclamation.

Danny Dohrmann provided comments related to virtual public comments during the general public comment period, thanked Assistant City Manager Darin Gale for taking time to speak with him regarding a Community Enrichment matter related to Brentwood Municipal Code §17.640.008 and §17.640.009, and comments related to a moratorium on drive-through establishments.

Carolina Villaseca requested City Council pull item F.18 from the Consent Calendar, provided comments regarding the Delta Conveyance Project, and provided information on the upcoming All Abilities Family Picnic at Marsh Creek Elementary on May 18th from 11 a.m. to 1:30 p.m.

E. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS, AND STAFF
Council Member Mendoza reported on attendance shadowing Senator Steve Glazer in Sacramento, Latino Caucus Communications Subcommittee and noted she will be moving to the Legislative Review Committee, watched the Planning Commission meeting, and attendance at an Our Neighborhood Voices meeting.

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2 Council Member Pierson reported she watched the Planning Commission meeting, attended a Police Activities League (PAL) meeting, Juneteenth planning meetings, Age and Disabilities Friendly Communities Ad-hoc Committee meeting, and attended as a guest speaker at the Contra Costa County Bar Association 90th Anniversary Gala.

Council Member Oerlemans reported on attendance at the Brentwood Police Department's Town Hall on human trafficking, watched the Planning Commission meeting, a meeting with Joe Young, president of Trilogy HOA, attendance at the Farmers Market and Makers Mart, and at the PAL BBQ fundraiser supporting Liberty High School.

Vice Mayor Meyer reported on facilitating a Cal Cities Mayors and Council Members virtual roundtable discussion, attendance at the Youth and Government mock City Council meeting, Community Day of Service planning meeting, watched the Planning Commission meeting, attendance at the Age and Disabilities Friendly Communities Ad-hoc Committee meeting, Our Neighborhood Voices meeting, and a presentation by the Contra Costa County Public Defender's Office on equity.

Mayor Bryant reported on attendance at an East Contra Costa County Habitat Conservancy board meeting, the Youth and Government mock City Council meeting, TRANSPLAN Committee, East Contra Costa Regional Finance Authority, and Bart and State Route 4 Bypass Authority meetings.

City Manager Tim Ogden provided an update on the upcoming Community Day of Service event on April 27, 2024.

F. CONSENT CALENDAR
Mayor Bryant pulled items F.4, and F.18, and Council Member Mendoza pulled item F.14 to be heard separately.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Tony Oerlemans, Council Member
Adopted the Consent Calendar as recommended by staff.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.1 Minutes of the City Council/Successor Agency meeting of April 9, 2024 F.2 Minutes of the Special City Council meeting of April 9, 2024 F.3 A Proclamation Proclaiming April 26, 2024, as Arbor Day F.4 A Proclamation Proclaiming May 5 - 11, 2024, as Municipal Clerk's Week

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3 Mayor Bryant presented the Proclamation to Margaret Wimberly, City Clerk, and Amanda McVey, Assistant City Clerk.

Moved by: Joel Bryant, Mayor
Seconded by: Jovita Mendoza, Council Member
Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.5 A Proclamation Proclaiming May 2, 2024, as National Day of Prayer F.6 A Proclamation Proclaiming May 12 - 18, 2024, as Police Week F.7 A Proclamation Proclaiming May 13 - 19, 2024, as Bike to Work Week F.8 A Proclamation Proclaiming May as Jewish American Heritage Month F.9 A Proclamation Proclaiming May as Asian American and Pacific Islanders Heritage Month
F.10 A Proclamation Proclaiming May as Older Americans Month F.11 A Proclamation Proclaiming May as Water Awareness Month F.12 A Proclamation Proclaiming May as Building and Safety Month F.13 Award a contract to Sandstone Environmental Engineering, Inc. for the Pavement Management Program 2024 (Concrete), CIP Project No. 336-31703.

Adopted Resolution 2024-39 approving the contract, awarding the bid and authorizing the City Manager or designee to execute a contract and necessary documents for the Pavement Management Program 2024 (Concrete), CIP Project No. 336-31703, (“Project”) with Sandstone Environmental Engineering, Inc. (“Sandstone”) as the lowest responsible and responsive bidder in the amount of $378,110, plus funding authorization for a 15% contingency of $56,716.50, for a total funding authorization not to exceed amount of $434,826.50.

F.14 A Resolution accepting park and landscaping improvements on Parcel ‘D’ (Magpie Park).

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Adopted Resolution 2024-43 accepting the park and landscaping improvements on Parcel ‘D’ of the Chandler development (Subdivision 9428) for maintenance by the City and request that the City Clerk file this Resolution with the Recorder of Contra Costa County.

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4 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.15 Consideration of actions pertaining to the City’s Landscape and Lighting Assessment Districts, including Landscape and Lighting Assessment Districts No. 19-3 and No. 21-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2024/25.

Adopted Resolution 2024-40 declaring the intention to order improvements for the Landscape & Lighting Assessment Districts, Landscape and Lighting District No. 19-3, Landscape and Lighting Assessment District No. 21-1 (collectively, the “LLADs”), and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2024/25; declaring the intention to levy and collect assessments; and setting the date of May 28, 2024, at 7:00 p.m. or at such time thereafter that the matter can be heard for the public hearing in accordance with the provisions of the Streets and Highways Code “Landscaping and Lighting Act of 1972” and California Proposition No. 218.

F.16 Purchase two new solid waste collection trucks, and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $951,050.

Adopted Resolution 2024-41 approving the purchase of two new collection vehicles for the Solid Waste Division, one residential Labrie split body truck and one Labrie front load truck, from Arata Equipment Company in San Carlos, CA; and authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $951,050 for fiscal year 2023/24.

F.17 An Agreement with Robertson-Bryan, Inc. for environmental compliance services for the Solid Waste Organics Diversion project and the Water and Wastewater Laboratory project.

Adopted Resolution 2024-42 approving the contract documents and authorizing the City Manager or his designee to execute an Agreement with Robertson-Bryan, Inc. for environmental compliance services for the Solid Waste Organics Diversion, CIP Project No. 542-54021 (SW Project), and the Water and Wastewater Laboratory, CIP Project No. 592-59207 (Laboratory Project), in the amount not to exceed $252,575.

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5 F.18 2023 Military Equipment Annual report, Determination of AB 481 Compliance, Renewal of Military Equipment Ordinance, and Approval of Military Equipment
Moved by: Joel Bryant, Mayor
Seconded by: Pa'tanisha Pierson, Council Member
Adopted Resolution 2024-44 1) accepting the 2023 Military Equipment Annual Report; 2) determining that the Brentwood Police Department’s (BPD) use of military equipment in 2023 complied with BPD Policy 708 and applicable state laws; 3) determining that, based on the 2023 Military Equipment Annual Report, each type of military equipment identified in that report has complied with the standards for approval set forth in applicable state laws, including Government Code section 7071(e); 4) renewing Ordinance No. 1037, thereby determining that Policy 708 shall be continued without change; and 5) approving the BPD’s funding, acquisition, and use of military equipment to preserve life and enhance the safety of citizens and officers.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
F.19 An Informational Summary and Overview of Recent Statewide Housing and Land Use Legislation
Received an informational summary and overview of housing and land use related legislation from the 2023 legislative session.

F.20 Informational Report on Final Map of Subdivision No. 9452, Cowell Ranch, developed by Shea Homes, LP.

Received an Informational Report on Final Map approval by the City Manager of Subdivision No. 9452, Cowell Ranch, developed by Shea Homes, LP, located south of Marsh Creek Road and east of Vineyards Parkway (APN’s 007-380-002 and 007-380-003).

G. PUBLIC HEARINGS
G.1 An Extension of Interim Urgency Ordinance implementing Interim Objective Design Standards for residential housing projects in the City of Brentwood, and finding the action exempt from CEQA
Jennifer Hagen, Senior Planner, presented the item.

Mayor Bryant opened the Public Hearing.

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6 There being no one wishing to speak on the item, Mayor Bryant requested a motion to close the Public Hearing.

It was moved/seconded by Council Member Oerlemans /Council Member Pierson to close the Public Hearing and carried unanimously.

Moved by: Tony Oerlemans, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
Adopted Urgency Ordinance No. 1073 extending, for an additional period of one year, the interim ordinance adopting Appendix B to the City of Brentwood Residential Design Guidelines to Implement Interim Residential Objective Design Standards, and finding the action exempt from CEAQ.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H. BUSINESS ITEMS
H.1 Extension of Urgency Ordinance and Introduction and Waiver of First Reading of a Permanent Ordinance Implementing a Modification to the Brentwood Municipal Code to allow Pad-Mounted Transformers within Development Projects.

Staff withdrew the extension of the Interim Urgency Ordinance, which will be considered at a future date.

Allen Baquilar, Director of Engineering/City Engineer presented the item.

Mayor Bryant opened the public comment period.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
The City Council continued to a special or regular meeting the consideration of a Permanent Ordinance Implementing a modification to the Brentwood Municipal Code that would allow permittees to install pad-mounted transformers within the development projects.

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

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7 H.2 Update of Parks and Recreation Special Event Process, Consideration of Future New Fees for Special Events, and provide direction to staff Thien Nguyen, Recreation Manager presented the item.

Mayor Bryant opened the public comment period.

Amy Tilley spoke in support of the item as presented.

Cheyenne Erickson spoke in support of the item as presented.

Vinoy Mereddy provided comments and inquiries on the item.

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

Moved by: Jovita Mendoza, Council Member
Seconded by: Pa'tanisha Pierson, Council Member
The City Council, by motion, directed staff to implement the process outlined in the staff report.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
H.3 Memorandum of Understanding between the City and the Downtown Brentwood Coalition for downtown district programming and management services
Abraham Salinas, Senior Analyst, presented item.

Mayor Bryant opened the public comment period.

Amy Tilley spoke in favor of the item.

Peter Jacoway spoke in favor of the item.

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

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
Adopted Resolution 2024-45 approving a Memorandum of
Understanding (MOU) between the City and the Downtown Brentwood Coalition for the delivery of downtown programming and management services for fiscal years 2024/25 and 2025/26 not to exceed $160,000.

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

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8 Motion Approved (5 to 0)
H.4 Creation of the Brentwood Municipal Code Review Committee Tim Ogden, City Manager, presented the item.

Mayor Bryant opened the public comment period.

There being no one else to speak on the item, Mayor Bryant closed the public comment period.

Moved by: Pa'tanisha Pierson, Council Member
Seconded by: Tony Oerlemans, Council Member
The Council, by motion, approved the creation of the Brentwood Municipal Code Review Committee, and accepted the scope as follows:

The committee will review the City’s municipal code, and make recommendations to staff on updates that may be needed. This committee will meet bi-annually on the 2nd Wednesday in July and January at 5:30 PM, with special meetings as needed. The Council appointed Council Member Pierson and Council Member Oerlemans, and requested the Planning Commission appoint one of its members as an advisory member to the committee.

J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 Consider a request from Vice Mayor Meyer related to an overview of the City’s economic development efforts
Vice Mayor Meyer presented the item.

Mayor Bryant opened the public comment period.

There being no one wishing to speak on the item, Mayor Bryant closed the public comment period.

Moved by: Susannah Meyer, Vice Mayor
Seconded by: Pa'tanisha Pierson, Council Member
The City Council, by motion, directed staff to spend time and resources to provide an update on economic development efforts, including the Innovation Center website.

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9 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
J.2 Consider a request from Council Member Mendoza related to traffic on Minnesota Avenue
Council Member Mendoza presented the item.

Mayor Bryant opened the public comment period.

There being no one wishing to speak on the item, Mayor Bryant closed the public comment period.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
The City Council, by motion, directed staff to spend time and resources to replicate the traffic analysis and improvement efforts that were used on Vineyards Parkway Pioneer Elementary School, and to include the schools to find a solution for traffic issues.

Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
J.3 Consider a request from Council Member Mendoza related to letters of support or opposition to California state legislation
Council Member Mendoza presented the item.

Mayor Bryant opened the public comment period.

There being no one else to speak on the item, Mayor Bryant closed the public comment period.

Moved by: Jovita Mendoza, Council Member
Seconded by: Susannah Meyer, Vice Mayor
The City Council, by motion, authorized staff to spend time and resources to send letters regarding the following legislation: a letter in support of AB 3233 (Weiner); in opposition to AB 1893 (Wicks), and in opposition to AB 2560 (Alvarez), with the letters to clarify that position of the City of Brentwood is current as of the date of the letter. Staff will likewise send letters regarding other legislation, as authorized by the Signature Policy.

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10 Ayes (5): Jovita Mendoza, Council Member, Susannah Meyer, Vice Mayor, Pa'tanisha Pierson, Council Member, Tony Oerlemans, Council Member, and Joel Bryant, Mayor
Motion Approved (5 to 0)
K. ADJOURNMENT
It was moved/seconded by Vice Mayor Meyer/Council Member Pierson to adjourn the meeting at 10:08 p.m. in honor of longtime Brentwood resident, Helen Myers, and carried unanimously.

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CITY COUNCIL AGENDA ITEM NO. F.4
08/13/2024
SUBJECT: An agreement with Stommel Inc., dba LEHR Auto Electric for the outfitting of patrol vehicles
DEPARTMENT: Police Department
STAFF: Timothy M Herbert, Chief of Police
Michael Thompson, Police Lieutenant

TITLE/RECOMMENDATION
Adopt a resolution approving and authorizing the City Manager or designee to execute an agreement and necessary documents with Stommel Inc., dba LEHR Auto Electric in the amount of $300,000 over a two year term; not to exceed $150,000 FY 24/25 and not to exceed $150,000 FY 25/26 for the outfitting of police vehicles.

FISCAL IMPACT
Consistent with approved budgets, if the agreement is approved, the total cost of the contract would be $300,000 over FY 2024/25 and FY 2025/26. The contract cost would be expended from the Vehicle and Equipment Replacement Fund (VERF) and the amount is included in the 2024/25 – 2025/26 VERF Operating Budget.

The Vehicle and Equipment Replacement Fund receives annual contributions from City funds in order to ensure sufficient resources are available when replacement is needed. Annual funding in the operating budget comes from the Enterprise Funds (57%), the General Fund (38%), and other funds (5%).

BACKGROUND
The Council/Administrative Policy No. 10-7, Purchasing Policy, requires that purchases of goods or services over $50,000 per vendor, per fiscal year must be approved by City Council.

The Police Department Fleet is an essential part of police operations. When vehicles are replaced, funding is provided by the VERF from amounts set aside annually for this purpose.

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CITY COUNCIL AGENDA ITEM NO. F.4
08/13/2024
Taking a police vehicle out of service or putting a new vehicle into service requires a contractor specifically trained and experienced in installation, repair and service of police vehicle equipment. Examples of some of the equipment includes special and specific police emergency lighting as required by law, sirens, cameras, weapon mounts, prisoner cages, radios and computers. If still within its useful life, equipment from the vehicles being replaced can be recycled to new vehicle or replaced, if on schedule for replacement, however, labor is still required.

The police department sent out a request for quotes with local vendors for labor rates of both stripping and outfitting equipment in police vehicles. LEHR was the lowest bidder.

Due to recent supply chain and factory production issues, the replacement of police vehicles currently in service has been delayed since 2020. With supply chain and factory production of vehicles showing signs of improvement in 2024 and into 2025, it is anticipated that the police department could replace approximately twenty-five police vehicles during the next two years. This number is approximate as there is still uncertainty with Ford’s factory production and vehicle availability. Since approving Resolution No. 2024-32 which was adopted on April 9, 2024, ten police vehicles have been purchased that need to be outfitted.

Fleet vehicles are typically replaced on a schedule due to age, but there are occasions when police vehicles need to be replaced or repaired sooner than the scheduled life expectancy due to collisions, damage, or other costly repairs.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. F.4
08/13/2024

ALTERNATIVE OPTION(S)
Not approving this recommendation will prevent police vehicles from being properly outfitted with the necessary equipment making them not deployable and negatively impacting public safety. If not approved, we request that the item is continued with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Agreement

4. Bid Tabulation

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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 April 9, 2024, by Resolution 2024-32 City Council adopted the approval to purchase eleven replacement vehicles (ten for the police department).

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD AUTHORIZING THE CITY MANAGER OR DESIGNEE

TO EXECUTE AN AGREEMENT AND NECESSARY DOCUMENTS
WITH STOMMEL INC., dba LEHR AUTO ELECTRIC IN THE
AMOUNT OF $300,000 OVER A TWO YEAR TERM; NOT TO EXCEED
$150,000 FISCAL YEAR 2024/25 AND NOT TO EXCEED $150,000 FISCAL YEAR 2025/26 FOR THE OUTFITTING OF
APPROXIMATELY TWENTY-FIVE POLICE VEHICLES.

WHEREAS, due to recent supply chain and factory production issues, the current replacement of police vehicles currently in service has been delayed since 2020; and
WHEREAS, supply chain and factory production of vehicles are showing signs of improvement in 2024 and into 2025, it is anticipated that the police department could replace approximately twenty-five police vehicles during the next two years; and
WHEREAS, Resolution No. 2024-32 was adopted on the April 9, 2024, and ten police vehicles have been purchased that need to be outfitted; and WHEREAS, taking a police vehicle out of service or putting a new vehicle into service requires a contractor specifically trained and experienced in installation, repair and service of police vehicle equipment; and
WHEREAS, the police department sent out a request for quotes with local vendors for labor rates of both stripping and outfitting equipment in police vehicles and LEHR was the lowest bidder; and
WHEREAS, the total cost of the contract would be $300,000 over FY 2024/25 and FY 2025/26; and
WHEREAS, the contract cost would be expended from the Vehicle and Equipment Replacement Fund (VERF) and the amount is included in the 2024/25 – 2025/26 VERF Operating Budget.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby authorize the City Manager or designee to execute an agreement and necessary documents with Stommel Inc., dba LEHR Auto Electric in the amount of $300,000 over a two year term: not to exceed $150,000 fiscal year 2024-25 and not to exceed $150,000 fiscal year 2025/26 for the outfitting of police vehicles.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of August 2024 by the following vote:

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City Attorney Approved Version 052522

AGREEMENT FOR EMERGENCY VEHICLE EQUIPMENT REPAIR, SERVICE AND

INSTALLATION SERVICES
[LEHR Auto Electric]
THIS AGREEMENT is made and entered into as of the _____ day of ____________________, 2024, by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Stommel, Inc., dba LEHR Auto Electric, a California Corporation ("Contractor") (collectively, the “Parties”).

RECITALS
City requires the services of a contractor specifically trained and experienced in installation, repair and service of police vehicle equipment, including full installations of emergency equipment on police vehicles, which are outside of services offered by City. Contractor customarily engages in these services as part of its independently-established trade, occupation, and/or business, separately from its work for City. Contractor has the necessary experience in providing these services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work.

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

1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A,” attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement.

2. Term. Unless earlier terminated, this Agreement will be effective from the date first above written to June 30, 2026.

3. Compensation. The total fee payable for the Services to be performed will be a notto-exceed amount of three-hundred thousand dollars ($300,000): not to exceed one-hundred fifty thousand dollars ($150,000) for fiscal year 24/25 (July 1 – June 30) and not to exceed one-hundred fifty thousand dollars ($150,000) for fiscal year 25/26 (July 1 – June 30). Payment will be made pursuant to Exhibit “A.” No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.”

4. Status of Contractor. Contractor will perform the Services as an independent contractor, free from the control and direction of City, in pursuit of Contractor’s independent calling, and not as an employee of City. The persons used by Contractor to provide the Services under this Agreement will not be considered employees of City for any purposes whatsoever and City will not pay any tax, workers’ compensation insurance, retirement contributions or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment, including, but not limited to, those based on any provision of the Federal Affordable Care Act, which City may be required to make on behalf of Contractor or any agent, employee, or contractor of Contractor for work done under this Agreement. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Contractor.

5. Indemnification. Contractor will hold harmless, defend and indemnify City and its officers, agents and employees from and against any and all claims, demands, costs or liability including attorney fees arising out of or in any way connected with the performance of this Agreement, caused in whole or in part by any act or omission of the Contractor, any of its subcontractors, anyone directly

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City Attorney Approved Version 052522
2 or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extent caused by the active negligence, sole negligence, or willful misconduct of City.

6. Insurance. Contractor will obtain and maintain, at its cost and expense, policies of commercial general liability insurance, automobile liability insurance, workers' compensation and employers liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A:VII in an amount of not less than one million dollars ($1,000,000) each, except for commercial general liability and worker’s compensation, unless otherwise authorized and approved by the Risk Manager or the City Manager in consultation with the City Attorney. Commercial general liability will be set at two million dollars ($2,000,000) and worker’s compensation limits, if applicable, will be set at those limits required by the California Labor Code. Contractor will obtain occurrence coverage.

The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City, its officers, agents, volunteers and employees will be named as additional insureds on commercial general and automobile liability insurance. Contractor’s insurance coverage will be primary insurance with respect to City, its officers, agents, volunteers and employees. Any insurance or self-insurance maintained by the City will be in excess of Contractor’s insurance and not contributory with it. Contractor will furnish certificates of insurance for all policies, and endorsements for commercial general liability policies, to City prior to City’s execution of this Agreement. The policies shall contain a waiver of subrogation for the benefit of City.

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

8. Compliance With Laws. Contractor will comply with all applicable local, state and federal laws and regulations including, but not limited to, those related to air pollution control and those prohibiting discrimination and harassment; and will obtain and maintain a City of Brentwood Business License for the term of this Agreement.

9. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Brentwood to terminate this Agreement.

10. Other Contractors. The City reserves the right to employ other contractors in connection with the Services.

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

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

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3 13. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally, by facsimile or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:

For City: For Contractor:

City of Brentwood LEHR Auto Electric
150 City Park Way 661 Garcia Avenue
Brentwood, CA 94513 Pittsburg, CA 94565
Phone No.: 925-809-7765 Phone No.: 925-370-2144
Email: [email protected] Email: [email protected] Attn: Lieutenant Michael Thompson Attn: Mike McGee
Either party may change its address for purposes of this section by giving the other party written notice of the new address in the manner set forth above.

14. Assignment. Contractor may not assign this Agreement or any part of it, or any monies due or to become due under it, without the prior written consent of City.

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

16. Termination. In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor in writing pursuant to the notice provisions of this Agreement. If applicable, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all work product and work in progress prepared by Contractor, whether located at the project, at Contractor's place of business, or at the offices of a subcontractor.

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

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

18. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons

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City Attorney Approved Version 052522
4 or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

19. Signatures.

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

19.2 Digital/Electronic Signatures. Using a City-approved method, this Agreement may be executed through the use of digital or electronic signatures in accordance with Government Code Section 16.5. The presence of an electronic signature on this Agreement will be construed as the Parties’ consent to do business electronically.

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

CONTRACTOR:
* By:

Jim Stommel, President/Secretary

CITY:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

By:

Katherine Wisinski, City Attorney

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5 EXHIBIT “A”

SCOPE OF SERVICES

1. Contractor will have the ability to supply all labor, materials, supplies, and equipment necessary to perform emergency equipment installations, repairs and maintenance on police vehicles and radios as requested.

2. A “full build” is outfitting a vehicle with light bar, siren control box, in car mobile camera system, police radio, MOS (Mobile Data System) computer, prisoner partition, molded prisoner back seat, push bumper, radar unit, additional lighting in headlights, tail lamps, reverse lights and mirrors and any other emergency equipment identified at the start of the build.

3. Each full build emergency vehicle installation will be completed as requested within two weeks of the date of delivery.

4. The total full build installation price per patrol vehicle will be based on time and material with an estimate to be provided in writing before work commences. Strip-out rate will be $125/hour, outfit rate will be $125/hour, and roundtrip transportation of vehicle will be $250.

5. Invoices for services will be mailed to the City and will be due and payable within thirty days of the invoice date.

6. Any item determined to not meet contract specifications may be returned for corrections and repairs at no cost to City.

7. All warranties existing on parts placed on police vehicles will be utilized if the part is determined to be defective.

8. Contractor shall perform services in a manner commensurate with the highest professional standards by qualified and experienced personnel.

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RECOMMEND: VENDOR:

REASON: ADDRESS:

QUOTE DATE:

PHONE:

CONTACT:

EMAIL:

ITEM # QTY DESCRIPTION UNIT TOTAL UNIT TOTAL UNIT TOTAL 1 Hourly Rate for stripout $125.00 $165.00 No Bid
2 Hourly Rate for Outfitting $125.00 $165.00
3 Transportation of Vehicle Round Trip Flate Rate $250.00 $170.00 4 5
6 7
2nd Lowest Bid
Lowest
Bid
$ 500.00 $ 500.00
Local Preference 0.00% TOTAL: $500.00 $500.00 No Bid
[email protected] [email protected] [email protected]; [email protected] 425 Harbor Blvd. Suite 6 Belmont, CA 94002
5/17/2024 No Bid
661 Garcia Ave., Pittsburg, CA 94565
TABULATION OF BIDS MATERIAL DESCRIPTION: Vehicle Installation Multiple Awards
Vendors sometimes get backlogged and can go for extended periods of time to get vehicles ready for service. We recommend awarding both vendors in case one is unable to provide service in the time frame needed for Public Safety. We will prioritize LEHR based on the lower hourly labor rate which will be the majority of the cost.

Mike McGee Tye Whidby Marc and David Farber
209-879-4733
5/15/2024
925-303-9513 707-435-9233
Stommel Inc. dba LEHR Wattco Equipment Inc. Priority 1 Public Safety Equipment 2230 Cordelia Rd. Fairfield, CA 94534

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CITY COUNCIL / BIFA AGENDA ITEM NO. F.5
08/13/2024
SUBJECT: Proposed refunding of the outstanding Water Revenue Refunding Bonds, Series 2014, through the issuance of Water Revenue Refunding Bonds, Series 2024, and appointing financing team members.

DEPARTMENT: Finance and Information Systems
STAFF: Kerry Breen, City Treasurer and Director of Finance and Information Systems
Christine Andrews, Assistant Director of Finance and Information Systems

TITLE/RECOMMENDATION
Adopt two Resolutions, one by the City Council and one by the Brentwood Infrastructure Financing Authority (“BIFA”): 1) appointing Del Rio Advisors, LLC as Municipal Advisor; RBC Capital Markets, LLC as Underwriter; Orrick, Herrington & Sutcliffe LLP as Bond and Disclosure Counsel, and 2) directing City staff to commence preparations to refund the Water Revenue Refunding Bonds, Series 2014, and to return to the City Council /BIFA Board once the related documents have been prepared for approval.

FISCAL IMPACT
Upon the successful sale and closing of the proposed 2024 Water Revenue Refunding Bonds, based on market conditions as of June 28, 2024, the expected annual savings to the Water Enterprise Fund is approximately $218,550 per year from FY 2025 to 2038. The total savings equate to $3,059,706 with net present value savings of $2,500,711 or 8.25% of the outstanding bonds.

The Municipal Advisor, Underwriter, and Bond and Disclosure Counsel (“Financing Team”) would only be compensated if the refunding transaction is successfully completed. The Water Enterprise Fund would be responsible for the costs associated with obtaining a credit rating, estimated to be approximately $25,000, even if the transaction does not close. All anticipated costs are accounted for and included in the savings estimates provided above.

BACKGROUND
BIFA issued Water Revenue Bonds, Series 2008 (the “2008 Bonds”), in the original amount of $53,200,000. The proceeds of the 2008 Bonds were used to refund and defease (or retire early) bonds issued in 1996 outstanding in the amount of

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CITY COUNCIL / BIFA AGENDA ITEM NO. F.5
08/13/2024
$9,635,000 at the time of the refunding and to repay $41,000,000 of commercial paper issued by Contra Costa Water District. The proceeds of the commercial paper program were used to construct the City’s Surface Water Treatment Facility Phases I and II, currently known as the Brentwood Water Treatment Plant.

In 2014, BIFA issued Water Revenue Refunding Bonds, Series 2014, to partially refund and defease $43,335,000 of the 2008 Bonds callable on July 1, 2018 with maturities ranging from July 1, 2019 to July 1, 2038. The remaining maturities in the amount of $5,420,000 ranging from July 1, 2015 to July 1, 2018 were noncallable at the time of the refunding and were left outstanding.

Given current market conditions and the fact that the 2014 Bonds are callable beginning July 1, 2024, there is an opportunity to refund the 2014 Bonds through the issuance of Water Revenue Refunding Bonds, Series 2024 (the “2024” Bonds”) to generate significant savings to the Water Enterprise Fund. The proposed 2024 Bonds are a refunding only for economic savings and the term of the bonds will remaining the same as the outstanding 2014 Bonds.

Below is a table showing the current estimates for the refunding economics, assuming market interest rates and yields as of June 28, 2024:

Amount Outstanding $30,325,000
2014 Bonds Interest Rates 5.00%
Estimated Principal Amount $27,655,000
Estimated Cost of Issuance* $431,918
Total Savings $3,059,706
Net Present Value Savings (“NPV”) $2,500,711
NPV Savings Percentage 8.25%
Average Annual Savings (FYs 2025 to 2038) $218,550
Final Maturity (No Extension of Term) July 1, 2038
True Interest Cost 3.16%
All-In True Interest Cost 3.30%
Following is a schedule of the annual savings on the proposed 2024 Bonds:
*Includes estimated fees and expenses of the Underwriter, Bond and Disclosure Counsel, the Municipal Advisor, rating agency and rounding / miscellaneous. Assumes “AA” S&P Global underlying rating.

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CITY COUNCIL / BIFA AGENDA ITEM NO. F.5
08/13/2024
On July 16th, staff met with the FY 2023/24 – 2025/26 Budget Review Committee to discuss this potential refunding opportunity. The Committee recommended that staff bring this item to the full Council for Consideration.

Should the City Council and the BIFA Board choose to move forward on the refunding, the Financing Team the schedule on the following page. Staff would bring all required documents to the meeting of September 10th for final approval, which would allow the refunding to be completed prior to potential bond market uncertainty around the time of the national election.

Date Task

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CITY COUNCIL / BIFA AGENDA ITEM NO. F.5
08/13/2024
July 16 FY 2023/24 – 2025/26 Budget Review Committee Meeting July 17 – August 12 Draft documents and preliminary official statement (“POS”) August 13 City Council / BIFA Meeting (Refunding Briefing and Hire Financing Team)
Week of August 19 Rating Presentation
Week of September 2 Rating Released
September 10 City Council / BIFA Meeting (Approve Financing and Related Documents)
Week of September 16 • Due Diligence Call
• Post POS
October 2 Bond Pricing
Week of October 7 • FOS Printed
• Documents Executed
October 16 Closing

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
This item does not require any CEQA evaluation since it is simply a proposed refunding of existing bonds for economic savings, and it can thus be seen with certainty that there is no possibility that it may have a significant effect on the environment. Thus, per 14 CCR § 15061(b)(3), this action is exempt from further CEQA review.

ALTERNATIVE OPTION
Note: Green indicates completed steps

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CITY COUNCIL / BIFA AGENDA ITEM NO. F.5
08/13/2024
The City Council / BIFA Board could choose not to move forward on the refunding at this time.

ATTACHMENTS

1. Previous Action

2. BIFA Resolution Authorizing Staff to Evaluate Refunding of 2014 Bonds

3. City Council Resolution Authorizing Staff to Evaluate Refunding of 2014 Bonds

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ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the City 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 November 26, 1996, the City Council approved Resolution No. 96-206, authorizing and approving the issuance of Water and Sewer Revenue Bonds, 1996 Series A, in an amount of $12,195,000 of which $9,701,123 was for water and $2,493,877 was for sewer.

On November 26, 1996, the Brentwood Infrastructure Financing Authority (“the Authority”) approved BIFA Resolution No. 96-4 authorizing and approving the issuance of Water and Sewer Revenue Bonds, 1996 Series A, in an amount of $12,195,000 of which $9,701,123 was for water and $2,493,877 was for sewer.

On August 24, 2004, by Resolution No. 2004-206, the City Council authorized the City Manager to execute an agreement with the Contra Costa Water District (“CCWD”) pertaining to long-term treated water services as a part of the Surface Water Treatment Facility - Phase II, CIP Project No. 562-56290.

On September 11, 2007, the City Council approved Resolution No. 2007-209, approving and authorizing the City Manager to execute a second amendatory agreement with the CCWD pertaining to long-term treated water services as a part of the Surface Water Treatment Facility Project.

On September 9, 2008, the City Council approved Resolution No. 2008-236, authorizing the execution of a Master Installment Sale Agreement, a First Supplemental Installment Sale Agreement with the Authority and a Bond Purchase Contract with said Authority and RBC Capital Markets Corporation in connection with the refunding of a portion of the Authority’s outstanding Water and Sewer Revenue Bonds, 1996 Series A, and the financing and refinancing of the City’s 2008 Water Project.

On September 9, 2008, the Authority approved Resolution BIFA-17, authorizing the issuance of Brentwood Infrastructure Financing Authority Water Revenue Bonds, Series 2008, and the execution and delivery of a Master Trust Agreement, a First Supplemental Trust Agreement, a Master Installment Sale Agreement, a First Supplemental Installment Sale Agreement, a Bond Purchase Contract, and an Official Statement in connection therewith and approving a preliminary official statement therefore and delegating to the Secretary of the Authority the power to authorize the sale of said bonds and to take certain related actions in connection therewith.

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On November 25, 2014, the City Council approved Resolution 2014-174, 1) authorizing execution of a second supplemental installment sale agreement and a bond purchase contract in connection with the issuance of Brentwood Infrastructure Financing Authority Water Revenue Refunding Bonds, Series 2014 and authorizing certain related actions in connection therewith, and 2) appointing RBC Capital Markets, LLC as underwriter, Orrick, Herrington & Sutcliffe LLP as the bond and disclosure counsel, and Del Rio Advisors, LLC as the municipal advisor.

On November 25, 2014, the Authority approved Resolution BIFA-25, 1) authorizing the issuance of Brentwood Infrastructure Financing Authority Water Revenue Refunding Bonds, Series, 2014 and the execution and delivery of a second supplemental trust agreement, a second supplemental installment sale agreement, a bond purchase contract and an official statement in connection therewith and authorizing certain related actions in connection therewith, and 2) appointing RBC Capital Markets, LLC as underwriter, Orrick, Herrington & Sutcliffe LLP as the bond and disclosure counsel, and Del Rio Advisors, LLC as the municipal advisor.

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4151-4459-3489.3
RESOLUTION NO. BIFA -

A RESOLUTION OF THE BRENTWOOD INFRASTRUCTURE

FINANCING AUTHORITY DIRECTING THE COMMENCEMENT OF

PREPARATIONS TO REFUND THE BRENTWOOD

INFRASTRUCTURE FINANCING AUTHORITY WATER REVENUE
REFUNDING BONDS, SERIES 2014
WHEREAS, the Brentwood Infrastructure Finance Authority (the “Authority”) previously issued its Brentwood Infrastructure Financing Authority Water Revenue Refunding Bonds, Series 2014 (the “Prior Bonds”) to provide funds to refund a portion of the Authority’s Water Revenue Bonds, Series 2008; and WHEREAS, the Authority desires to evaluate the refunding of all or a portion of the outstanding Prior Bonds; and
WHEREAS, to refund the Prior Bonds it will be necessary for the City of Brentwood (the “City”) to enter into an installment payment financing transaction with the Authority and for the Authority and the City to take certain other actions in connection therewith; and
WHEREAS, the Authority desires to appoint and employ certain consultants to assist the City and the Authority in connection with the proposed refunding.

NOW, THEREFORE, BE IT RESOLVED by the Governing Board (the “Board”) of the Brentwood Infrastructure Financing Authority, as follows:

Section 1. The Board finds and determines that the foregoing recitals are true and correct. The Board hereby directs the officers and employees of the Authority to commence preparations for the refunding of the Prior Bonds and to return to the Board once the related documents have been prepared for approval.

Section 2. The firm of Del Rio Advisors, LLC, is hereby appointed municipal advisor in connection with the refunding of the Prior Bonds. The firm of RBC Capital Markets, LLC, is hereby appointed underwriter in connection with the refunding of the Prior Bonds. The firm of Orrick, Herrington & Sutcliffe LLP is hereby appointed as bond counsel and disclosure counsel in connection with the refunding of the Prior Bonds.

Section 3. The officers, employees and agents of the Authority, each acting alone, are hereby authorized and directed to do any and all things which they deem necessary or advisable in order to carry out the purposes of this resolution. Such actions heretofore taken by such officers, employees and agents are hereby ratified, confirmed and approved.

Section 4. This resolution shall take effect immediately upon its passage.

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2 4151-4459-3489.3
PASSED, APPROVED, AND ADOPTED this 13th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:
____________________________________
Joel Bryant, Chair of the Brentwood
Infrastructure Financing Authority
ATTEST:
______________________________________
Margaret Wimberly, Secretary of the Brentwood
Infrastructure Financing Authority

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4151-4459-3489.3
SECRETARY’S CERTIFICATE
I, Margaret Wimberly, Secretary of the Brentwood Infrastructure Financing Authority, do hereby certify as follows:

The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Governing Board of said Authority duly held at the regular meeting place thereof on the 13th day of August, 2024, of which meeting all of the members of said Governing Board had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

An agenda of said meeting was posted at least 72 hours before said meeting at City Hall, 150 City Park Way, Brentwood, California, a location freely accessible to members of the public, and posted online in accordance with all applicable laws, and a brief description of said resolution appeared on said agenda.

I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.

Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: ____________, 2024.
____________________________________
Secretary of the Brentwood Infrastructure
Financing Authority

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4157-6725-1025.3
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD DIRECTING THE COMMENCEMENT OF

PREPARATIONS TO REFUND THE BRENTWOOD

INFRASTRUCTURE FINANCING AUTHORITY WATER REVENUE
REFUNDING BONDS, SERIES 2014
WHEREAS, the Brentwood Infrastructure Finance Authority previously issued its Brentwood Infrastructure Financing Authority Water Revenue Refunding Bonds, Series 2014 (the “Prior Bonds”) to provide funds to refund a portion of the Authority’s Water Revenue Bonds, Series 2008; and
WHEREAS, the City desires to evaluate the refunding of all or a portion of the outstanding Prior Bonds; and
WHEREAS, to refund the Prior Bonds it will be necessary for the City to enter into an installment payment financing transaction with the Authority and take certain other actions in connection therewith; and
WHEREAS, the Budget Review Committee considered this potential refunding on July 16 and directed staff to bring it to the full Council for consideration; and
WHEREAS, the City desires to appoint and employ certain consultants to assist the City and the Authority in connection with the proposed refunding.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, as follows:

Section 1. The City Council finds and determines that the foregoing recitals are true and correct. The City Council hereby directs the officers and employees of the City to commence preparations for the refunding of the Prior Bonds and to return to the City Council once the related documents have been prepared for approval.

Section 3. The officers, employees and agents of the City, each acting alone, are hereby authorized and directed to do any and all things which they deem necessary or advisable in order to carry out the purposes of this resolution. Such actions heretofore taken by such officers, employees and agents are hereby ratified, confirmed and approved.

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2 4157-6725-1025.3
Section 4. This resolution shall take effect immediately upon its passage.

PASSED, APPROVED, AND ADOPTED this 13th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:
____________________________________
Joel Bryant, Mayor
(SEAL)
ATTEST:
_________________________________
Margaret Wimberly, City Clerk

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4157-6725-1025.3
CLERK’S CERTIFICATE
I, Margaret Wimberly, City Clerk of the City of Brentwood, do hereby certify as follows:

The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said City duly held at the regular meeting place thereof on the 13th day of August, 2024, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: ____________, 2024.
________________________________________
City Clerk of
the City of Brentwood
[SEAL]

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CITY COUNCIL AGENDA ITEM NO. F.6
08/13/2024
SUBJECT: Notice of Completion for the work performed by Luma Engineering Contractors Inc. for the Creekside Park Pickleball Courts Project, CIP Project No. 352-52441.

DEPARTMENT: Parks and Recreation
STAFF: Aaron Wanden, Park Maintenance Manager
Elaine McGurk, Project Services Specialist

TITLE/RECOMMENDATION
Adopt a Resolution accepting the work performed by Luma Engineering Contractors Inc. for the Creekside Park Pickleball Courts Project, CIP Project No. 352-52441 and file a Notice of Completion with the County Recorder.

FISCAL IMPACT
The total contract amount for the work performed by Luma Engineering Contractors Inc. is as follows:

Contractor Final Amount Council Approved Amount
Luma Engineering Contractors Inc. $408,355.74 $408,718.69 Including the total contract final amount of $408,355.74, the final total cost of the Creekside Park Pickleball Courts Project was $449,804 (which includes fees for planning and design), just under the City Council approved budget amount of $451,806.

The project was funded by the General Fund (68%) and Developer Fees (32%).

BACKGROUND
On February 26, 2019, City Council adopted the Parks, Trails and Recreation Master Plan Update that included pickleball courts at Creekside Park. The Project was later identified as a Strategic Initiative in the City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22 that was adopted on February 25, 2020. With the COVID19 pandemic, City Council re-evaluated the Strategic Plan and numerous projects were placed on a Funding Deferred Projects Holding List due to unknown budget implications related to the pandemic. On July 14, 2020, the City Council adopted Resolution 2020-96 amending the City of Brentwood Strategic Plan FY 2020/21 – FY

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CITY COUNCIL AGENDA ITEM NO. F.6
08/13/2024
2021/22 that reflected the changes in the project list. On June 22, 2021, the Project had the funding reinstated in the action that adopted the amended Operating Budgets and the 2021/22 - 2025/26 Capital Improvement Program.

On July 28, 2022, the Park and Recreation Commission approved the initial conceptual plan with a four-court schematic and directed staff to proceed with the hiring of a project consultant for the design work. On October 11, 2022, Wood Rodgers held a kickoff meeting at Creekside Park with staff and the Park and Recreation Commission Ad-Hoc Committee. On December 22, 2022, the Park and Recreation Commission approved the updated Pickleball Conceptual Plan which included relocating the half- court basketball court.

Formal bid documents were made available to the public on June 13, 2023 and a mandatory bidder’s conference was held on June 27, 2023 at the Creekside Park tennis courts, which was attended by three staff members and four contractors. The bid opening was held on July 5, 2023, and a total of three (3) bids were received.

Luma Engineering Contractors Inc. submitted the lowest responsible and responsive bid in the amount of $371,562.45, plus a 10% contingency of $37,156.24 for a total not to exceed amount of $408,718.69.

On July 25, 2023, by Resolution 2023-91, City Council approved awarding the bid to Luma Engineering Contractors Inc. for the Creekside Park Pickleball Courts, CIP Project No. 352-52441 as the lowest responsible and responsive bidder.

The work commenced on September 18, 2023, and due to the wintery weather, staff had to suspend the work on January 5, 2024. The work reconvened March 18, 2024 and was completed May 16, 2024. Luma Engineering Contractors Inc. has met it contractual obligation, and staff is recommending that the work performed by Luma Engineering Contractors Inc. for the Creekside Park Pickleball Courts, CIP Project No. 352-52441 be accepted and the Notice of Completion be filed with the County Recorder.

Below are photos of the completed project.

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CITY COUNCIL AGENDA ITEM NO. F.6
08/13/2024

CITY COUNCIL STRATEGIC INITIATIVE
The pursuit of this Project aligns with direction in the City Council’s goals and objectives in the Focus Area 5 - Parks & Recreation Services as follows:

2. The short-term initiatives that included the Creekside Park Pickleball Courts were put on hold for a year due to the pandemic. They were reinstated with approval of the budget process in the summer of 2021.

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

DATE OF NOTICE
Not Applicable.

ENVIRONMENTAL DETERMINATION
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. F.6
08/13/2024

ALTERNATIVE OPTION(S)
Not Applicable.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Notice of Completion

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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.

On February 26, 2019, City Council adopted Resolution No. 2019-21 adopting the Parks, Trails and Recreation Master Plan Update.

On July 14, 2020, the City Council adopted Resolution 2020-96 to amend the City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22.

On February 9, 2021, the City Council received an update on the Amended City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22 and Funding Deferred Projects Holding List.

On June 22, 2021, by Resolution 2021-76, City Council amended the 2021/22 – 2025/26 Capital Improvement Program (CIP), to add the Creekside Park Pickleball Courts Project, CIP Project No. 352-52441 in the amount of $302,000.

On July 25, 2024, by Resolution 2023-91, City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents, including the use of contingency amounts, for Creekside Park Pickleball Courts Project, CIP Project No. 352-52441 to Luma Engineering Contractors Inc., as the lowest responsible and responsive bidder in the amount of $371,562.45, plus funding authorization for a 10% contingency amount of $37,156.24 for additional services for a total authorization not to exceed amount of $408,718.69, 2) amended the FY 2023/24 – 2026/27 Capital Improvement Program (CIP), and 3) amended the 2023/24 Operating Budget for the associated project funding transfers.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

ACCEPTING THE WORK PERFORMED BY LUMA ENGINEERING
CONTRACTORS INC. FOR THE CREEKSIDE PARK PICKLEBALL COURTS PROJECT, CIP PROJECT NO. 352-52441 AND FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER.

WHEREAS, on February 26, 2019, City Council adopted Resolution No. 2019-21 adopting the Parks, Trails and Recreation Master Plan Update; and WHEREAS, on July 14, 2020, the City Council adopted Resolution 2020-96 to amend the City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22; and WHEREAS, on February 9, 2021, the City Council received an update on the Amended City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22 and Funding Deferred Projects Holding List; and
WHEREAS, On June 22, 2021, by Resolution 2021-76, City Council amended the 2021/22 – 2025/26 Capital Improvement Program (CIP), to add the Creekside Park Pickleball Courts Project, CIP Project No. 352-52441 in the amount of $302,000; and WHEREAS, on July 28, 2022, the Park and Recreation Commission approved the initial conceptual plan with a four-court schematic and asked staff to proceed with hiring of a project consultant for the design work; and
WHEREAS, on October 11, 2022 Wood-Rodgers held its kick off meeting with City staff and Park and Recreation Commission Ad-Hoc Committee Members Trevor Frey and Norman Cohen; and
WHEREAS, on December 22, 2022, the Park and Recreation Commission approved the updated Pickleball Conceptual Plan; and
WHEREAS, staff solicited for bids on June 13, 2023, and three (3) bids were received on July 5, 2023; and
WHEREAS, on July 25, 2023, by Resolution 2023-9, City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents, including the use of contingency amounts, for Creekside Park Pickleball Courts Project, CIP Project No. 352-52441 to Luma Engineering Contractors Inc., as the lowest responsible and responsive bidder in the amount of $382,767, plus funding authorization for a 10% contingency amount of $37,156.24 for additional services, for a total authorization not to exceed amount of $408,718.69, 2) amended the FY 2023/24 – 2026/27 Capital Improvement Program (CIP), and 3) amended the 2023/24 Operating Budget for the associated project funding transfers;
WHEREAS, Luma Engineering Contracts Inc. has met its contractual obligation and staff is recommending that the work performed by Luma Engineering Contractors Inc. for the Creekside Park Pickleball Courts Project, CIP Project No. 352-52441 be accepted and the Notice of Completion filed with the County Recorder.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby adopts a Resolution accepting the work performed by Luma Engineering Contractors Inc. for the Creekside Park Pickleball Courts Project, CIP Project No. 352-52441 and directs staff to file a Notice of Completion with the County Recorder.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on August 13, 2024 by the following vote:

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NOTICE OF COMPLETION
Recording Requested By:

City of Brentwood
When Recorded Mail To:

City Clerk
City of Brentwood
150 City Park Way
Brentwood, CA 94513
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. City’s full name is the City of Brentwood.

3. City’s address is 150 City Park Way, Brentwood, CA 94513.

4. The nature of City’s interest in the Project is:
_X_ Fee ownership __ Lessee __ Other:________________________

5. Construction work on the Project performed on City’s behalf is generally described as follows: Construction of the Creekside Park Pickleball Courts Project.

6. The name of the original Contractor for the Project is: Luma Engineering Contractors Inc.

7. The Project was completed on: May 16, 2024

8. The Project is located at: Creekside Park Pickleball Courts, 1010 Claremont Drive, Brentwood, CA 94513
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date Signature of Person Signing on Behalf of City
City of Brentwood, CA ________________________________
Margaret Wimberly, City Clerk

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CITY COUNCIL AGENDA ITEM NO. G.1
08/13/2024
SUBJECT: Annexation #16 to Community Facilities District No. 5.

DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Debra Galey, Senior Analyst

TITLE/RECOMMENDATION
Staff recommends that the City Council:

1. Hold the public hearing regarding the annexation of territory to the City of Brentwood (“City”) Community Facilities District No. 5 (“CFD No. 5”);

2. Adopt a Resolution determining to annex territory to CFD No. 5 and calling a special election for CFD No. 5;

3. Conduct the special election for the annexation of territory to CFD No. 5; and

4. Adopt a Resolution determining the results of the special election for the annexation of territory to CFD No. 5.

This action has been reviewed under the criteria contained in the California Environmental Quality Act (“CEQA,” as codified at Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.) and the City's environmental regulations. The action is not subject to CEQA pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3), as it will not result in a direct or reasonably foreseeable indirect physical change to the environment because there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378.

FISCAL IMPACT
Annexation of property will provide approximately $181,290 in additional revenue (in FY 2024/25 Dollars) for CFD facilities and services on an annual basis, once development occurs. Funds are deposited with the City by the developers to cover costs associated with the annexation of property into the Community Facilities Districts (“CFDs”).

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CITY COUNCIL AGENDA ITEM NO. G.1
08/13/2024

BACKGROUND
CFDs are a funding mechanism for the increased public facilities and services provided by the City necessitated by new development. These facilities and services include:
 Public Protection and Safety
 Community Amenities (e.g., Community Center and library)  Joint Use School Sites
 Flood and Storm Drainage Improvements
 Roadway Maintenance
 Utility Undergrounding
As a Standard Condition of Approval, all new development is required to mitigate the impacts of their project. As such, many property owners elect to annex into the CFD as a means to fund the services and facilities provided to address the additional growth and associated impacts. Funding is collected by the levying of an annual special tax at a rate that was previously set when the CFD was formed ($909.40/single-family residential parcel, $454.70/multi-family residential unit and $6,793.33/acre non-residential parcels (in FY 2024/25 dollars)). Parcels are eligible to have the special tax be levied against them the fiscal year following the issuance of a building permit.

The proposed boundary and development project of the area to be annexed under Annexation#16 is shown as Exhibit “A” to the attached resolution. The annexation includes 63 single-family homes developed by Trumark Homes south of Apricot Way (Trailside Trumark), 94 single-family homes developed by Meritage Homes along Hanson Lane, 5 single-family homes developed by Leeanne and Joseph Alfaro along Lone Tree Way (Trinity Estates), and 23 commercial acres developed by Costco.

The property owners within the annexation boundary have been provided a “Waiver and Consent” form, along with the special election ballot to cast their vote. At the conclusion of the public hearing, a two-thirds majority of the qualified voters returning ballots (and 100% of the consent forms) in the affirmative will allow the completion of the annexation of the properties into CFD No. 5.

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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CITY COUNCIL AGENDA ITEM NO. G.1
08/13/2024

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

DATE OF NOTICE
As required by law, notice of the public hearing to annex territory to CFD. No.5 was published in the Brentwood Press on August 2, 2024.

ENVIRONMENTAL DETERMINATION
This action has been reviewed under the criteria contained in the California Environmental Quality Act (“CEQA,” as codified at Public Resources Code §§ 21000, et seq., and as further governed by the State CEQA Guidelines, found at 14 CCR §§ 15000, et seq.) and the City's environmental regulations. The action is not subject to CEQA pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3), as it will not result in a direct or reasonably foreseeable indirect physical change to the environment because there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378.

ALTERNATIVE OPTION(S)

1. Do not conduct the election to annex the four new development projects into CFD No.5.

2. Require the development projects to provide an alternate means of funding City services otherwise covered by the CFD provided to address development impacts.

ATTACHMENT(S)

1. Previous Action

2. Citywide CFD Exhibit

3. Resolution – Calling a Special Election

4. Resolution – Determining Election Results

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Attachment 1

PREVIOUS ACTION
Previous actions related to this agenda item that were taken by the City 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 March 12, 2002, by Resolution No. 2489, t h e City Council adopted Local Goals, Policies and Appraisal Standards Concerning the Use of the Community Facilities Act of 1982.

On June 26, 2007, by Resolution Nos. 2007-152, 2007-153 and 2007-154, the City Council established the formation of CFD No. 5.

On June 25, 2024, by Resolutions 2024-70 and 2024-71, the City Council initiated annexation of property to CFD. No.5.

The City Council has taken numerous additional actions since 2002 to annex property into the various Community Facilities Districts.

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µ
0 0.25 0.5 1 Miles
Legend
Brentwood Boundary
CFD 5 Annexation #16 Parcels
Existing CFDs Parcels
City of Brentwood
CFD 5 Annexation #16

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD DETERMINING TO ANNEX TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 5, CITY OF

BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF

CALIFORNIA, AND CALLING A SPECIAL ELECTION TO SUBMIT

TO THE LANDOWNERS IN THE TERRITORY PROPOSED FOR

ANNEXATION TO THE COMMUNITY FACILITIES DISTRICT THE
QUESTION OF SUCH ANNEXATION.
(Annexation #16)
WHEREAS, the City Council (the “Council”) of the City of Brentwood (the “City”), has duly adopted Resolution No. 2024-71, on June 25, 2024 (the “Resolution”), determined, under the terms and provisions of the “Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”), that the public convenience and necessity require that certain territory more particularly described in the Resolution (the “Territory”) be annexed to the existing Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California (“CFD No. 5”); and WHEREAS, the Resolution fixed Tuesday, the 13th day of August 2024, at the hour of 7:00 p.m., or as soon thereafter as the Council may reach the matter, at the regular meeting of the City Council, has been fixed as the time and place for a public hearing to be held by the Council to consider the proposed annexation of the Territory to CFD No. 5 and all other matters set forth in the Resolution, and notice of such public hearing was duly given as provided in the Resolution; and WHEREAS, the Annexation #16 Boundary Map was recorded in the office of the County Recorder of the County of Contra Costa on July 2, 2024 in Book 90 of Maps of Assessment and Community Facilities Districts at Page 47; and WHEREAS, pursuant to the Resolution, such public hearing was duly convened by the Council at the time and place appointed; therefore, and at such public hearing the Council considered the proposed annexation of the Territory to CFD No. 5 and any other matters set forth in the Resolution, and at such public hearing all persons interested, including all taxpayers, property owners and registered voters within CFD No. 5 and within the Territory, were given an opportunity to appear and be heard, and the testimony of all interested persons or taxpayers for or against such proposed annexation or any other matters set forth in the Resolution was heard and considered; and
WHEREAS, the Council is fully advised in this matter.

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Page 2 of 4 ends

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood as follows:

Section 1. The above recitals are true and correct, and the Council so finds and determines.

Section 2. The Council hereby accepts the Certificate of the Clerk that 100% of the voters eligible to vote in this election have delivered to the Clerk properly executed waivers in the form approved.

Section 3. The Council hereby determines to call a special election to submit to the landowners in the Territory (which landowners are the electors qualified to vote at such special election) the question of annexing the Territory to CFD No. 5, and in connection with such election, the Council finds and determines that all landowners in the Territory have waived any and all time periods relative to such election pursuant to California Government Code Section 53326(a), and they have waived the preparation and distribution of an impartial analysis of the ballot proposition, as well as arguments in favor and against such proposition, pursuant to California Government Code Section 53327(b), and they have waived the requirement to publish notice of the election pursuant to California Government Code Section 53352, and they have waived the requirements regarding the time to mail ballots pursuant to California Elections Code Section 4101, and they have agreed to accept either mailed service or personal service of the ballots, and they have waived the requirements regarding identification envelopes for the return of mailed ballots pursuant to California Government Code Section 53327.5, and they have requested that the election be expedited.

Section 4. The Council finds and determines that written protests to such proposed annexation are insufficient in number and in amount under the Act and that such proposed annexation has not been precluded by a majority protest as provided in the Resolution; and accordingly the Council hereby orders that all protests to such proposed annexation are hereby overruled.

Section 5. The Council hereby incorporates the Resolution, and reconfirms all of its findings and determinations contained therein, and if such proposed annexation is approved at the election called by this resolution, the Territory shall be annexed to and shall become a part of CFD No. 5; and upon recordation of a notice of special tax lien pursuant to Section 3117.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of such special tax shall attach to all nonexempt real property in CFD No. 5 (as constituted after such election), which lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien cancelled in accordance with law or until collection of such special tax by the Council ceases, or until June 30, 2107, whichever is earlier.

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Page 3 of 4 ends

Section 6. A special election shall be and is hereby called and ordered to be held in the Territory on Tuesday, August 13, 2024 at 7:00 p.m., or as soon thereafter as the Council may reach the matter, in accordance with and subject to the Act and applicable law and the terms hereof, at which special election there shall be submitted to the landowners in the Territory the question of annexing the Territory to CFD No. 5, and the ballot proposition for use at such special election shall be as follows:

Shall the parcels of land as described in Resolution Nos. 2024-70 and 2024-71 adopted by the City Council of the City of Brentwood on June 25, 2024, be annexed to Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California, and be subject to the special tax and to the obligations for bonded indebtedness to the same extent as all parcels of land already within CFD No. 5.

Section 7. The City Clerk (the “Clerk”) is hereby designated as the official to conduct such special election in accordance with and subject to the Act and applicable law and the following provisions of this resolution:
(a) Such special election shall be held and conducted, and the vote thereat canvassed and the returns thereof made, and the results thereof ascertained and determined, as provided herein; and in all particulars not prescribed by this resolution such special election shall be held and conducted and the votes received and canvassed in the manner provided by law for the holding of general elections in the City that are consistent with the Act.
(b) All landowners within the Territory upon the date of such special election herein called shall be qualified to vote upon the proposition to annex the Territory to CFD No. 5 to be submitted at such special election.
(c) Such special election shall be conducted as a mailed ballot election, in accordance with the provisions of the Act and the prior proceedings of the City taken there under and there shall be no polling place for such special election. All official ballots shall be mailed or personally delivered to such landowners, and all voted ballots are required to be received at the office of the Clerk not later than 7:00 P.M. on the day of the special election in order to be counted. (d) Each voter to vote for the proposition to be submitted at such special election shall mark a cross (+), or other symbol indicating intent, in the blank space opposite the word “YES” on the ballot to the right of such proposition, and to vote against such proposition shall mark a cross (+), or other symbol indicating intent, in the blank space opposite the word “NO” on the ballot to the right of such proposition, which cross (+), or other symbol, may be marked with either pen or pencil. (e) The Clerk shall commence the canvass of the returns of such special election at her office at the conclusion of such special election, and at the conclusion

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of such canvass shall determine the results of such special election; provided, that if all the qualified electors shall have voted on the proposition hereby submitted at any time prior to 7:00 P.M. on the date of such special election, the Clerk shall close such special election at such time and thereupon shall proceed to canvass the returns of such special election and to determine the results thereof. (f) The Council shall meet at its regular meeting on Tuesday, August 13, 2024 and if all ballots are cast and returned to the Clerk, the Council shall declare the results of such special election as determined by the Clerk and shall cause to be spread upon its minutes a statement of the results of such special election as ascertained by such canvass.

Section 8. If two-thirds (2/3) or more of the votes cast upon the proposition to annex the Territory to CFD No. 5 are cast in favor thereof, as determined by the Council after reviewing the returns of such special annexation election, the Territory shall become annexed to CFD No. 5, and shall be subject to the special tax and to the obligations for bonded indebtedness to the same extent as all parcels of land already within CFD No. 5.

Section 9. The Director of Finance and Information Systems or designee, at 150 City Park Way, Brentwood, California 94513 (telephone (925) 516-5400) will be responsible for preparing annually a current roll of special tax levy obligations by Contra Costa County Assessor’s parcel numbers, and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Government Code of the State of California.

Section 10.This resolution shall take effect from and after its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of August 2024 by the following vote:

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

DETERMINING THE RESULTS OF THE SPECIAL ELECTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 5, CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA. (Annexation #16)
WHEREAS, the City Clerk of the City of Brentwood has duly canvassed the votes cast at the special election held to annex territory to Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California (“CFD No. 5”), on August 13, 2024, upon the proposition hereinafter set forth, and has certified to this City Council the results of the votes cast at such special election upon such proposition, which certification is now on file in the office of the Clerk of the City of Brentwood.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood as follows:

Section 1. The above recital is true and correct, and this City Council so finds and determines.

Section 2. The canvass of the votes cast at the special mailed-ballot election held to annex territory to CFD No. 5 held on August 13, 2024, as shown by said certification, is hereby approved and confirmed.

Section 3. At such special mailed-ballot election, the following proposition was submitted to the landowners in the area proposed for annexation to CFD No. 5, and the number of votes cast for and against such proposition, as set forth in said canvass, is determined to be as follows:

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BALLOT MEASURE
Shall the parcels of land as described in Resolution Nos. 2024-70 and 2024-71 adopted by the City Council of the
City of Brentwood on June 25, 2024, be annexed to
Community Facilities District No. 5, City of Brentwood, County of Contra Costa, State of California, and be subject to the special tax and to the obligations for bonded
indebtedness to the same extent as all parcels of land
already within CFD No. 5.

Number of votes
YES
__________
Number of votes
NO
__________
Section 4. The total number of votes cast at such special mailed-ballot election for and against such propositions was and is set forth in said canvass.

Section 5. More than two-thirds (2/3) of all the votes cast at such special mailed-ballot annexation election were cast in favor of such annexation proposition, and such annexation proposition carried.

Section 6. The City Clerk of the City of Brentwood is hereby directed to enter this resolution on the minutes of this City Council, which shall constitute the official declaration of the results of such special mailed-ballot election, and is hereby further authorized and directed to record a notice of special tax lien in accordance with the provisions of Section 3117.5 of the Streets and Highways Code of the State of California.

Section 7. This resolution shall take effect from and after its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of August 2024 by the following vote:

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CITY COUNCIL AGENDA ITEM NO. G.2
08/13/2024
SUBJECT: Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sand Creek Sports Complex
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Aaron Wanden, Park Maintenance Manager
Tammy Homan, Management Analyst

TITLE/RECOMMENDATION
Adopt a Resolution adopting the Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program for the Sand Creek Sports Complex Project, CIP Project No. 352-52446.

FISCAL IMPACT
This is an administrative function and there is no fiscal impact associated with the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Any costs associated with the mitigation measures have been included in the adopted 2024/25 – 2028/29 Capital Improvement Program (“CIP”), which includes the Sand Creek Sports Complex Project, CIP Project No. 352-52446 (“Project”). The Project is funded by the General Fund, Parks and Trails Development Impact Fees, bond proceeds and bond refinance savings.

BACKGROUND
The development of the Sand Creek Sports Complex project (the “Project”) has been a City Council priority for many years. In order to see the Project to completion, the City was required to complete environmental review under the California Environmental Quality Act, or CEQA. On April 2022, the City Council approved an Agreement for Environmental Consultant Services with Raney Planning & Management (“Raney”) for the Project, CIP Project No. 352-52446. Raney conducted an Initial Study of the project and determined that a Mitigated Negative Declaration, or MND, would be the appropriate CEQA document to prepare, given the fact that the Project could have a significant effect on the environment, but there will not be any such significant effect because of the revisions made to the Project to avoid such impacts. Mitigation measures have been identified to reduce all potentially significant

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CITY COUNCIL AGENDA ITEM NO. G.2
08/13/2024
impacts to less than significant levels, and these are addressed in the Initial Study and MND. The attached Mitigation Monitoring and Reporting Program details the mitigation measures to be implemented during the construction of the Project.

As analyzed in the MND, the Sand Creek Sports Complex will be developed in two phases, Phase 1 and Phase 2:
 Phase 1 would include the development of three multi-use sports fields with artificial turf, as well as spectator amenities such as bleachers, a food truck parking area, picnic tables, shade structures, seating, public restrooms, and drinking fountains. This phase would also include the development of children's play areas, multi-sport courts, and a pump track. Lighting for Phase 1 would consist of 18 poles ranging in height from 50 to 90 feet, including eight poles situated around the three multi-use sports fields.  Phase 2 of the project would include the use of the 19.24-acre Lower Sand Creek Basin, an existing Contra Costa County Flood Control and Water Conservation District flood control basin within the project site, to accommodate two additional unlit, natural turf sports fields and recreational trails.

Altogether, a total of 437 parking spaces would be included, and site access would be provided from Sand Creek Road to the south.

As set out in the MND, the identified mitigation measures will be observed in order to avoid or alleviate environmental impacts associated with the Project. An Errata Sheet has been prepared to document minimal revisions to the MND in the interest of public transparency. The revisions to the IS/MND reflected in the Errata Sheet do not affect the adequacy of the environmental analysis contained in the IS/MND.

CITY COUNCIL STRATEGIC INITIATIVE
Develop a plan to implement long-term high priority Parks and Recreation Master Plan projects: Sand Creek Sports Complex design & development and issue a RFP for design services as soon as feasible. Completing this CEQA review is the next step toward implementing this priority Master Plan project.

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

DATE OF NOTICE

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CITY COUNCIL AGENDA ITEM NO. G.2
08/13/2024
On May 31, 2024, a Notice of Intent to Adopt a Mitigated Negative Declaration was posted at the Contra Costa County Clerk-Recorder’s office and was published with the State Clearinghouse on May 31, 2024. In addition, the notice was published in the Brentwood Press and 276 property owners surrounding the project site were notified by mail.

ENVIRONMENTAL DETERMINATION
As required by CEQA, notification was provided to the public and affected regulatory agencies giving 30 days for review and comment on the Initial Study and intention to adopt the MND. The notification was published on May 31, 2024 and closed at 5:00 p.m. on July 1, 2024. Comments were received from the California Department of Transportation, Central Valley Regional Water Quality Control Board, Chevron Pipe Line Company, and Contra Costa County Flood Control and Water Conservation District. These comments and the City’s responses to these comments are included as an attachment to this staff report.

The intent of the Initial Study and MND is to provide information concerning potential environmental impacts of the proposed Project and to specify mitigation measures.

It is not the purpose of the Initial Study and MND to either recommend approval or denial of the proposed project.

ALTERNATIVE OPTION(S)
The City Council could decide not to adopt this Mitigated Negative Declaration MND and Mitigation Monitoring and Reporting Program for the Sand Creek Sports Complex Project. This would either (1) require a new or supplemental environmental review of the Project to be undertaken in order to move forward with the Project, or (2) mean that the Project was not moving forward, if no environmental review was approved. Compliance with CEQA is required in order for the Project to be completed.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Exhibit A to Resolution – Mitigated Negative Declaration

4. Exhibit B to Resolution – Mitigated Monitoring and Reporting Program

5. Errata Sheet

6. Responses to Comments with Comment Letter

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ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the City 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.
 On June 12, 2001, City Council approved the Park and Recreation Commission recommendation for the Naming/Dedication of City Facilities policy.

On February 26, 2019, the City Council adopted Resolution No. 2019-21, adopting the Parks, Trails and Recreation Master Plan Update.

On February 22, 2022, the City Council adopted Resolution No. 2022-25, 1) receiving the people, time & financial analysis of the draft Strategic Plan FY 2022/23 – FY 2023/24; 2) adopting the draft Strategic Plan FY 2022/23 – FY 2023/24; 3) directing staff to incorporate Strategic Plan FY 2022/23 – FY 2023/24 costs into the Operating and CIP Budgets, as well as in the City’s Ten-Year General Fund Fiscal Model; 4) approving the addition of six new full-time positions; and 5) directing staff to incorporate the costs associated with new positions into the FY 2022/23 – FY 2023/24 Operating Budgets, and authorize commencement of the recruitment for the new positions in FY 2021/22, to allow for filing of the positions no earlier than 07/01/2022.

On June 28, 2022, by Resolution 2022-85, the City Council adopted the City’s 2022/23 – 2026/27 Capital Improvement Program (“CIP”), which includes the Sand Creek Sports Complex, CIP Project No. 352-52446.

On April 11, 2023, by Resolution 2023-41, the City Council approved and authorized the City Manager or designee to execute an Agreement for Environmental Services and necessary documents, including amendments, for the Sand Creek Sports Complex, CIP Project No. 352-52446 with Raney Planning & Management, Inc., in the amount of $88,932, plus a 10% contingency amount of $8,894 for additional services, for a not to exceed amount of $97,826.

On June 13, 2023, the City Council adopted Resolution 2023-78 for the overall conceptual plan for the Sand Creek Sports Complex, CIP Project No. 352-52446 and provided direction to staff to move forward with design and environmental review on Phase A of the project based on current available funding; with amendments to modify Field #1 to 75 x 120 yards, remove the concession stand to allow for food trucks, adding bleachers and reducing green space near Field #1, and move pickleball courts to the east side in the next phase to replace one of the multi-use fields, and include field lining on all three fields for lacrosse.

On May 28, 2024, by Resolution 2024-56, the City Council adopted the City’s 2024/25 – 2028/29 Capital Improvement Program (“CIP”), which includes the Sand Creek Sports Complex, CIP Project No. 352-52446.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ADOPTING A MITIGATED NEGATIVE DECLARATION

AND MITIGATION MONITORING AND REPORTING PLAN FOR THE
SAND CREEK SPORTS COMPLEX PROJECT, CIP PROJECT NO. 352- 42446
WHEREAS, on February 26, 2019, the City Council adopted Resolution No. 2019-21, adopting the Parks, Trails and Recreation Master Plan Update; and WHEREAS, on February 22, 2022, the City Council adopted Resolution No. 2022-25, 1) receiving the people, time & financial analysis of the draft Strategic Plan FY 2022/23 – FY 2023/24; 2) adopting the draft Strategic Plan FY 2022/23 – FY 2023/24; 3) directing staff to incorporate Strategic Plan FY 2022/23 – FY 2023/24 costs into the Operating and CIP Budgets, as well as in the City’s Ten-Year General Fund Fiscal Model; 4) approving the addition of six new full-time positions; and 5) directing staff to incorporate the costs associated with new positions into the FY 2022/23 – FY 2023/24 Operating Budgets, and authorize commencement of the recruitment for the new positions in FY 2021/22, to allow for filing of the positions no earlier than July 1, 2022; and
WHEREAS, on June 28, 2022, by Resolution 2022-85, the City Council adopted the City’s 2022/23 – 2026/27 Capital Improvement Program (“CIP”), which included the Sand Creek Sports Complex, CIP Project No. 352-52446; and WHEREAS, on April 11, 2023, by Resolution 2023-41, the City Council approved and authorized the City Manager or designee to execute an Agreement for Environmental Services and necessary documents, including amendments, for the Sand Creek Sports Complex, CIP Project No. 352-52446 with Raney Planning & Management, Inc. in the amount of $88,932, plus a 10% contingency amount of $8,894 for additional services, for a not to exceed amount of $97,826; and WHEREAS, on May 28, 2024, by Resolution 2024-56, the City Council adopted the City’s 2024/25 – 2028/29 Capital Improvement Program (“CIP”), which included the Sand Creek Sports Complex, CIP Project No. 352-52446; and WHEREAS, the project site is located at the intersection of Sand Creek Road and Fairview Avenue in the City of Brentwood, and is identified by Assessor’s Parcel Numbers (APNs) 019-110-030, 019-110-032, and 019-110-046. APNs 019-110-032 and 019-110-046 consist of the eastern portion of the project site, which is undeveloped, is regularly disced, and consists of ruderal vegetation; APN 019-110- 030 consists of the Lower Sand Creek Basin. Surrounding existing land uses include Sand Creek, the Sand Creek Trail, undeveloped land, and single-family residences to the north; single-family residences to the east; single-family residences and a church/daycare to the south; and an apartment complex and single-family residences to the west. The City of Brentwood designates the Lower Sand Creek Basin portion of the site as Public Facility (PF) and the rest of the site is designated as Park (P).

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The Lower Sand Creek Basin portion of the site is zoned Public Facility (PF) and the rest of the project site is zoned Planned Development (PD-6); and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA,” codified at Public Resources Code §§ 21000, et seq.) and its implementing regulations (the “CEQA Guidelines,” found at 14 CCR §§ 15000, et seq.), the City of Brentwood is the lead agency for the proposed Project; and
WHEREAS, the City reviewed the Project plans and prepared an initial study for the Project in accordance with Section 15063 of the CEQA Guidelines; and WHEREAS, on the basis of the Initial Study, and pursuant to Section 15170 of the CEQA Guidelines, the City prepared a Mitigated Negative Declaration (“MND”) for the Project, which MND is attached hereto, along with the Initial Study, attached as Exhibit ‘A’ and incorporated herein by this reference; and WHEREAS, pursuant to Section 15097 of the CEQA Guidelines, the City has prepared a Mitigation Monitoring and Reporting Program (“MMRP”) to accompany the Initial Study and MND, in which is attached hereto as a component part of Exhibit ‘B’; and
WHEREAS, the City has prepared an Errata Sheet to accompany the Initial Study and MND, which is attached hereto as Exhibit ‘C’; and WHEREAS, pursuant to Section 15072 of the CEQA Guidelines, the City provided notice of its intent to adopt the MND, and pursuant to Public Resources Code section 20191(b) and Section 15073 of the CEQA Guidelines, the City circulated the MND for public review and comments from May 31, 2024, to July 1, 2024; and WHEREAS, the City distributed a Notice of Public Hearing to 276 property owners of record adjacent to the project site and published it in the Brentwood Press in accordance with City policies and Government Code Section 65090; and WHEREAS, comments were received from the California Department of Transportation, Central Valley Regional Water Quality Control Board, Chevron Pipe Line Company, and Contra Costa County Flood Control and Water Conservation District and all comments received have been reviewed and addressed; and WHEREAS, the City Council considered the Initial Study and the Mitigated Negative Declaration at a public hearing at its regular meeting of August 13, 2024 and considered the staff report, all accompanying information, and testimony received from interested parties.

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

A. The recitals set forth above are true and correct and are incorporated herein by this reference.

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B. The City Council has reviewed and considered the Initial Study, MND, Errata Sheet, and MMRP, together with all comments received during the public review process, as well as the written responses prepared to such comments, the staff report, testimony by staff and the public, and all other materials and evidence submitted to the City relating to the Project.

C. The City Council hereby finds, on the basis of the whole record before it, that:

1. The Initial Study, the MND, Errata Sheet, and the MMRP have been prepared and completed in accordance with the requirements of CEQA and the CEQA Guidelines;

2. There is no substantial evidence that the Project will have a significant effect on the environment; and

3. The information, analyses, findings and conclusions set forth in the Initial Study, MND, Errata Sheet, and MMRP reflect the City’s independent judgment and analysis.

D. Based on the information, analyses and conclusions in the Initial Study, and on the whole record before it, the City Council approves and adopts the Initial Study and Mitigated Negative Declaration for the Sand Creek Sports Complex project, dated May 2024, attached hereto as Exhibit ‘A’, including the Mitigation Monitoring and Reporting Program attached hereto as Exhibit ‘B’, and the Errata Sheet, attached hereto as Exhibit ‘C’.

E. Hereby directs staff to file a Notice of Determination within five (5) working days of adopting the Mitigated Negative Declaration.

F. The City’s custodian for the record of proceedings for the Project is the Planning Manager and the record of proceedings is maintained in the City’s files at 150 City Park Way, Brentwood, California.

The above actions are subject to any appeal filed pursuant to Chapter 17.880 of the Brentwood Municipal Code within ten (10) calendar days following City Council action.

ADOPTED by the City Council of the City of Brentwood at its regular meeting of August 13, 2024, by the following vote:

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City of Brentwood
Community Development Department
Sand Creek Sports Complex Project
Initial Study/Mitigated Negative Declaration
May 2024
Prepared by
1501 Sports Drive, Suite A, Sacramento, CA 95834

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Sand Creek Sports Complex Project
Initial Study/Mitigated Negative Declaration
i
May 2024

TABLE OF CONTENTS
A. PROJECT SUMMARY.................................................................................................... 1 B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED.......................................... 2 C. SOURCES ...................................................................................................................... 3 D. DETERMINATION........................................................................................................... 5 E. BACKGROUND AND INTRODUCTION ......................................................................... 6 F. PROJECT DESCRIPTION .............................................................................................. 6 G. ENVIRONMENTAL CHECKLIST..................................................................................14 I. AESTHETICS. ...................................................................................................16 II. AGRICULTURE AND FOREST RESOURCES. .................................................19 III. AIR QUALITY. ...................................................................................................20 IV. BIOLOGICAL RESOURCES..............................................................................28 V. CULTURAL RESOURCES. ...............................................................................37 VI. ENERGY. ..........................................................................................................40 VII. GEOLOGY AND SOILS.....................................................................................44 VIII. GREENHOUSE GAS EMISSIONS. ...................................................................49 IX. HAZARDS AND HAZARDOUS MATERIALS. ....................................................52 X. HYDROLOGY AND WATER QUALITY..............................................................56 XI. LAND USE AND PLANNING. ............................................................................62 XII. MINERAL RESOURCES. ..................................................................................63 XIII. NOISE. ..............................................................................................................64 XIV. POPULATION AND HOUSING..........................................................................78 XV. PUBLIC SERVICES...........................................................................................79 XVI. RECREATION. ..................................................................................................81 XVII. TRANSPORTATION..........................................................................................82 XVIII. TRIBAL CULTURAL RESOURCES. ..................................................................88 XIX. UTILITIES AND SERVICE SYSTEMS. ..............................................................90 XX. WILDFIRE..........................................................................................................93 XXI. MANDATORY FINDINGS OF SIGNIFICANCE. .................................................94 APPENDICES:

Appendix A: Illumination Summary
Appendix B: Air Quality and Greenhouse Gas Emissions Modeling Results Appendix C: Transportation Impact Assessment
Appendix D: Biological Resources Assessment
Appendix E: Application Form and Planning Survey Report Appendix F: Environmental Noise Assessment

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Sand Creek Sports Complex Project
Initial Study/Mitigated Negative Declaration
1 May 2024

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
May 2024
A. PROJECT SUMMARY

1. Project Title: Sand Creek Sports Complex Project

2. Lead Agency Name and Address: City of Brentwood
Community Development Department
150 City Park Way
Brentwood, CA 94513

3. Contact Person and Phone Number: Erik Nolthenius
Planning Manager
(925) 516-5137

4. Project Location: Intersection of Sand Creek Road and Fairview Avenue Brentwood, CA
APNs 019-110-030, 019-110-032, and 019-110-046

5. Project Sponsor’s Name and Address: City of Brentwood Parks and Recreation Department
150 City Park Way
Brentwood, CA 94513

6. Existing General Plan Designation: Public Facility (PF) Park (P)

7. Existing Zoning Designation: Public Facility (PF)
Planned Development (PD-6)

8. Required Approvals from Other Public Agencies: East Contra Costa County Habitat Conservancy
Contra Costa County Flood Control and Water Conservation District

9. Surrounding Land Uses and Setting:

The 33.72-acre project site is located at the intersection of Sand Creek Road and Fairview Avenue in the City of Brentwood, and is identified by Accessor’s Parcel Numbers (APNs) 019-110-030, 019-110-032, and 019-110-046. APNs 019-110-032 and 019-110-046 consist of the eastern portion of the project site, which is undeveloped, is regularly disced, and consists of ruderal vegetation; APN 019-110-030 consists of the Lower Sand Creek Basin. Surrounding existing land uses include Sand Creek, the Sand Creek Trail, undeveloped land, and single-family residences to the north; single-family residences to the east; single-family residences and a church/daycare to the south; and an apartment complex and single-family residences to the west. The City of Brentwood designates the Lower Sand Creek Basin portion of the site as Public Facility (PF) and the rest of the site is designated as Park (P). The Lower Sand Creek Basin portion of the site is zoned Public Facility (PF) and the rest of the project site is zoned Planned Development (PD-6).

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Sand Creek Sports Complex Project
Initial Study/Mitigated Negative Declaration
2 May 2024

10. Project Description Summary:

The Sand Creek Sports Complex Project (proposed project) would be developed in two phases, hereafter referred to as Phase 1 and Phase 2. Phase 1 would include the development of three multi-use sports fields with artificial turf, as well as spectator amenities such as bleachers, a food truck parking area, picnic tables, shade structures, seating, public restrooms, and drinking fountains. Phase 1 of the proposed project would also include the development of children's play areas, a basketball court, a multi-sport court, and pump tracks. Phase 1 would be lit by 18 lighting poles ranging in height from 50 to 90 feet tall, including eight lighting poles situated around the three multi-use sports fields. As part of Phase 2 of the proposed project, the Lower Sand Creek Basin would be used to accommodate two additional unlit multi-use sports fields and recreational trails. A total of 437 parking stalls would be included, and site access would be provided from Sand Creek Road to the south.

11. Status of Native American Consultation Pursuant to Public Resources Code Section 21080.3.1:

In compliance with Assembly Bill (AB) 52 (Public Resources Code [PRC] Section 21080.3.1), on March 6, 2024, the City provided formal notification letters to the Amah Mutsun Tribal Band of Mission San Juan Bautista, Chicken Ranch Rancheria of Me-Wuk Indians, Guidiville Indian Rancheria, Indian Canyon Mutsun Band of Costanoan, Muwekma Ohlone Indian Tribe of the San Francisco Bay Area, Nashville Enterprise Miwok-Maidu-Nishinam Tribe, North Valley Yokuts Tribe, Ohlone Indian Tribe, Tule River Indian Tribe, Wilton Rancheria, Wuksache Indian/Eshom Valley Band, and the Confederated Villages of Lisjan. Requests to consult were not received during the required consultation period.

B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is “Less-than-significant with Mitigation” as indicated by the checklist on the following pages.
 Aesthetics  Agriculture and Forest
Resources
 Air Quality
 Biological Resources  Cultural Resources  Energy
 Geology and Soils  Greenhouse Gas Emissions  Hazards and Hazardous Materials  Hydrology and Water
Quality
 Land Use and Planning  Mineral Resources
 Noise  Population and Housing  Public Services
 Recreation  Transportation  Tribal Cultural Resources  Utilities and Service
Systems
 Wildfire  Mandatory Findings of
Significance

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Sand Creek Sports Complex Project
Initial Study/Mitigated Negative Declaration
3 May 2024
C. SOURCES
The following documents are referenced information sources used for the purposes of this Initial Study/Mitigated Negative Declaration (IS/MND):

1. Bargas Environmental Consulting, LLC. Biological Resources Assessment: Brentwood Sand Creek Sports Complex. January 2024.

2. Bargas Environmental Consulting, LLC. Application Form and Planning Survey Report.

November 30, 2023.

3. Bay Area Air Quality Management District. 2022 California Environmental Quality Act Guidelines. April 2023.

4. California Air Resources Board. The 2017 Climate Change Scoping Plan Update.

November 2017.

5. California Building Standards Commission. California Green Building Standards Code. 2022.

6. California Department of Conservation. California Important Farmland Finder. Available at: https://maps.conservation.ca.gov/dlrp/ciff/. Accessed July 2023.

7. California Department of Forestry and Fire Protection. FHSZ Viewer. Available at:
https://egis.fire.ca.gov/FHSZ/. Accessed July 2023.

8. California Department of Resources Recycling and Recovery (CalRecycle). Facility/Site Summary Details: Keller Canyon Landfill (07-AA-0032). Available at:
https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/4407?siteID=228.

Accessed July 2023.

9. California Department of Transportation. California Scenic Highway System Map.

Available at:
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8 e8057116f1aacaa. Accessed July 2023.

10. California Environmental Protection Agency. Cortese List Data Resources. Available at:
https://calepa.ca.gov/sitecleanup/corteselist/. Accessed July 2023.

11. California Geologic Survey. Seismic Hazard Zone Report for the Brentwood 7.5-Minute Quadrangle, Contra Costa County, California. 2018.

12. California Geological Survey. Earthquake Zones of Required Investigation. Available at:
https://maps.conservation.ca.gov/cgs/EQZApp/app/. Accessed July 2023.

13. City of Brentwood. 2020 Urban Water Management Plan. June 2021, revised December 2021.

14. City of Brentwood. City of Brentwood General Plan. Adopted July 2014.

15. City of Brentwood. Public Draft Environmental Impact Report for the 2014 Brentwood General Plan Update. April 2014.

16. Contra Costa County Transportation Authority. 2018 Countywide Bicycle and Pedestrian Plan. July 2018.

17. Contra Costa County Clean Water Program. Stormwater C.3 Guidebook. December 23, 2022.

18. Contra Costa County Fire Protection District. Station Address. Available at:
https://cccfpd.org/station-address/. Accessed July 2023.

19. Contra Costa County Flood Control District. Contra Costa County Formed Drainage Areas. February 7, 2008.

20. Contra Costa County. Upper and Lower Sand Creek Basin Expansion Project Initial Study/Mitigated Negative Declaration. September 13, 2010.

21. Department of Toxic Substances Control. Hazardous Waste and Substances Site List (Cortese). Available at: https://www.envirostor.dtsc.ca.gov/public/. Accessed July 2023.

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Sand Creek Sports Complex Project
Initial Study/Mitigated Negative Declaration
4 May 2024

22. East Contra Costa County Habitat Conservation Plan Association. Final East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan. October 2006.

23. Federal Emergency Management Agency. Flood Insurance Rate Map 06013C0353F.

Effective June 16, 2009.

24. Federal Transit Administration. Transit Noise and Vibration Assessment Guidelines. May 2006.

25. Federal Highway Administration. Roadway Construction Noise Model User’s Guide.

January 2006.

26. Fehr & Peers. Draft Transportation Impact Assessment Sand Creek Sports Complex Site.

December 2023.

27. H.T. Harvey & Associates. East Contra Costa County Habitat Conservation Plan – Assessment of Plan Effects on CEQA Species. February 17, 2015.

28. Musco Sports Lighting, LLC. Sand Creek Soccer. April 14, 2023.

29. Saxelby Acoustics, LLC. Environmental Noise Assessment: Sand Creek Sports Complex.

January 12, 2024.

30. Tom Origer & Associates. Cultural Resources Study for the Sand Creek Sports Complex Project. May 30, 2023.

31. United States Department of Agriculture. Web Soil Survey. Available at:
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Accessed July 2023.

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Sand Creek Sports Complex Project
Initial Study/Mitigated Negative Declaration
6 May 2024
E. BACKGROUND AND INTRODUCTION
This IS/MND identifies and analyzes the potential environmental impacts of the proposed project.

The information and analysis presented in this document is organized in accordance with the order of the California Environmental Quality Act (CEQA) checklist in Appendix G of the CEQA Guidelines. Where the analysis provided in this document identifies potentially significant environmental effects of the project, mitigation measures are prescribed.

The mitigation measures prescribed for environmental effects described in this IS/MND would be implemented in conjunction with the project, as required by CEQA. The City would adopt findings and a Mitigation Monitoring/Reporting Program for the project in conjunction with approval of the project.

On July 22, 2014, the City of Brentwood City Council adopted a comprehensive update to the City’s General Plan1 and certified an associated Environmental Impact Report (EIR). 2 The
General Plan EIR analyzed the potential impacts associated with full buildout of the General Plan Land Use Diagram. Per Section 15152 of the CEQA Guidelines, a project that is consistent with the General Plan and zoning designations of the City may tier from the analysis contained in the General Plan EIR, incorporating by reference the general discussions from the broader EIR. The proposed project would be consistent with the General Plan and zoning designations for the project site; therefore, in accordance with Section 15152 of the CEQA Guidelines, the analysis within this IS/MND will rely on analysis included in the General Plan EIR, as applicable.

In addition, project-specific technical reports have been prepared for the proposed project and form the basis of several technical sections of this IS/MND. Technical reports used in the preparation of this IS/MND are attached as appendices, and/or available upon request at the City of Brentwood Community Development Department.

A CEQA review of developing the Lower Sand Creek Basin (LSCB) for flood protection purposes has already been completed by the Contra Costa County Flood Control and Water Conservation District (CCCFCWCD) in the Upper and Lower Sand Creek Basin Expansion Project Initial Study/Mitigated Negative Declaration (Basin IS/MND), published on September 13, 2010.3 As such, disturbance of the LSCB has already been analyzed in the Basin IS/MND, and this IS/MND shall hereby incorporate by reference all analysis of the Basin IS/MND, pursuant to CEQA Guidelines Section 15150. However, operation of the LSCB as part of the proposed recreational facility is analyzed, as appropriate.

F. PROJECT DESCRIPTION
The following provides a description of the project site’s current location and setting, as well as the proposed project components and the discretionary actions required for the project.

Project Location and Setting
The 33.72-acre project site consists of three parcels identified by APNs 019-110-030, 019-110- 032, and 019-110-046, located at the intersection of Sand Creek Road and Fairview Avenue in the City of Brentwood (see Figure 1 and Figure 2).
1 City of Brentwood. City of Brentwood General Plan. Adopted July 2014. 2 City of Brentwood. 2014 Brentwood General Plan Draft Environmental Impact Report. April 2014. 3 Contra Costa County. Upper and Lower Sand Creek Basin Expansion Project Initial Study/Mitigated Negative Declaration. September 13, 2010.

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Figure 1
Regional Project Location
Project Location

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Figure 2
Project Site Boundaries

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The eastern portion of the project site is vacant, undeveloped, regularly disced, and consists of ruderal vegetation, and the western portion of the project site is developed with the LSCB.

Surrounding existing land uses include Sand Creek, the Sand Creek Trail, undeveloped land, and single-family residences to the north; single-family residences to the east; single-family residences and a church/daycare to the south; and an apartment complex, and single-family residences to the west. The City of Brentwood designates the LSCB portion of the site as PF and the rest of the site is designated as P. The LSCB portion of the site is zoned PF and the rest of the project site is zoned PD-6.

Project Components
The project would be constructed in two phases: Phase 1 and Phase 2. Phase 1 of the proposed project would include the development of a Sports Complex composed of three multi-use sports fields, associated amenities, and additional recreational facilities, as well as the installation of a traffic signal at the intersection of Sand Creek Road and Linden Street (see Figure 3). Phase 2 of the proposed project would include the use of the 19.24-acre LSCB as two additional natural turf sports fields, as well as the development of recreational trails (see Figure 4).

The proposed recreational facilities and off-site improvements, as well as the associated lighting and landscaping, access, circulation, parking, utilities, and construction and phasing are each discussed in further detail below.

Recreational Facilities
As discussed above, the proposed project would be constructed in two phases, Phase 1 and Phase 2. However, Phase 1 of the proposed project would be further phased into Phase 1A and Phase 1B, which are discussed below.

Phase 1A
Phase 1A of the proposed project would include development of the following:
• Clearing, grubbing, and grading of approximately 698,250 square feet (sf); • Drainage and utility improvements;
• Concrete pathways;
• Construction of one 75 x 120 yard and two 70 x 110 yard artificial turf fields, including striping, with Musco sports lighting, bleachers, shade structures at bleachers, and fencing, netting, and gates;
• Restroom, storage, and staff building;
• Food truck area;
• Irrigation;
• Traffic signal at the Sand Creek Road/Linden Street intersection; • Electrical infrastructure for pathway lights, buildings, parking lot lighting, electric vehicle chargers, multi-sport courts, surveillance and sound systems, and traffic signal at Linden Street;
• Various amenities including bike racks, park signage, drinking fountains, trash and recycling receptacles;
• Parking lot (partial with 270 space asphalt lot);
• Picnic areas south of Fields 2 and 3; and
• Maintenance area/storage yard.

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Figure 3
Phase 1 Plan

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Figure 4
Conceptual Phase 2 Plan

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Phase 1B
Phase 1B of the proposed project would include development of the following:
• Additional restroom building;
• Picnic areas;
• Convert aggregate base overflow parking lot to asphalt; • Multi-use hardcourt sport courts (pickleball, futsal, roller hockey, basketball, volleyball, etc.);
• Additional irrigation and landscaping;
• Additional shade elements;
• Playground;
• Pump track;
• Exercise area;
• Warm up areas;
• Game tables; and
• Mutt mitt stations.

As shown in Figure 3, the three sports fields proposed to be developed as part of Phase 1 of the project would be located generally in the center of the northern portion of the project site, with the additional recreational facilities surrounding the fields to the north, east, and south.

Phase 2
As shown in Figure 4, the LSCB would be used as two additional 75 x 120 yard natural turf sports fields. It is noted that, for the purposes of this analysis, the development of the LSCB analyzed in the Basin IS/MND is assumed to be complete prior to the currently proposed project. As such, development of Phase 2 of the proposed project is anticipated to include the placement of sod for the two proposed natural turf sports fields and installation of recreational trails; grading within the LSCB is not proposed as part of the project.

Discussion of the hours of operation and attendance capacity of the proposed recreational facilities are included below.

Hours of Operation
The common areas of the proposed project, including the playground, multi-sport courts, pump track, and picnic areas would generally be open from dawn to dusk as weather permits. The lighted fields would be available for permitted, scheduled use only, and would be overseen by City of Brentwood Parks and Recreation Department staff.

Attendance Capacity
The sports fields would serve local sports groups, as well as facilitate regional tournaments. Fields would be rented out individually; some rentals would be recurring reservations, while others would be reserved for tournaments and events. During general field use such as practices and league games, 50 people are estimated to be on-site per field, with visitor potential of 250 people when all five fields are in use. Overall capacity of the Sports Complex would be greater as spectators and visitors would have the ability to utilize the other amenities and features on site at the Complex. The Sports Complex would be available for scheduled use Monday through Sunday from 6:00 AM to 11:00 PM, as all park facility lighting shall be turned off by 11:00 PM except by permit and for security or emergency lighting, as approved by the Director pursuant to Section

7.02.110 of the Brentwood Municipal Code.

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Maximum occupancy would occur during tournament play. The average number of players on the field during game play, varying by age/skill levels, would be 10 players for each team, with a total of 20 active players on each field. When accounting for benches and coaches, a field could support 30 people using the fields at any given time, not including spectators. With parents, siblings, and other spectators, a total of 50 people could be on a field each game. With five full fields proposed for development, each of which could be used as two smaller fields, it is conservatively assumed that 550 people could be present at any one time. It is estimated that six to 12 tournaments could occur per year, with the majority of tournaments being scheduled on Saturdays and Sundays between 6:00 AM and 11:00 PM.

In tournament conditions, additional teams and spectators would be present on-site who would not be playing, but would be waiting for the start of their next game or leaving their previously completed game. This additional group of people is assumed to be approximately 50 percent of the total participants and spectators engaged in play described above, which would be an additional 275 people. Therefore, the total number of participants and spectators on-site at any one time is estimated to be 875 for larger tournaments.

Other uses of the facility, including multi-use sport courts, pump track, and group picnic areas, would have potential to add an additional 175 users in the Sports Complex at any given time from dawn to dusk. Therefore, the maximum estimated users at any given time would be a total of 1,000 users.

Off-Site Improvements
The proposed project would include the development of a new traffic signal located at the intersection of Sand Creek Road and Linden Street. As discussed below, the new traffic signal would be developed at a new driveway allowing ingress and egress to and from the project site.

In addition, the proposed project would include improvements to the Sand Creek Trail north of the project site, including planting restoration and the addition of bike racks, seating, and picnic tables.

Lighting and Landscaping
The proposed project would include the installation of eight poles for sports field lighting along the three artificial turf sports fields. Each pole would be 50 to 90 feet tall and would be designed for downcast lighting. Ten additional lighting poles would be installed in the multi-use sport courts, parking lots, pump track, play area, buildings such as restrooms, and egress pathways.

Standard formal landscaping would be installed throughout the entire Phase 1 portion of the project. Trees would line the parking lot for shade and on-site areas subject to C.3 requirements related to stormwater control, as discussed further below, would be landscaped pursuant to Contra Costa County regulations. In addition, a variety of shrubs and trees would be planted throughout the project site.

Access, Circulation, and Parking
Ingress and egress to the project site would be provided by two driveways connected to Sand Creek Road. The eastern driveway would be located at the intersection of Sand Creek Road and Linden Street, and would include the development of a new traffic signal to allow for both ingress and egress. The western driveway would allow entrance from, and right-turn-only exit to, Sand Creek Road. The project site would also be accessible to bicyclists and pedestrians from the existing Sand Creek Trail to the north of the project site, and bike lanes are present on Sand

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Creek Road, along the site’s southern boundary. In addition, a bus stop is located on the site’s southern frontage, west of Linden Street.

The proposed project would include the development of an asphalt parking lot with 437 parking stalls in the southern portion of the project site. The parking lot would include nine Americans With Disabilities Act (ADA)-accessible stalls and 22 stalls with electrical vehicle (EV) charging capabilities. As discussed in above, Phase 1 of the proposed project would be developed in two sub-phases; Phase 1A would be constructed with approximately 270 parking stalls, including seven ADA-accessible stalls and the 22 stalls with EV charging capabilities. Until Phase 1B is constructed, the remaining area designated for parking would be used an aggregate base lot with approximately 203 spaces. An estimated 70 cars per field used would be present on-site during league play, and an estimated 90 cars per field used would be present on-site during tournaments.

In addition, an estimated 12 cars could be present on-site for each multi-sport court in use.

Utilities
The project site is located near the intersection of Fairview Avenue and Sand Creek Road where existing water, sewer and recycled water utilities are available to connect. An eight-inch sewer lateral with appurtenances (fittings, cleanout, etc.) would be constructed to serve on-site facilities and would connect with a new sanitary sewer manhole placed on the existing eight-inch sewer main near the Sand Creek Road and Linden Street intersection, south of the project site. A sixinch potable water service line with appurtenances (valves, fittings, etc.) would be constructed to serve on-site facilities and would connect with the existing eight-inch water main near the Sand Creek Road and Linden Street intersection. The proposed project would also connect to an existing recycled water service lateral located near the Sand Creek Road and Linden Street intersection to water on-site landscaping.

The project site would be developed with on-site stormwater facilities to provide water quality treatment of on-site stormwater runoff. The project site would be divided into multiple drainage management areas (DMAs) consisting of self-treating or self-retaining pervious surfaces, including the proposed sports fields. On-site impervious areas, including parking lots and restrooms, would be designed to drain towards nearby bio-retention areas within the aforementioned DMAs. Treated stormwater would then by conveyed through an on-site drainage system to connect to an existing 18-inch storm drain lateral in Sand Creek Road.

The proposed project would connect to an existing fiber optics line available in Sand Creek Road to serve the on-site facilities.

Discretionary Actions
The proposed project would require the following approvals from the City of Brentwood:
• Adoption of the IS/MND;
• Approval of a Mitigation Monitoring and Reporting Program; • Approval of construction documents and award of contract; and • Approval of design review, per Brentwood Municipal Code Section 17.360.004.

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G. ENVIRONMENTAL CHECKLIST
The following checklist contains the environmental checklist form presented in Appendix G of the CEQA Guidelines. The checklist form is used to describe the impacts of the proposed project. A discussion follows each environmental issue identified in the checklist. For this checklist, the following designations are used:

Potentially Significant Impact: An impact that could be significant, and for which no mitigation has been identified. If any potentially significant impacts are identified, an EIR must be prepared.

Less-Than-Significant with Mitigation Incorporated: An impact that requires mitigation to reduce the impact to a less-than-significant level.

Less-Than-Significant Impact: Any impact that would not be considered significant under CEQA relative to existing standards.

No Impact: The project would not have any impact.

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I. AESTHETICS.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Have a substantial adverse effect on a scenic vista?     b. Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a State scenic highway?
   
c. In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are
those that are experienced from publicly accessible
vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and
other regulations governing scenic quality?
   
d. Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
   
Discussion
a,b. Examples of typical scenic vistas include mountain ranges, ridgelines, or bodies of water as viewed from a highway, public space, or other area designated for the express purpose of viewing and sightseeing. The topography of the City’s planning area is characterized by the relatively flat terrain of the Central Valley, with gently sloping hills in the western and southwestern portion of the area approaching the foothills of the Diablo Range.

The General Plan does not specifically identify any scenic vistas within the City. In addition, according to the California Scenic Highway Mapping System, the project site is not located within the vicinity of an officially designated State Scenic Highway.4 The project site is located approximately 3,200 feet east of State Route (SR) 4, which is listed as an eligible State Scenic Highway; however, SR 4 is not officially designated. In addition, given the site’s distance from SR 4 and the intervening development, the site cannot be seen from the SR 4 viewshed. Furthermore, the proposed project is consistent with the site’s current land use and zoning designations. Therefore, buildout of the site has been previously considered by the City, and the proposed project would be consistent with the surrounding existing uses.

Based on the above, development of the proposed project would not have a substantial adverse effect on a scenic vista and would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway. Thus, a less-than-significant impact would occur. c. Although the project site is currently undeveloped, the project site is located in an urbanized area. As such, the following discussion focuses on project consistency with applicable zoning and other regulations governing scenic quality.

The project site is zoned PF and PD-6. Pursuant to Chapter 17.360, parks are an allowable use within the PF zone, and Chapter 17.456 of the City’s Municipal Code states that parks and playgrounds are a permitted use in the PD-6 zone. Additionally, Section 17.456.003 establishes that recreational uses in the PD-6 zone are required to have a minimum lot 4 California Department of Transportation. California Scenic Highway System Map. Available at:
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa.

Accessed July 2023.

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size of five acres. Therefore, the proposed project would be consistent with the applicable zoning regulations regarding scenic quality. Thus, the proposed project would not conflict with applicable zoning and other regulations governing scenic quality, and a less-thansignificant impact would occur. d. As noted previously, the project site is mostly surrounded by existing residential development, with undeveloped land to the north. As such, sources of light and glare are already present within the project vicinity. Nonetheless, the Phase 1 portion of the project site is currently vacant and undeveloped, and the existing development of the LSCB within the Phase 2 portion of the project site does not include lighting. As such, development of the proposed project would increase the amount of light within the project site from sources including, but not limited to, light poles used to illuminate the playing fields and recreational areas, headlights from cars entering and exiting the site, and exterior light fixtures.

An Illumination Summary for the proposed project, included as Appendix A to this IS/MND, demonstrates the number, type, height, and level of illumination of all outdoor lighting fixtures associated with the proposed project.5 As shown in Figure 5, a total of 18 lighting poles, ranging in height from 50 to 90 feet tall, would be placed throughout the Phase 1 area of the proposed project; the LSCB portion of the project site would not be developed with lighting. According to the Illumination Summary, the proposed Sports Complex would be lit with Total Light Control (TLC) LED lighting fixtures that are designed to shield light and minimize bleed of light onto adjacent uses. According to the Illumination Summary, the maximum off-site footcandle values at the nearest residences would be less than 0.1.

As such, light from on-site uses would only minimally extend to the nearest single-family residences, approximately 200 feet to the south. Overall, the Illumination Summary prepared for the project demonstrates compliance with all applicable standards established in the City’s General Plan and Municipal Code.

Furthermore, the proposed project would be subject to design and site plan development review process, as established in Section 17.456.005(C) for the Brentwood Municipal Code. Compliance with such would help to ensure that the light and glare created by the proposed project would be consistent with the levels of light and glare currently emitted in the surrounding developed environment. In addition, the proposed project would be required to comply with Section 7.02.110 of the City’s Municipal Code, which requires all park facility lighting to be turned off by 11:00 PM except by permit and for security or emergency lighting, as approved by the Director.

Therefore, implementation of the proposed project would result in a less-than-significant impact with respect to creating a new source of substantial light or glare that would adversely affect day or nighttime views in the area.
5 Musco Sports Lighting, LLC. Sand Creek Soccer. April 14, 2023.

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Figure 5
Illumination Equipment Layout

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II. AGRICULTURE AND FOREST
RESOURCES.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-agricultural use?
   
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?    
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources
Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code section
51104(g))?
   
d. Result in the loss of forest land or conversion of forest land to non-forest use?    
e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
   
Discussion
a,e. Currently, the eastern portion of the project site is vacant, undeveloped, regularly disced, and consists of ruderal vegetation, and the western portion of the project site is developed with the LSCB. According to the California Department of Conservation Important Farmland Finder, the project site is identified as Farmland of Local Importance. 6 As such,
although the project site is designated as Farmland, the project site does not contain, and is not located adjacent to, Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. In addition, the City’s General Plan designates the project site as PF and P, and is not proposed for agricultural use. Therefore, the proposed project’s impacts would be less-than-significant.
b. The project site is currently zoned PF and PD-6 and has been anticipated for development with the LSCB and recreational uses by the City. In addition, the project site is not subject to a Williamson Act contract. Therefore, the proposed project would not conflict with existing zoning for agricultural use, or a Williamson Act contract, and no impact would occur.
c,d. The project site is not considered forest land (as defined in PRC Section 12220[g]), timberland (as defined by PRC Section 4526), and is not zoned Timberland Production (as defined by Government Code Section 51104[g]). As noted above, the project site is currently zoned PF and PD-6. Therefore, the proposed project would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production, and the project would not otherwise result in the loss of forest land or conversion of forest land to non-forest use. Thus, no impact would occur. 6 California Department of Conservation. California Important Farmland Finder. Available at:
https://maps.conservation.ca.gov/dlrp/ciff/. Accessed July 2023.

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III. AIR QUALITY.

Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Conflict with or obstruct implementation of the applicable air quality plan?    
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
   
c. Expose sensitive receptors to substantial pollutant
concentrations?    
d. Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
   
Discussion
a,b. The City of Brentwood is located in the San Francisco Bay Area Air Basin (SFBAAB), which is under the jurisdiction of the Bay Area Air Quality Management District (BAAQMD).

The SFBAAB area is currently designated as a nonattainment area for State and federal ozone, State and federal fine particulate matter 2.5 microns in diameter (PM2.5), and State respirable particulate matter 10 microns in diameter (PM10) ambient air quality standards (AAQS). The SFBAAB is designated attainment or unclassified for all other AAQS. It should be noted that on January 9, 2013, the U.S. Environmental Protection Agency (USEPA) issued a final rule to determine that the Bay Area has attained the 24-hour PM2.5 federal AAQS. Nonetheless, the Bay Area must continue to be designated as nonattainment for the federal PM2.5 AAQS until such time as the BAAQMD submits a redesignation request and a maintenance plan to the USEPA, and the USEPA approves the proposed redesignation. The USEPA has not yet approved a request for redesignation of the SFBAAB; therefore, the SFBAAB remains in nonattainment for 24-hour PM2.5.

In compliance with regulations, due to the nonattainment designations of the area, the BAAQMD periodically prepares and updates air quality plans that provide emission reduction strategies to achieve attainment of the AAQS, including control strategies to reduce air pollutant emissions through regulations, incentive programs, public education, and partnerships with other agencies. The current air quality plans are prepared in cooperation with the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG).

The most recent federal ozone plan is the 2001 Ozone Attainment Plan, which was adopted on October 24, 2001 and approved by the California Air Resources Board (CARB) on November 1, 2001. The plan was submitted to the USEPA on November 30, 2001 for review and approval. The most recent State ozone plan is the 2017 Clean Air Plan, adopted on April 19, 2017. The 2017 Clean Air Plan was developed as a multi-pollutant plan that provides an integrated control strategy to reduce ozone, PM, toxic air contaminants (TACs), and greenhouse gases (GHGs). Although a plan for achieving the State PM10 standard is not required, the BAAQMD has prioritized measures to reduce PM in developing the control strategy for the 2017 Clean Air Plan. The control strategy serves as the backbone of the BAAQMD’s current PM control program.

The aforementioned air quality plans contain mobile source controls, stationary source controls, and transportation control measures to be implemented in the region to attain the State and federal AAQS within the SFBAAB. Adopted BAAQMD rules and regulations, as well as the thresholds of significance, have been developed with the intent to ensure

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continued attainment of AAQS, or to work towards attainment of AAQS for which the area is currently designated nonattainment, consistent with applicable air quality plans. For development projects, BAAQMD establishes significance thresholds for emissions of the ozone precursors reactive organic gases (ROG) and oxides of nitrogen (NOX), as well as for PM10, and PM2.5, expressed in pounds per day (lbs/day) and tons per year (tons/yr).

The thresholds are listed in Table 1. Thus, by exceeding the BAAQMD’s mass emission thresholds for construction and operational emissions of ROG, NOX, or PM10, a project would be considered to conflict with or obstruct implementation of the BAAQMD’s air quality planning efforts.

Table 1
BAAQMD Thresholds of Significance
Pollutant
Construction Operational
Average Daily
Emissions
(lbs/day)
Average Daily
Emissions
(lbs/day)
Maximum Annual
Emissions
(tons/year)
ROG 54 54 10
NOx 54 54 10
PM10 (exhaust) 82 82 15
PM2.5 (exhaust) 54 54 10
Source: BAAQMD, CEQA Guidelines, April 2023.

Particulate matter can be split into two categories: fugitive and exhaust. The BAAQMD thresholds of significance for exhaust are presented in Table 1. It should be noted that BAAQMD does not maintain quantitative thresholds for fugitive emissions of PM10 or PM2.5, rather, BAAQMD requires all projects within the district’s jurisdiction to implement Basic Construction Mitigation Measures (BCMMs) related to dust suppression.

Construction and operational emissions of both phases of the proposed project were quantified using the California Emissions Estimator Model (CalEEMod) web-based software version 2022 – a statewide model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify air quality emissions, including GHG emissions, from land use projects. The model applies inherent default values for various land uses, including construction data, trip generation rates, vehicle mix, trip length, average speed, etc. Where project-specific information is available, such information should be applied in the model.

The proposed project’s modeling assumed the following:
• Construction would commence in October 2024 and take place over approximately two years; and
• Trip generation rates were updated to be consistent with the project-specific Transportation Impact Assessment prepared by Fehr & Peers.7

The proposed project’s estimated emissions associated with construction and operations are provided below. All CalEEMod results are included as Appendix B to this IS/MND. 7 Fehr & Peers. Draft Transportation Impact Assessment Sand Creek Sports Complex Site. December 2023.

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Construction Emissions
According to the CalEEMod results, the proposed project would result in maximum unmitigated construction criteria air pollutant emissions as shown in Table 2. As shown in the table, the proposed project’s maximum unmitigated construction emissions would be below the applicable thresholds of significance.

Table 2
Maximum Unmitigated Construction Emissions (lbs/day)
Pollutant
Proposed Project
Emissions
Threshold of
Significance
Exceeds
Threshold?
ROG 4.91 54 NO
NOX 46.5 54 NO
PM10 (exhaust) 1.97 82 NO
PM2.5 (exhaust) 1.82 54 NO
Source: CalEEMod, April 2024 (see Appendix B).

All projects within the jurisdiction of the BAAQMD are required to implement all of the following BAAQMD’s BCMMs:

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

4. All vehicle speeds on unpaved roads shall be limited to 15 mph.

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

6. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.

7. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.

8. Unpaved roads provided access to the sites located 100 feet or further from a paved road shall be treated with a six- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.

9. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

The proposed project’s required implementation of the BAAQMD’s BCMMs listed above for the project’s construction activities would help to minimize construction-related emissions. Because the proposed project would be below the applicable thresholds of significance for construction emissions, project construction would not result in a significant air quality impact.

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Operational Emissions
According to the CalEEMod results, the proposed project would result in maximum unmitigated operational criteria air pollutant emissions as shown in Table 3. As shown in the table, the proposed project’s operational emissions would be below the applicable thresholds of significance. As such, the proposed project would not result in a significant air quality impact during operations.

Table 3
Maximum Unmitigated Operational Emissions
Pollutant
Proposed Project
Emissions
Threshold of
Significance Exceeds
lbs/day tons/yr lbs/day tons/yr Threshold?
ROG 19.8 1.19 54 10 NO
NOX 5.47 0.33 54 10 NO
PM10 (exhaust) 0.03 <0.005 82 15 NO
PM2.5 (exhaust) 0.03 <0.005 54 10 NO
Source: CalEEMod, April 2024 (see Appendix B).

Cumulative Emissions
Past, present and future development projects contribute to the region’s adverse air quality impacts on a cumulative basis. By nature, air pollution is largely a cumulative impact. A single project is not sufficient in size to, by itself, result in nonattainment of AAQS. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s contribution to the cumulative impact is considerable, then the project’s impact on air quality would be considered significant. In developing thresholds of significance for air pollutants, BAAQMD considered the emission levels for which a project’s individual emissions would be cumulatively considerable. The thresholds of significance presented in Table 1 represent the levels at which a project’s individual emissions of criteria air pollutants or precursors would result in a cumulatively considerable contribution to the SFBAAB’s existing air quality conditions. If a project exceeds the significance thresholds presented in Table 1, the proposed project’s emissions would be cumulatively considerable, resulting in significant adverse cumulative air quality impacts to the region’s existing air quality conditions. Because the proposed project would result in emissions below the applicable thresholds of significance, the project would not be expected to result in a cumulatively considerable contribution to the region’s existing air quality conditions.

Consistency with the 2017 Clean Air Plan
An additional measure for determining whether a project is consistent with an air quality plan is to determine whether the proposed project is consistent with the growth assumptions incorporated into the air quality plan and, thus, whether the project could interfere with the region’s ability to comply with federal and State AAQS. The development of the 2017 Clean Air Plan is based, in part, on the General Plan land use designations of the various cities and counties that constitute the SFBAAB. The City of Brentwood General Plan was adopted in 2014, prior to adoption of the 2017 Clean Air Plan, and, thus, the buildout of the City of Brentwood according to the General Plan land use designations was generally anticipated within the 2017 Clean Air Plan. The General Plan designates the project site as P and PF and the site is zoned as PD-6 and PF. As discussed throughout this IS/MND, the proposed project would be consistent with the site’s land use and zoning designations. As such, the proposed project would be consistent with the General Plan

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and, thus, consistent with the growth assumptions of the 2017 Clean Air Plan. Therefore, the proposed project would not conflict with or obstruct implementation of an air quality plan.

Conclusion
As stated previously, the applicable regional air quality plans include the 2001 Ozone Attainment Plan and the 2017 Clean Air Plan. According to BAAQMD, if a project would not result in significant and unavoidable air quality impacts, after the application of all feasible mitigation, the project may be considered consistent with the air quality plans.

Because the proposed project would result in emissions below the applicable thresholds of significance and would generally be consistent with the applicable policies and growth assumptions of the 2017 Clean Air Plan, the proposed project would not be considered to conflict with or obstruct implementation of regional air quality plans. In addition, the project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or State AAQS.

Thus, a less-than-significant impact would result.
c. Some land uses are considered more sensitive to air pollution than others, due to the types of population groups or activities involved. Heightened sensitivity may be caused by health problems, proximity to the emissions source, and/or duration of exposure to air pollutants. Children, pregnant women, the elderly, and those with existing health problems are especially vulnerable to the effects of air pollution. Sensitive receptors are typically defined as facilities where sensitive receptor population groups (i.e., children, the elderly, the acutely ill, and the chronically ill) are likely to be located. Accordingly, land uses that are typically considered to be sensitive receptors include residences, schools, playgrounds, childcare centers, retirement homes, convalescent homes, hospitals, and medical clinics. In the vicinity of the project site, sensitive receptors include the residences surrounding the project site, as well as the church/daycare to the south; the nearest existing residence is located adjacent to the project site’s western boundary.

The major pollutant concentrations of concern are localized carbon monoxide (CO) emissions and TAC emissions, which are addressed in further detail below.

Localized CO Emissions
Localized concentrations of CO are related to the levels of traffic and congestion along streets and at intersections. High levels of localized CO concentrations are only expected where background levels are high, and traffic volumes and congestion levels are high.

Emissions of CO are of potential concern, as the pollutant is a toxic gas that results from the incomplete combustion of carbon-containing fuels such as gasoline or wood. CO emissions are particularly related to traffic levels.

In order to provide a conservative indication of whether a project would result in localized CO emissions that would exceed the applicable threshold of significance, the BAAQMD has established screening criteria for localized CO emissions. According to BAAQMD, a proposed project would result in a less-than-significant impact related to localized CO emission concentrations if all of the following conditions are true for the project:
• The project is consistent with an applicable congestion management program established by the county congestion management agency for designated roads

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or highways, regional transportation plan, and local congestion management agency plans;
• The project traffic would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour; and
• The project traffic would not increase traffic volumes at affected intersections to more than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, underpass, etc.).

As indicated in the Transportation Impact Assessment (TIA) prepared for the project by Fehr & Peers (Appendix C),
8 the proposed project would not conflict with the level of service (LOS) standards set forth under the City of Brentwood General Plan and Contra Costa Transportation Authority (CCTA) Congestion Management Program. According to the TIA, during the Cumulative Plus Project scenario, neither the intersection of Sand Creek Road and Linden Street nor the Sand Creek Road and Fairview Avenue intersection would experience traffic volumes in excess of 44,000 vehicles per hour. Furthermore, the adjacent roadways are not located in an area where vertical or horizontal atmospheric mixing is substantially limited, such as a tunnel or freeway overpass. Therefore, based on the BAAQMD’s screening criteria for localized CO emissions, the proposed project would not be expected to result in substantial levels of localized CO at surrounding intersections or generate localized concentrations of CO that would exceed standards or cause health hazards.

TAC Emissions
Another category of environmental concern is TACs. The CARB’s Air Quality and Land Use Handbook: A Community Health Perspective (Handbook) provides recommended setback distances for sensitive land uses from major sources of TACs, including, but not limited to, freeways and high traffic roads, distribution centers, and rail yards. The CARB has identified diesel particulate matter (DPM) from diesel-fueled engines as a TAC; thus, high volume freeways, stationary diesel engines, and facilities attracting heavy and constant diesel vehicle traffic are identified as having the highest associated health risks from DPM. Health risks associated with TACs are a function of both the concentration of emissions and the duration of exposure, where the higher the concentration and/or the longer the period of time that a sensitive receptor is exposed to pollutant concentrations would correlate to a higher health risk.

The proposed project would not involve any land uses or operations that would be considered major sources of TACs, including DPM. As such, the project would not generate any substantial pollutant concentrations during operations.

Short-term, construction-related activities could result in the generation of TACs, specifically DPM, from on-road haul trucks and off-road equipment exhaust emissions.

However, construction is temporary and occurs over a relatively short duration in comparison to the operational lifetime of the proposed project. Health risks are typically associated with exposure to high concentrations of TACs over extended periods of time (e.g., 30 years or greater), whereas the construction period associated with Phase 1A of the proposed project, which would be the most emissions-intensive phase of construction, would likely be limited to approximately two years. The construction period of subsequent phases of the proposed project would be equal to or less than two years, and, thus, would result in fewer TAC emissions than is anticipated for buildout of Phase 1A. 8 Fehr & Peers. Draft Transportation Impact Assessment Sand Creek Sports Complex Site. December 2023.

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All construction equipment and operation thereof would be regulated per the CARB InUse Off-Road Diesel Vehicle Regulation, which is intended to help reduce emissions associated with off-road diesel vehicles and equipment, including DPM. Project construction would also be required to comply with all applicable BAAQMD rules and regulations, particularly associated with permitting of air pollutant sources. In addition, construction equipment would operate intermittently throughout the day and only on portions of the site at a time.

Because construction equipment on-site would not operate for long periods of time and would be used at varying locations within the site, associated emissions of DPM would not occur at the same location (or be evenly spread throughout the entire project site) for long periods of time. Due to the temporary nature of construction and the relatively short duration of potential exposure to associated emissions, the potential for any one sensitive receptor in the area to be exposed to concentrations of pollutants for a substantially extended period of time would be low. Therefore, construction associated with the proposed project would not be expected to expose any sensitive receptors to substantial pollutant concentrations.

Conclusion
Based on the above, the proposed project would not expose any sensitive receptors to substantial concentrations of localized CO or TACs during construction or operation.

Therefore, the proposed project would result in a less-than-significant impact related to the exposure of sensitive receptors to substantial pollutant concentrations. d. Emissions such as those leading to odor have the potential to adversely affect people.

Emissions of principal concern include emissions leading to odors, emission that have the potential to cause dust, or emissions considered to constitute air pollutants. Air pollutants have been discussed in sections “a” through “c” above. Therefore, the following discussion focuses on emissions of odors and dust.

Pursuant to the BAAQMD CEQA Guidelines, odors are generally regarded as an annoyance rather than a health hazard.9 Manifestations of a person’s reaction to odors can range from psychological (e.g., irritation, anger, or anxiety) to physiological (e.g., circulatory and respiratory effects, nausea, vomiting, and headache). The presence of an odor impact is dependent on a number of variables including: the nature of the odor source; the frequency of odor generation; the intensity of odor; the distance of odor source to sensitive receptors; wind direction; and sensitivity of the receptor.

Due to the subjective nature of odor impacts, the number of variables that can influence the potential for an odor impact, and the variety of odor sources, quantitative analysis to determine the presence of a significant odor impact is difficult. Typical odor-generating land uses include, but are not limited to, wastewater treatment plants, landfills, and composting facilities. The proposed project would not introduce any such land uses.

Construction activities often include diesel-fueled equipment and heavy-duty trucks, which could create odors associated with diesel fumes that may be considered objectionable.

However, the construction phase is temporary in nature and construction of Phase 1A, which would be the most emissions-intensive phase of construction, would only occur over 9 Bay Area Air Quality Management District. 2022 California Environmental Quality Act Guidelines. April 2023.

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approximately two years. While the timing of future phases is currently unknown, the phases of the project would not happen concurrently, and subsequent development would occur over fewer than two years. As such, odors associated with future phases of the proposed project would be less intense than those anticipated for Phase 1A. In addition, hours of operation for construction equipment would be restricted to daytime hours Monday through Friday (and until 5:30 PM with the written approval of the City Engineer) pursuant to Section 9.32.050 of the City of Brentwood Municipal Code. Project construction would also be required to comply with all applicable BAAQMD rules and regulations, particularly associated with permitting of air pollutant sources. The aforementioned regulations would help to minimize emissions, including emissions leading to odors. Accordingly, substantial objectionable odors would not be expected to occur during construction activities.

As noted previously, all projects under the jurisdiction of BAAQMD are required to implement the BAAQMD’s BCMMs. The BCMMs would act to reduce construction-related dust by ensuring that haul trucks with loose material are covered, reducing vehicle dirt track-out, and limiting vehicle speeds within the improvement area, among other methods, which would ensure that construction of the proposed project does not result in substantial emissions of dust. Following construction, the entire improvement area would be either paved or landscaped. Thus, project operations would not generate significant amounts of dust that would adversely affect a substantial number of people.

For the aforementioned reasons, construction and operation of the proposed project would not result in emissions (such as those leading to odors) adversely affecting a substantial number of people, and a less-than-significant impact would result.

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IV. BIOLOGICAL RESOURCES.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
   
b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the
California Department of Fish and Wildlife or US Fish and Wildlife Service?
   
c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
   
d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
   
e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
   
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
   
Discussion
a,f. The following discussion is based primarily on a Biological Resources Assessment (BRA) (see Appendix D)10 and an Application Form and Planning Survey Report (PSR) (see Appendix E)11 prepared for the proposed project by Bargas Environmental Consulting, LLC (Bargas).

Although the project site is currently undeveloped, according to the BRA, the project site is comprised of disturbed habitat consisting of plowed fields comprised of Mediterranean grasses and forbs, including foxtail barley (Hordeum murinum), Italian rye grass (Festuca perennis), Italian thistle (Carduus tenuiflorus), and wild radish (Raphanus raphanistrum).

The project site does not contain any trees. According to the PSR, the project site is mapped as Grassland in the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (ECCC HCP/NCCP) Fee Zone Maps.

Special-status species include plant and wildlife species that have been formally listed, are proposed as endangered or threatened, or are candidates for such listing under the federal and State Endangered Species Acts. Both acts afford protection to listed and proposed species. In addition, the California Department of Fish and Wildlife (CDFW) Species of Special Concern, which are species that face extirpation in California if current population and habitat trends continue, U.S. Fish and Wildlife Service (USFWS) Birds of 10 Bargas Environmental Consulting, LLC. Biological Resources Assessment: Brentwood Sand Creek Sports Complex. January 2024. 11 Bargas Environmental Consulting, LLC. Application Form and Planning Survey Report. November 30, 2023.

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Conservation Concern, sensitive species included in USFWS Recovery Plans, and CDFW special-status invertebrates are all considered special-status species. Although CDFW Species of Special Concern generally do not have special legal status, they are given special consideration under CEQA. In addition to regulations for special-status species, most birds in the U.S., including non-status species, are protected by the Migratory Bird Treaty Act (MBTA) of 1918. Under the MBTA, destroying active nests, eggs, and young is illegal. In addition, plant species on California Native Plant Society (CNPS) Lists 1 and 2 are considered special-status plant species and are protected under CEQA.

A search of the California Natural Diversity Database (CNDDB) was conducted in order to identify special-status plant and wildlife species that may occur at or near the project site.

The intent of the database review was to identify documented occurrences of specialstatus species in the vicinity of the project area, to determine their locations relative to the project site, and to evaluate whether the site meets the habitat requirements of such species. Based on the results of the CNDDB search, several special-status plant and wildlife species are known to occur within the project region. However, due to past site disturbance, the majority of species are not expected to occur on-site due to lack of suitable habitat(s).

The project site is located within the boundaries of the ECCC HCP/NCCP, which is intended to provide an effective framework to protect natural resources in the County, including special-status species. In February 2015, the East Contra Costa County Habitat Conservancy prepared an ECCC HCP/NCCP Assessment of Plan Effects on CEQA Species.12 The purpose of the assessment was to provide a programmatic, cumulative CEQA effects analysis for CEQA species not covered by the HCP/NCCP. The 2015 ECCC HCP/NCCP Assessment of Plan Effects on CEQA Species concluded that mitigation measures required in the ECCC HCP/NCCP also provide mitigation for non-covered species; therefore, projects consistent with the ECCC HCP/NCCP would have a less-thansignificant impact on other potential special-status species.

According to the 2015 ECCC HCP/NCCP Assessment of Plan Effects on CEQA Species, for all but two of the potential special-status species addressed (Lime Ridge navarretia [Navarretia gowenii] and the Lime Ridge eriastrum [Eriastrum ertterae]), impacts would be less than significant under CEQA. Because of uncertainty regarding the distribution of the Lime Ridge navarretia and the Lime Ridge eriastrum, the 2015 ECCC HCP/NCCP Assessment of Plan Effects on CEQA Species concluded that a potentially significant impact could occur related to the two aforementioned species. Bargas did not identify any known occurrences of Lime Ridge navarretia or Lime Ridge eriastrum within the project site or immediate vicinity. Therefore, implementation of the proposed project would not impact the species. As discussed in further detail below, the proposed project would be required to comply with the ECCC HCP/NCCP. As such, based on the conclusions of the 2015 ECCC HCP/NCCP Assessment of Plan Effects on CEQA Species and the absence of the Lime Ridge navarretia and Lime Ridge eriatrum in the vicinity of the project site, the proposed project would have a less-than-significant impact on any potential special-status wildlife and plant species not covered by the ECCC HCP/NCCP. 12 H.T. Harvey & Associates. East Contra Costa County Habitat Conservation Plan – Assessment of Plan Effects on CEQA Species. February 17, 2015.

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Special-Status Plants
Special-status plants generally occur in relatively undisturbed areas within vegetation communities such as vernal pools, marshes and swamps, chenopod scrub, seasonal wetlands, riparian scrub, chaparral, alkali playa, dunes, and areas with unusual soil characteristics.

Based on the CNDDB search conducted for the project area, a total of ten special-status plant species are known to occur within the general vicinity of the project site. However, based on the results of the site survey conducted by Bargas on July 25, 2023 for the project site, special-status plant species have not been observed on the project site.

Moreover, the project site has been disced and mowed periodically for years, and, thus, is not suitable habitat for any special-status plant species known to occur in the region.

Therefore, Bargas concluded that impacts to special-status plant species would not occur as a result of the proposed project.

Special-Status Wildlife
Based on the CNDDB search conducted for the project area, a total of 17 special-status wildlife species are known to occur within the vicinity of the project site. The BRA determined that the project site contains low quality habitat for 15 of the identified specialstatus species. The BRA determined that western burrowing owl is the only species with a moderate potential to occur on-site. In addition, the BRA concluded that giant garter snake and nesting birds protected under the MBTA could occur on-site.

It is noted that milkweed, the host plant for the Monarch butterfly, has the potential to occur on-site. However, milkweed was not observed during the site survey conducted by Bargas, and the BRA states that as long as the project site is regularly plowed until construction is completed, milkweed would not occur on-site, and, thus, Monarch butterfly would also be absent from the project site. Because the project site is regularly disked, the project site would not have the potential to contain Monarch butterfly habitat.

Western Burrowing Owl
The western burrowing owl is a California Species of Special Concern. Burrowing owl habitat is usually found in annual and perennial grasslands, characterized by low-growing vegetation. The primary habitat requirement for western burrowing owls is small mammal burrows that the species uses for nesting. Typically, the species uses abandoned ground squirrel burrows, but western burrowing owls have been known to dig burrows in softer soils. In urban areas, western burrowing owls may use pipes, culverts, and piles of material as artificial burrows. Western burrowing owls breed semi-colonially from March through August.

The project site is located within the identified range of western burrowing owl, and CNDDB has recorded occurrences of the species within the project site. Furthermore, Bargas observed an empty burrow in the north side of the project site, where mounds of dirt have been piled. Although the individual burrow was not confirmed to be active and is not surrounded by additional burrows, and although the project site consists of disked and disturbed grasses, because suitable habitat for western burrowing owl may exist on the project site, pre-construction surveys for burrowing owls would be required by the ECCC HCP/NCCP to confirm presence or absence of the species. If burrowing owls are present on or near the project site, the proposed project could result in an adverse impact to the species.

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Giant Garter Snake
The giant garter snake is a covered species by the ECCC HCP/NCCP that historically occupied the Sacramento and San Joaquin valleys. However, the species’ current range has been reduced. Primarily associated with marshes and sloughs, giant garter snake is active from mid-March until October. Giant garter snake forages for fish and amphibians primarily in and along streams. The species is diurnal and often basks on emergent vegetation. At night, giant garter snake takes refuge in mammal burrows, crevices, and other small holes.

The project site lacks foraging habitat for giant garter snake, which implies that the species is unlikely to occur on-site. However, Sand Creek, which may support the species, is located approximately 200 feet from the project site. As such, pre-construction surveys for giant garter snake would be required by the ECCC HCP/NCCP to confirm presence or absence of the species. If giant garter snake is present on or near the project site, the proposed project could result in an adverse impact to the species.

Nesting Raptors and Migratory Birds
Due to the lack of on-site trees, raptors and migratory birds protected by the MBTA would not establish nests on-site. However, the potential exists for such species to establish nests in existing trees in the project vicinity and/or forage on-site. Construction activities that adversely affect the nesting success of raptors and migratory birds (i.e., lead to the abandonment of active nests) or result in mortality of individual birds constitute a violation of State and federal laws. Thus, in the event that such species occur in the project site vicinity during the breeding season, or are foraging on-site, project construction activities could result in an adverse effect to species protected under the MBTA.

ECCC HCP/NCCP Requirements
Procedures for pre-construction surveys, best management practices, and construction monitoring, as well as Applicable Avoidance and Minimization Measures (AMMs) for species covered by the ECCC HCP/NCCP are outlined in Section 6.3.3 Surveys for Construction Monitoring and Section 6.4.3 Species-Level Measures of the ECCCHCP/NCCP.13 The project would be required to comply with all applicable ECCC HCP/NCCP requirements, including conducting pre-construction surveys prior to ground disturbance activities to establish whether nests or burrows of western burrowing owl are occupied. If nests or burrows are occupied, the project would be required to comply with the minimization requirements and construction monitoring in the ECCC HCP/NCCP. In compliance with the ECCC HCP/NCCP, the project would also be required to follow AMMs if nests are located within 500 feet of the project site.

All birds covered by the ECCC HCP/NCCP are also considered migratory birds and subject to the prohibitions of the MBTA. Therefore, actions conducted under the ECCC HCP/NCCP comply with the provisions of the MBTA. Because the project would comply with all ECCC HCP/NCCP requirements, the project would also comply with the provisions of the MBTA.

Furthermore, the proposed project would be subject to pay all applicable fees according to the Fee Zone Map of the ECCC HCP/NCCP prior to construction. Payment would be 13 East Contra Costa County Habitat Conservation Plan Association. Final East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan. October 2006.

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required for the appropriate fees based on the applicable fee calculator at the time of development.

Conclusion
Based on the above, western burrowing owl, giant garter snake, and nesting birds protected under the MBTA have the potential to occur on-site. However, the project would comply with ECCC HCP/NCCP requirements, and pre-construction surveys would be required for the foregoing species. Without compliance with all applicable ECCC HCP/NCCP requirements, the proposed project could have an adverse effect, either directly or through habitat modifications, on species identified as special-status species in local or regional plans, policies, or regulations, or by the CDFW or the USFWS, and a potentially significant impact could occur.

Mitigation Measure(s)
Consistent with the applicable ECCC HCP/NCCP AMMs, implementation of the following mitigation measures would reduce the above potential impact to a less-than-significant level.

IV-1. Prior to the issuance of grading or construction permits for the project site, an application and obtain coverage under the ECCC HCP/NCCP shall be submitted to the East Contra Costa County Conservancy. Obtaining coverage shall include payment of the applicable ECCC HCP/NCCP per acre fee in effect for Zone I in compliance with Section 16.168.070 of the Brentwood Municipal Code. The contractor shall receive a Certificate of Coverage from the City of Brentwood and submit a construction monitoring report to the ECCC Habitat Conservancy for review and approval. The Certificate of Coverage will confirm the fee has been received, that other ECCC HCP/NCCP requirements have been met or will be performed, and will authorize take of covered species.

Western Burrowing Owl
IV-2(a). Prior to any ground disturbance related to covered activities, a USFWS/CDFW-approved biologist shall conduct a preconstruction survey in areas identified in the planning surveys completed for the proposed project as having potential burrowing owl habitat. The preconstruction surveys shall establish the presence or absence of western burrowing owl and/or habitat features and evaluate use by owls, in accordance with CDFW survey guidelines.

On areas where activities are proposed, the biologist shall survey the proposed disturbance footprint and a 500-foot radius from the perimeter of the proposed footprint to identify burrows and owls. Adjacent parcels under different land ownership shall not be surveyed. Surveys shall take place near sunrise or sunset, in accordance with CDFW guidelines. All burrows or burrowing owls shall be identified and mapped. Surveys shall take place, at most, 30 days prior to construction. During the breeding season (February 1 to August 31), surveys shall document whether burrowing owls are nesting in or directly adjacent to disturbance areas. During the nonbreeding season (September 1 to January 31), surveys shall document

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whether burrowing owls are using habitat in or directly adjacent to any disturbance area. Survey results shall be valid only for the season (breeding or nonbreeding) during which the survey is conducted. A report detailing the methodology and results of the survey shall be submitted for review and approval to the City of Brentwood Community Development Department.

IV-2(b). If burrowing owls are found during the breeding season (February 1 to August 31), in accordance with the CDFW’s Staff Report on Burrowing Owl Mitigation, the contractor shall avoid all nest sites that could be disturbed by project construction during the remainder of the breeding season or while the nest is occupied by adults or young. Avoidance shall include establishment of a non-disturbance buffer zone (as described below).

Construction may occur during the breeding season if a qualified biologist monitors the nest and determines that the birds have not begun egg-laying and incubation or that the juveniles from the occupied burrows have fledged. During the nonbreeding season (September 1 to January 31), the contractor shall avoid the owls and the burrows they are using, if possible.

Avoidance shall include the establishment of a buffer zone (as described below).

During the breeding season, buffer zones of at least 250 feet in which construction activities cannot occur shall be established around each occupied burrow (nest site). Buffer zones of 160 feet shall be established around each burrow being used during the nonbreeding season. The buffers shall be delineated by highly visible, temporary construction fencing.

If occupied burrows for burrowing owls are not avoided, passive relocation shall be implemented. Owls shall be excluded from burrows in the immediate impact zone and within a 160-foot buffer zone by installing oneway doors in burrow entrances. The doors shall be in place for 48 hours, prior to excavation. The project area shall be monitored daily for one week to confirm that the owl has abandoned the burrow. Whenever possible, burrows shall be excavated using hand tools and refilled to prevent reoccupation. Plastic tubing or a similar structure shall be inserted in the tunnels during excavation to maintain an escape route for any owls inside the burrow. A report detailing compliance with the provisions established herein shall be submitted for review and approval to the City of Brentwood Community Development Department.

Giant Garter Snake
IV-3(a). Prior to any ground disturbance related to covered activities, a USFWS/CDFW–approved biologist shall conduct a preconstruction survey in areas identified in the planning surveys as having suitable garter snake habitat and 200 feet of adjacent uplands, measured from the outer edge of each bank. The surveys shall delineate suitable habitat and document any sightings of giant garter snake.

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IV-3(b). To the maximum extent practicable, impacts on giant garter snake habitat as a result of covered activities shall be avoided. If feasible, in areas near construction activities, a buffer of 200 feet from suitable habitat shall be delineated within which vegetation disturbance or use of heavy equipment is prohibited.

If impacts on giant garter snake habitat as a result of covered activities are not avoided, the following measures shall be implemented. These measures are based on USFWS’s Standard Avoidance and Minimization Measures during Construction Activities in Giant Garter Snake Habitat (U.S. Fish and Wildlife Service 1999).
• Limit construction activity that disturbs habitat to the period between May 1 and September 30. This is the active period for giant garter snake, and direct mortality is minimized because snakes are more likely to independently move away from disturbed area. If activities are necessary in giant garter snake habitat between October 1 and April 30, the USFWS Sacramento Field Office shall be contacted to determine if additional measures beyond those described below are necessary to minimize and avoid take.
• In areas where construction is to take place, dewater all irrigation ditches, canals or other aquatic habitat between April 15 and September 30 to remove habitat of garter snakes. Dewatered areas must remain dry, with no puddled water remaining, for at least 15 consecutive days prior to the excavation or filling of that habitat. If a site cannot be completely dewatered, netting and salvage of prey items may be necessary.

IV-3(c). If suitable habitat for giant garter snake cannot be avoided between October 1 and April 30 the USFWS Sacramento Field Office shall be contacted to determine if additional measures beyond those described below are necessary, and the following actions will be performed. A USFWS-approved biologist shall conduct a construction survey no more than 24 hours before construction in suitable habitat and shall be on site during construction activities in potential aquatic and upland habitat to ensure that individuals of giant garter snake encountered during construction will be avoided. The biologist shall provide USFWS with a field report form documenting the monitoring efforts within 24 hours of commencement of construction activities. The monitor shall be available thereafter. If a snake is encountered during construction activities, the monitor shall have the authority to stop construction activities until appropriate corrective measures have been completed or it is determined that the snake will not be harmed. Giant garter snakes encountered during construction activities should be allowed to move away from the construction area on their own. Only personnel with a USFWS recovery permit pursuant to Section 10(a)(1)(A) of the ESA will have the authority to capture and/or relocate giant garter snakes that are encountered in the construction area. The project area will be reinspected whenever a lapse in construction activity of 2 weeks or more has occurred.

To ensure that construction equipment and personnel do not affect nearby aquatic habitat for giant garter snake outside construction areas, silt

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fencing shall be erected to clearly define the aquatic habitat to be avoided; restrict working areas, spoils, and equipment storage and other project activities to areas outside of aquatic or wetland habitat; and maintain water quality and limit construction runoff into wetland areas through the use of fiber bales, filter fences, vegetation buffer strips, or other appropriate methods.

Fill or construction debris may be used by giant garter snakes as overwintering sites. Therefore, upon completion of construction activities, any temporary fill or construction debris must be removed from the site.

Construction personnel shall be trained to avoid harming giant garter snakes. A qualified biologist approved by USFWS will inform all construction personnel about the life history of giant garter snakes; the importance of irrigation canals, marshes/wetlands, and seasonally flooded areas such as rice fields to giant garter snakes; and the terms and conditions of the Plan related to avoiding and minimizing impacts on giant garter snake
Migratory Birds
IV-4(a). Prior to any ground disturbance related to covered activities during the nesting season (March 15-September 15), a qualified biologist shall conduct a preconstruction survey no more than 30 days prior to construction in order to establish whether occupied migratory bird and/or raptor nests are located within 250 feet of the project site. A written summary of the survey results shall be submitted to the City of Brentwood Community Development Department. If occupied nests occur on-site or within 250 feet of the project site, then Mitigation Measure IV-4(b) shall be implemented. If occupied nests are not found, further mitigation is not necessary.

IV-4(b). During the nesting season (March 15-September 15), covered activities within 250 feet of occupied nests or nests under construction shall be prohibited to prevent nest abandonment. If site-specific conditions, or the nature of the covered activity (e.g., dense vegetation, limited activities) indicate that a smaller buffer could be used, the City of Brentwood may coordinate with CDFW/USFWS to determine the appropriate buffer size. If young fledge prior to September 15, covered activities can proceed normally.
b,c. Riparian habitats are described as the land and vegetation that is situated along the bank of a stream or river. Wetlands are areas where water covers the soil, or is present either at or near the surface of the soil all year or for varying periods of time during the year.

Vernal pools are seasonal depressional wetlands that are covered by shallow water for variable periods from winter to spring, but may be completely dry for most of the summer and fall. Vernal pools range in size from small puddles to shallow lakes, and are usually found in gently sloping plains of grasslands.

According to the BRA prepared for the proposed project, jurisdictional Waters of the U.S. or wetlands of any type are not present within the Phase 1 portion of the project site.

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Although the Basin IS/MND determined that the Phase 2 portion of the project site contained approximately 1.03 acres of seasonal wetlands, the Basin IS/MND concluded that implementation of mitigation would reduce impacts to wetlands to a less-thansignificant level. Because the LSCB has already been developed, the proposed project would not result in any additional impacts upon riparian habitats or wetlands within the Phase 2 portion of the project site.

In addition, although Sand Creek is located north of the project site boundary, the Creek would be fully avoided during project construction. The project site is comprised of disturbed habitat consisting of plowed fields. Therefore, impacts related to having a substantial adverse effect on a riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFW or USFWS would be less than significant. In addition, the project would not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. Thus, a less-than-significant impact would occur.
d. Habitat loss, fragmentation, and degradation have the potential to alter the use and viability of wildlife movement corridors (i.e., linear habitats that naturally connect and provide passage between two or more otherwise distinct larger habitats or habitat fragments). The suitability of a habitat as a wildlife movement corridor is related to, among other factors, the habitat corridor’s dimensions (length and width), topography, vegetation, exposure to human influence, and the species in question.

As discussed previously, the project site is generally surrounded by existing development.

Due to the disturbed nature of the project site, the potential for use of the site as a wildlife corridor or native wildlife nursery site is limited. Although Sand Creek may currently serve as a limited migration corridor for wildlife, the proposed project would be adequately set back from the Creek such that disturbance would not occur. In addition, compliance with the ECCC HCP/NCCP requirements discussed above would ensure that the proposed project would not interfere with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites. Therefore, a less-than-significant impact would occur. e. The project site does not contain any trees, and project buildout would not require the removal of any trees. Therefore, the proposed project would not conflict with local policies or ordinances protecting biological resources, and a less-than-significant impact would occur.

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V. CULTURAL RESOURCES.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?     b. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5?
   
c. Disturb any human remains, including those interred
outside of dedicated cemeteries.    
Discussion
The following discussion is based primarily on a Cultural Resources Study was prepared for the proposed project by Tom Origer & Associates (Origer). 14 a. A records search of the California Historic Resources Information System (CHRIS) was performed by the Northwest Information Center (NWIC) for cultural resource site records and survey reports within the project area on April 20, 2023. The records search indicated that cultural resources have not been documented within the project area, or within one mile of the project site.

As part of the Cultural Resources Study conducted for the project area, Origer conducted a site survey of the Phase 1 portion of the project site on May 18, 2023. The site survey consisted of a surface examination and the excavation of four auger holes to a depth of 150 centimeters. Origer did not encounter any resources that would be eligible for California Register of Historical Resources (CRHR) listing. In addition, according to a CHRIS search and field survey conducted for the Phase 2 portion of the project site as part of the Basin IS/MND, evidence of historical resources was not discovered within the LSCB. Therefore, the proposed project and off-site improvements would not cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5, and a less-than-significant impact would occur. b,c. As discussed above, the CHRIS search conducted for the Cultural Resources Study indicated that cultural resources have not been documented within the project area. In addition, the site visit conducted on April 20, 2023 did not identify any previously unrecorded archeological resources within the Phase 1 portion of the project site.

According to Origer, the project site has already been subject to multiple cultural resource surveys which did not detect cultural resources on-site or within a half-mile of the project site. Origer determined that the majority of the project site has only a moderate potential for buried archeological site indicators. However, the portion of the project site located within approximately 500 feet of Sand Creek was determined to have a high potential for buried archeological site indicators due to the high potential for such areas to have been subject to past human occupation.

Based on the CHRIS search conducted for the LSCB, the Basin IS/MND determined that cultural resources have not been documented within the Phase 2 area of the project site.

Furthermore, the Phase 2 area of the project site was subject to grading activities during the development of the LSCB. Any previously unknown cultural resources would have 14 Tom Origer & Associates. Cultural Resources Study for the Sand Creek Sports Complex Project. May 30, 2023.

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been encountered during such activities; thus, cultural resources are unlikely to be present within the LSCB.

Considering that unknown archaeological resources, including human remains and/or historic resources, have the potential to exist within the Phase 1 area of the project site, ground-disturbing activity related to project construction could encounter such resources.

Therefore, the proposed project and off-site improvements could cause a substantial adverse change in the significance of a historic or archaeological resource pursuant to CEQA Guidelines Section 15064.5 and/or disturb human remains, including those interred outside of dedicated cemeteries during construction. Thus, impacts could be considered potentially significant.

Mitigation Measure(s)
Implementation of the following mitigation measure would reduce the above potential impact related to Phase 1 of the proposed project to a less-than-significant level.

V-1. Prior to grading permit issuance, the plans shall include a note requiring that a qualified archaeologist conduct a Cultural Resources Worker Environmental Awareness Program (WEAP) training for all personnel involved in ground-disturbing, site preparation construction activities on the project site prior to construction and ground-disturbing activities. The training shall include basic information about the types of artifacts that might be encountered during construction activities, and procedures to follow in the event of a discovery. The training shall be provided for any additional personnel added to the project even after the initiation of construction and ground disturbing activities.

V-2. During construction, if historic and/or cultural resources are encountered during site grading or other site work, all such work shall be halted immediately within 100 feet and the contractor shall immediately notify the Community Development Department of the discovery. In such case, a qualified archaeological monitor shall be retained by the contractor, at its own expense, and shall evaluate any potentially important discovery.

Significance determinations shall be measured in terms of criteria for inclusion on the California Register of Historical Resources (Title 14 CCR, §4852[a]), and the definition of tribal cultural resources set forth in Public Resources Code Section 21074. The archaeologist shall be required to submit to the Community Development Department for review and approval a report of the findings and method of curation or protection of the resources. Comments on the report shall be submitted by the Native American tribes within 30 days of receipt of the report. Further grading or site work within the area of discovery shall not be allowed until the preceding work has occurred.

V-3. During construction, if human remains, or remains that are potentially human, are found during construction, a professional archeologist shall ensure reasonable protection measures are taken to protect the discovery from disturbance. The archaeologist shall notify the Contra Costa County Coroner (per §7050.5 of the State Health and Safety Code). The provisions of §7050.5 of the California Health and Safety Code, §5097.98 of the California Public Resources Code, and Assembly Bill 2641 will be implemented. If the Coroner determines the remains are Native American

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and not the result of a crime scene, then the Coroner will notify the Native American Heritage Commission (NAHC), which then will designate a Native American Most Likely Descendant (MLD) for the project (§5097.98 of the Public Resources Code). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the project contractor does not agree with the recommendations of the MLD, the NAHC can mediate (§5097.94 of the Public Resources Code). If an agreement is not reached, the qualified archaeologist or MLD must rebury the remains where they will not be further disturbed (§5097.98 of the Public Resources Code). This will also include either recording the site with the NAHC or the appropriate Information Center, using an open space or conservation zoning designation or easement, or recording a reinternment document with the county in which the property is located (AB 2641). Work cannot resume within the no-work radius until the lead agencies, through consultation as appropriate, determine that the treatment measures have been completed to their satisfaction.

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VI. ENERGY.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or
operation?
   
b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?    
Discussion
a,b The main forms of available energy supply are electricity, natural gas, and oil. A description of the California Green Building Standards Code and the Building Energy Efficiency Standards, with which the proposed project would be required to comply, as well as discussions regarding the proposed project’s potential effects related to energy demand during construction and operations are provided below.

California Green Building Standards Code
The 2022 California Green Building Standards Code, otherwise known as the CALGreen Code (CCR Title 24, Part 11) is a portion of the California Building Standards Code (CBSC), which became effective on January 1, 2023.15 The purpose of the CAL Green Code is to improve public health, safety, and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices. The CBSC standards regulate the method of use, properties, performance, types of materials used in construction, alteration repair, improvement and rehabilitation of a structure or improvement to property. The provisions of the code apply to the planning, design, operation, construction, use, and occupancy of every newly constructed building or structure throughout California. Requirements of the CALGreen Code include, but are not limited to, the following measures:
• Compliance with relevant regulations related to future installation of electric vehicle (EV) charging infrastructure in residential and non-residential structures; • Indoor water use consumption is reduced through the establishment of maximum fixture water use rates;
• Outdoor landscaping must comply with the California Department of Water Resources’ Model Water Efficient Landscape Ordinance (MWELO), or a local ordinance, whichever is more stringent, to reduce outdoor water use; • Diversion of 65 percent of construction and demolition waste from landfills; • Mandatory use of low-pollutant emitting interior finish materials such as paints, carpet, vinyl flooring, and particle board; and
• For some single-family and low-rise residential structures developed after January 1, 2020, mandatory on-site solar energy systems capable of producing 100 percent of the electricity demand created by the residence(s). Certain residential developments, such as developments that are subject to substantial shading, rendering the use of on-site solar photovoltaic systems infeasible, may be exempted from the foregoing requirement on a case-by-case basis. 15 California Building Standards Commission. California Green Building Standards Code. 2022.

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Building Energy Efficiency Standards
The 2022 Building Energy Efficiency Standards is a portion of the CBSC, which expands upon energy-efficiency measures from the 2019 Building Energy Efficiency Standards, went into effect starting January 1, 2023. The 2022 standards provide for additional efficiency improvements beyond the 2019 standards. The proposed project would be subject to all relevant provisions of the most recent update of the CBSC, including the Building Energy Efficiency Standards. Adherence to the most recent CALGreen Code and Building Energy Efficiency Standards would ensure that the proposed structures and facilities would consume energy efficiently.

Construction Energy Use
The proposed project would require site preparation, grading, building construction, architectural coating, and paving. The construction phase would require energy for the manufacture and transportation of building materials, preparation of the site (e.g., site preparation and grading), and the actual construction of the building. Petroleum-based fuels such as diesel fuel and gasoline would be the primary sources of energy for these tasks.

The types of on-site equipment used during construction of the proposed project could include gasoline- and diesel-powered construction and transportation equipment, including trucks, bulldozers, frontend loaders, forklifts, and cranes. Other equipment could include construction lighting, field services (office trailers), and electrically driven equipment such as pumps and other tools. Policy N 1-15 of the Noise Element requires construction activities to comply with standard best practices as outlined in Action N 1E.

Action N 1E states, in part, that construction activities are limited to 7:00 AM to 6:00 PM Monday-Friday and 8:00 AM to 5:00 PM on Saturday; construction is prohibited on Sundays and City holidays. As on-site construction activities would be restricted to the aforementioned hours, use of construction lighting is anticipated to be minimal. Singlewide mobile office trailers, which are commonly used in construction staging areas, generally range in size from 160 sf to 720 sf. A typical 720-sf office trailer would consume approximately 22,456 kWh during the 22-month construction phase for Phase 1A of the proposed project.

All construction equipment and operation thereof would be regulated per the CARB InUse Off-Road Diesel Vehicle Regulation, which is intended to reduce emissions from inuse, off-road, heavy-duty diesel vehicles in California by imposing limits on idling, requiring all vehicles to be reported to CARB, restricting the addition of older vehicles into fleets, and requiring fleets to reduce emissions by retiring, replacing, or repowering older engines, or installing exhaust retrofits. The In-Use Off-Road Diesel Vehicle Regulation would subsequently help to improve fuel efficiency and reduce GHG emissions by requiring construction vehicles to become cleaner through the use of renewable energy resources. Technological innovations and more stringent standards are being researched, such as multi-function equipment, hybrid equipment, or other design changes, which could help to reduce demand on oil and emissions associated with construction.

The CARB has prepared the 2017 Climate Change Scoping Plan Update (2017 Scoping Plan),16 which builds upon previous efforts to reduce GHG emissions and is designed to continue to shift the California economy away from dependence on fossil fuels. Appendix B of the 2017 Scoping Plan includes examples of local actions (municipal code changes, 16 California Air Resources Board. The 2017 Climate Change Scoping Plan Update. November 2017.

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zoning changes, policy directions, and mitigation measures) that would support the State’s climate goals. The examples provided include, but are not limited to, enforcing idling time restrictions for construction vehicles, utilizing existing grid power for electric energy rather than operating temporary gasoline/diesel-powered generators, and increasing use of electric and renewable fuel-powered construction equipment. The In-Use Off-Road Diesel Vehicle Regulation described above, with which the proposed project must comply, would be consistent with the intention of the 2017 Scoping Plan and the recommended actions included in Appendix B of the 2017 Scoping Plan.

Based on the above, the temporary increase in energy use occurring during construction of the proposed project would not result in a significant increase in peak or base demands or require additional capacity from local or regional energy supplies. In addition, the proposed project would be required to comply with all applicable regulations related to energy conservation and fuel efficiency, which would help to reduce the temporary increase in demand.

The proposed project would also be required to comply with CCR Title 13, Sections 2449(d)(3) and 2485, which limits idling from both on-road and off-road diesel-powered equipment. Thus, it is anticipated that construction of the proposed project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing energy use or increasing the use of renewable energy.

Operational Energy Use
Following implementation of the proposed project, PG&E would provide electricity to the project site. Energy use associated with operation of the proposed project would consist of electricity required for lighting of the sports fields and recreation areas, as well as electricity use associated with operation of the on-site amenities. However, electricity supplied to the project by PG&E would comply with the State’s Renewable Portfolio Standard (RPS), which requires investor-owned utilities, electric service providers, and community choice aggregators to increase procurement from eligible renewable energy resources to 33 percent of total procurement by 2020 and to 60 percent by 2030. Thus, a portion of the energy that would be consumed by the roadway in the future would originate from renewable sources.

With regard to transportation energy use, the project site is located adjacent Sand Creek Road, which provides access to SR 4. SR 4 is approximately 3,200 feet west of the project site, and, as a result, the proposed project would be in proximity to a regional route of travel. The existing transportation facilities in the area would provide future visitors and employees associated with the proposed project with access to public transportation, thus, further reducing fuel consumption demand. For example, the existing bus stop located on the site’s southern frontage, west of Linden Street, would allow for convenient public transportation to the site, and bicycle and pedestrian access would be provided to the Sand Creek Trail north of the project site. Therefore, operational-related transportation fuel consumption would not result in a significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources.

Conclusion
Based on the above, construction and operation of the proposed project would not result in wasteful, inefficient, or unnecessary consumption of energy resources or conflict with

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or obstruct a State or local plan for renewable energy or energy efficiency. Thus, a lessthan-significant impact would occur.

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VII. GEOLOGY AND SOILS.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death
involving:
i. Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area based on other substantial evidence of a
known fault? Refer to Division of Mines and
Geology Special Publication 42.
   
ii. Strong seismic ground shaking?    
iii. Seismic-related ground failure, including
liquefaction?    
iv. Landslides?    
b. Result in substantial soil erosion or the loss of topsoil?     c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
   
d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
   
e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of
wastewater?
   
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?    
Discussion
ai-ii. According to the City of Brentwood General Plan EIR, the City’s planning area does not contain any active or potentially active faults. The nearest active faults are the Greenville Fault and the Concord-Green Valley Fault, located approximately nine miles and 15 miles from the project site, respectively. Known active or potentially active faults do not exist on the project site. In addition, the project site is not located within a State-designated AlquistPriolo Fault Zone.17 Thus, the potential for fault rupture risk at the project site is relatively low.

An earthquake of moderate to high magnitude generated by the above faults could cause considerable ground shaking at the project site. It is noted that Phase 2 of the proposed project would not involve grading activities or the construction of structures; additionally, impacts related to seismic hazards due to development of the LSCB were addressed and dismissed in the Basin IS/MND. The analysis included herein assumes that development of the LSCB has been completed in compliance with the requirements included in the Basin IS/MND. Therefore, Phase 2 is not anticipated to result in any impacts related to seismic hazards, and, as a result, further discussion of Phase 2 is not included herein.

However, Phase 1 of the proposed project would be subject to all applicable regulations within the CBSC and Chapter 15.04 (Building Code) of the City’s Municipal Code, which provides standards to protect property and public safety by regulating the design and 17 California Geologic Survey. Seismic Hazard Zone Report for the Brentwood 7.5-Minute Quadrangle, Contra Costa County, California. 2018.

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construction of foundations, building frames, and other building elements. It is also noted that the site is relatively flat and landslides would not pose a hazard to on-site structures or future residents. However, a potentially significant impact would occur related to exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, strong seismic ground shaking, seismic-related ground failure, or landslides if the aforementioned regulations are not implemented during development of Phase 1 of the proposed project.

Mitigation Measure(s)
Implementation of the following mitigation measures would reduce the above potential impact related to Phase 1 of the proposed project to a less-than-significant level.

VII-1. All project buildings shall be designed in conformance with the current edition of the California Building Code (CBC).

VII-2. Prior to grading permit issuance and approval of foundation plans, the contractor shall submit a final geotechnical evaluation of the project site that analyzes soil stability including soil expansion, and the potential for lateral spreading, subsidence, liquefaction or collapse. The report shall identify any on site soil and seismic hazards and provide design recommendations for onsite soil and seismic conditions. The geotechnical evaluation and all grading and foundation plans shall be reviewed and approved by the Director of Public Works/City Engineer, Chief Building Official, and a qualified Geotechnical Engineer to ensure that all geotechnical recommendations specified in the geotechnical report are properly incorporated and utilized in the project design in order to adhere to all geotechnical requirements contained in the California Building Code. aiii,aiv.
c. The proposed project’s potential effects related to liquefaction, landslides, lateral spreading, and subsidence/settlement are discussed in detail below.

Liquefaction
Liquefaction is a phenomenon in which saturated, cohesionless soils are subject to a temporary total loss of shear strength due to pore pressure build-up associated with seismic events. According to the California Geological Survey (CGS) and the Basin IS/MND, the project site is located within a liquefaction zone. As such, the proposed project could be subject to surface disruption.

Landslides
Seismically-induced landslides are triggered by earthquake ground shaking. The risk of landslides is greatest in the late winter when groundwater levels are highest and hillside colluvium is saturated. The Seismic Hazards Mapping Act (SHMA) of 1990 (PRC, Chapter

7.8, Section 2690-2699.6) directs the CGS to identify and map areas prone to earthquakeinduced landslides. According to the CGS, the project site is not located within a Seismic Hazard Zone associated with earthquake-induced landslides.18 Additionally, the project site does not feature varying degrees of slope commonly associated with areas at risk for 18 California Geological Survey. Earthquake Zones of Required Investigation. Available at:
https://maps.conservation.ca.gov/cgs/EQZApp/app/. Accessed July 2023.

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earthquake-induced landslides. Therefore, it is determined that landslides do not pose a risk to the proposed project.

Lateral Spreading
Lateral spreading is a phenomenon, commonly associated with liquefaction, in which a soil mass moves towards a free face, such as an excavation or road cut, or down a gentle slope. As previously discussed, the site has the potential for liquefaction. However, because the project site is relatively level and free faces do not exist in the project vicinity, the potential for lateral spread is low.

Subsidence/Settlement
Differential settlement is defined as the vertical difference in settlement between adjacent foundation supports or across a horizontal distance of 30 feet, whichever is less. A majority of the estimated elastic settlement is expected to occur during construction as the foundation is loaded or fill/backfill is placed. According to the U.S. Department of Agriculture’s Web Soil Survey, the project site has a low potential for subsidence or settlement.19
Conclusion
Based on the above, the proposed project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides, lateral spreading, or subsidence. However, on-site soils could be subject to liquefaction. It is noted that Phase 2 of the proposed project would not involve grounddisturbing activities or construction of structures, and the Basin IS/MND concluded that impacts related to the foregoing factors due to development of the LSCB would be less than significant; this analysis assumes that work analyzed in the Basin IS/MND has been completed in compliance with the requirements therein. As such, Phase 2 would not result in impacts related to liquefaction. Nonetheless, without further investigation of on-site soils, Phase 1 of the proposed project could result in impacts related to liquefaction. Thus, a potentially significant impact could occur.

Mitigation Measure(s)
Implementation of the following mitigation measure would reduce the above potential impact related to Phase 1 of the proposed project to a less-than-significant level.

VII-3. Implement Mitigation Measure VII-2.
b. Issues related to erosion and degradation of water quality during construction are discussed in Section X, Hydrology and Water Quality, of this IS/MND, under question ‘a’.

As noted therein, a Storm Water Pollution Prevention Plan (SWPPP) for the site would be required. A SWPPP describes best management practices (BMPs) to control or minimize pollutants from entering stormwater and addresses both grading/erosion impacts and nonpoint source pollution impacts of the development project, including post-construction impacts. The City of Brentwood requires all development projects to use BMPs to treat runoff. Thus, the proposed project would not result in substantial soil erosion or the loss of topsoil. However, if BMPs are not implemented to treat runoff, a potentially significant impact would occur.
19 United States Department of Agriculture. Web Soil Survey. Available at:
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Accessed July 2023.

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Mitigation Measure(s)
Implementation of the following mitigation measure would reduce the above potential impact to a less-than-significant level.

VII-4. Prior to grading permit issuance, the contractor shall submit a final grading plan to the Director of Public Works/City Engineer for review and approval.

VII-5. Prior to grading permit issuance, the contractor shall submit an erosion control plan to the Director of Public Works/City Engineer for review and approval. The plan shall identify protective measures to be taken during construction, supplemental measures to be taken during the rainy season, the sequenced timing of grading and construction, and subsequent revegetation and landscaping work to ensure water quality in creeks and tributaries in the General Plan Area is not degraded from its present level.

All protective measures shall be shown on the grading plans and specify the entity responsible for completing and/or monitoring the measure and include the circumstances and/or timing for implementation.

VII-6. Grading, soil disturbance, or compaction shall not occur during periods of rain or on ground that contains freestanding water. Soil that has been soaked and wetted by rain or any other cause shall not be compacted until completely drained and until the moisture content is within the limit approved by a Soils Engineer. Approval by a Soils Engineer shall be obtained prior to the continuance of grading operations. Confirmation of this approval shall be provided to the Public Works Department prior to commencement of grading.
d. Expansive soils shrink/swell when subjected to moisture fluctuations, which can cause heaving and cracking of slabs-on-grade, pavements, and structures founded on shallow foundations. Specifically, such soils shrink and harden when dried and expand and soften when wetted. If structures are underlain by expansive soils, foundation systems must be capable of withstanding the potential damaging movements of the soil. According to the U.S. Department of Agriculture’s Web Soil Survey, the project site consists of 54 percent Capay clay and 46 percent Sycamore silty clay loam.20 While Sycamore silty clay loam has a shrink-swell rating of 0.5, which is considered moderate, Capay clay has a shrinkswell rating of 1.0, which is considered severe. Therefore, the proposed project could be located on expansive soil, as defined in Table 18-1B of the Uniform Building Code, and in the absence of proper mitigation, a potentially significant impact could occur.

Mitigation Measure(s)
Implementation of the following mitigation measure would reduce the above potential impact to a less-than-significant level.

VII-7. Implement Mitigation Measure VII-2.
e. The proposed project would connect to the City’s existing sewer infrastructure, and, thus, would not require the use of septic systems. Therefore, no impact would occur related to having soils incapable of adequately supporting the use of septic tanks or alternative 20 United States Department of Agriculture. Web Soil Survey. Available at:
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Accessed July 2023.

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wastewater disposal systems where sewers are not available for the disposal of wastewater.
f. The City’s General Plan indicates that known paleontological resources do not exist within the City planning area. However, development allowed under the General Plan could result in the discovery and disturbance of previously unknown or undiscovered paleontological resources. Geologic formations, including the Upper Cretaceous marine sedimentary rocks and various Quaternary subunits, that have a moderate to high potential for paleontological resources, are present throughout many areas of the City.

The City’s General Plan EIR concluded that with implementation of Action COS 6e, which requires all new development projects to comply with procedures upon discovery of unique paleontological resources, impacts related to disturbance of paleontological resources would be less than significant.

As noted in the City’s General Plan EIR, the majority of the City is underlain by Quaternary Marine/Alluvium, which contains mostly nonmarine unconsolidated alluvium, lake, playa, and terrace deposits. Such soil types are not considered unique geologic features and are common within the geographic area of the City. Furthermore, the City’s General Plan does not note the existence of any unique geologic features within the City. Consequently, implementation of the proposed project would not be anticipated to have the potential to result in direct or indirect destruction of unique geologic features.

Phase 2 of the proposed project would not include ground-disturbing activities, and impacts upon unique geologic features and paleontological resources within the LSCB were analyzed and dismissed in the Basin IS/MND. With regard to Phase 1, although the proposed project would not have the potential to result in the destruction of unique geologic features, previously unknown paleontological resources could exist within the project site. Thus, ground-disturbing activity, such as grading, trenching, or excavating associated with implementation of the Phase 1 of the proposed project, could have the potential to disturb or destroy such resources. Therefore, the proposed project could result in the direct or indirect destruction of a unique paleontological resource, and a potentially significant impact could occur.

Mitigation Measure(s)
Implementation of the following mitigation measure would reduce the above potential impact related to Phase 1 of the proposed project to a less-than-significant level.

VII-8. Should construction or grading activities result in the discovery of unique paleontological resources, all work within 100 feet of the discovery shall cease. The Community Development Department shall be notified, and the resources shall be examined by a qualified archaeologist, paleontologist, or historian, at the contractor’s expense, for the purpose of recording, protecting, or curating the discovery as appropriate. The archaeologist, paleontologist, or historian shall submit to the Community Development Department for review and approval a report of the findings and method of curation or protection of the resources. Work may only resume in the area of discovery when the preceding work has occurred. The language of this mitigation shall be included via notation on the project improvement plans.

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VIII. GREENHOUSE GAS EMISSIONS.

Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
   
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gasses?
   
a,b. Emissions of GHGs contributing to global climate change are attributable in large part to human activities associated with the industrial/manufacturing, utility, transportation, residential, and agricultural sectors. Therefore, the cumulative global emissions of GHGs contributing to global climate change can be attributed to every nation, region, and city, and virtually every individual on Earth. An individual project’s GHG emissions are at a micro-scale level relative to global emissions and effects to global climate change; however, an individual project could result in a cumulatively considerable incremental contribution to a significant cumulative macro-scale impact. As such, impacts related to emissions of GHG are inherently considered cumulative impacts.

Construction of the proposed project and off-site improvements would cumulatively contribute to increases of GHG emissions. Estimated GHG emissions attributable to future development would be primarily associated with increases of carbon dioxide (CO2) and, to a lesser extent, other GHG pollutants, such as methane (CH4) and nitrous oxide (N2O) associated with area sources, mobile sources or vehicles, utilities (electricity and natural gas), water usage, wastewater generation, and the generation of solid waste. The primary source of GHG emissions for the project would be mobile source emissions. The common unit of measurement for GHG is expressed in terms of annual metric tons of CO2 equivalents (MTCO2e/yr).

The proposed project is located within the jurisdictional boundaries of BAAQMD. The most recent BAAQMD Air Quality Guidelines were released in April 2023.21 The updated GHG thresholds address more recent climate change legislation, including Senate Bill (SB) 32, and provide qualitative thresholds related to Buildings and Transportation.

Construction GHG emissions are a one-time release and are, therefore, not typically expected to generate a significant contribution to global climate change. Neither the City nor BAAQMD has an adopted threshold of significance for construction-related GHG emissions and does not require quantification. Nonetheless, the proposed project’s construction GHG emissions, have been estimated using CalEEMod, as discussed in Section III, Air Quality, of this IS/MND (see Appendix B). Based on the modeling results, construction of the proposed project would result in total unmitigated GHG emissions of 300 MTCO2e over the entire construction period.

Potential impacts related to operational GHG emissions resulting from implementation of the proposed project and off-site improvements are considered in comparison with BAAQMD’s adopted thresholds of significance below.
21 Bay Area Air Quality Management District. 2022 California Environmental Quality Act Guidelines. April 2023.

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BAAQMD Thresholds of Significance
The BAAQMD’s adopted thresholds of significance for GHG emissions are qualitative, and address recent climate change legislation, including SB 32. According to the new thresholds of significance, a project must either include specific project design elements (e.g., exclude use of natural gas, achieve a specific reduction in project-generated vehicle miles traveled (VMT) below the regional average) or be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b).22 The City of Brentwood has not prepared a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b). Therefore, according to the BAAQMD’s new requirements, in order to find a less-than-significant GHG impact, the proposed project must include, at a minimum, the following project design elements:

1. The project will not include natural gas appliances or natural gas plumbing (in both residential and nonresidential development);

2. The project will not result in any wasteful, inefficient, or unnecessary energy usage as determined by the analysis required under CEQA Section 21100(b)(3) and Section 15126.2(b) of the State CEQA Guidelines;

3. The project will achieve a reduction in project-generated VMT below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent) or meet a locally adopted SB 743 VMT target, reflecting the recommendations provided in the Governor’s Office of Planning and Research’s Technical Advisory on Evaluating Transportation Impacts in CEQA; and

4. The project will achieve compliance with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2.

In order to be consistent with the first criterion, the proposed project would be required to include all electric appliances and plumbing. The 2022 Building Energy Efficiency Standards requires that new development be built electric-ready. The proposed project would be built in accordance with the aforementioned standards, and the project would not be designed to include natural gas. Thus, the proposed project would not conflict with the first criterion.

Regarding the second criterion, as discussed in Section VI, Energy, of this IS/MND, the proposed project would comply with all applicable federal, State, and local regulations regarding energy use during both project construction and project operations. Therefore, as discussed therein, the proposed project would not result in any wasteful, inefficient, or unnecessary energy usage.

With respect to the third criterion, as discussed in Section XVII, Transportation, of this IS/MND, the Countywide VMT per service population was calculated to be 29.3.

Therefore, the impact threshold of 15 percent below the Countywide VMT per service population equates to 24.9. The project is projected to generate a VMT per service population of 17.2, which is below the aforementioned impact threshold. Therefore, the project would achieve a 15 percent reduction in project-generated VMT below the regional average consistent with the current version of the California Climate Change Scoping Plan.
22 Bay Area Air Quality Management District. 2022 California Environmental Quality Act Guidelines. April 2023.

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With respect to the fourth criterion, the proposed project would be subject to the nonresidential standards set forth in Section 5.106.5.3 of the CALGreen Code. Pursuant to Section 5.106.5.3, the proposed project would include 22 EV parking spaces. Compliance with the aforementioned CalGreen Code requirement would be sufficient to comply with the Tier 2 CALGreen standards, as required by BAAQMD.

Conclusion
Based on the above, because the proposed project would be compliant with the criteria under State CEQA Guidelines Section 15183.5(b), the proposed project would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment, or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Therefore, a less-than-significant impact would occur.

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IX. HAZARDS AND HAZARDOUS
MATERIALS.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
   
b. Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the likely release of
hazardous materials into the environment?
   
c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
   
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
   
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
   
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
   
g. Expose people or structures, either directly or indirectly, to the risk of loss, injury or death involving wildland fires?     Discussion
a. Recreational developments are not typically associated with the routine transport, use, disposal, or generation of substantial amounts of hazardous materials. On-site maintenance may involve the use of common household cleaning products, fertilizers, and herbicides, any of which could contain potentially hazardous chemicals; however, such products would be expected to be used in accordance with label instructions. Due to the regulations governing use of such products and the amount anticipated to be used on the site, routine use of such products would not represent a substantial risk to public health or the environment. Therefore, the project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.

Construction activities associated with implementation of the proposed project and off-site improvements would involve the use of heavy equipment, which would contain fuels and oils, and various other products such as concrete, paints, and adhesives. The project contractor is required to comply with all California Health and Safety Codes and local county ordinances regulating the handling, storage, and transportation of hazardous and toxic materials. Pursuant to California Health and Safety Code Section 25510(a), except as provided in subdivision (b),23 the handler or an employee, authorized representative, agent, or designee of a handler, shall, upon discovery, immediately report any release or threatened release of a hazardous material to the unified program agency (in the case of the proposed project, the Contra Costa County Environmental Health Division [CCCEHD]) 23 Subdivision (a) does not apply to a person engaged in the transportation of a hazardous material on a highway that is subject to, and in compliance with, the requirements of Sections 2453 and 23112.5 of the Vehicle Code.

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in accordance with the regulations adopted pursuant to Section 25510(a). The handler or an employee, authorized representative, agent, or designee of the handler shall provide all State, city, or county fire or public health or safety personnel and emergency response personnel with access to the handler’s facilities. In the case of the proposed project, the contractors are required to notify the CCCEHD in the event of an accidental release of a hazardous material, who would then monitor the conditions and recommend appropriate remediation measures.

Based on the above, the proposed project would not create a significant hazard to the public or the environment through the routine handling, transport, use, or disposal of hazardous materials. Therefore, a less-than-significant impact would occur. b. Construction activities associated with the proposed project would involve the use of heavy equipment, which would contain fuels and oils, and various other products such as concrete, paints, and adhesives. Small quantities of potentially toxic substances (e.g., petroleum and other chemicals used to operate and maintain construction equipment) would be used at the project site and transported to and from the site during construction.

Similarly, operation of the proposed project would include the use of equipment which could use small quantities of potentially toxic substances. However, the project would be required to comply with all California Health and Safety Codes and local ordinances regulating the handling, storage, and transportation of hazardous and toxic materials.

Thus, construction of the proposed project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment.

A review of Google Earth aerial photographs of the project site shows that the project site was used for agricultural purposes around 1939. As a result, the potential exists for organochlorine and arsenic pesticide residues to be present within surficial soils. If such materials are present in on-site soils, a potential health hazard could occur during project construction.

Based on the above, the proposed project could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment during construction activities. Thus, a potentially significant impact could occur.

Mitigation Measure(s)
Implementation of the following mitigation measure would reduce the above potential impact to a less-than-significant level.

IX-1. In conjunction with the approval of any improvement plans associated with development of the project site, the project contractor shall prepare a soil assessment with surficial soil samples to determine the presence of pesticides. If pesticide concentrations higher than the allowable threshold, as defined by the Department of Toxic Substances Control, are detected, the assessment shall include appropriate measures to address the contaminated soil, including, but not limited to, removal and disposal of the contaminated soil in accordance with federal, State, and local regulations or soil remediation to an acceptable total threshold limit concentration (TTLC) level pursuant to applicable State and federal regulations. The soil

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assessment and recommended measures shall be reviewed and approved by the City’s Community Development Department.
c. The project site is not located within a quarter mile of any existing or proposed schools.

The nearest school is the Loma Vista Elementary School, located approximately 0.3-mile southwest of the site. Therefore, the proposed project would have no impact related to hazardous emissions or the handling of hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. d. The Cal-EPA has compiled a list of data resources that provide information regarding the facilities or sites identified as meeting the “Cortese List” requirements, pursuant to Government Code 65962.5. The components of the Cortese List include the Department of Toxic Substances Control (DTSC) Hazardous Waste and Substances Site List, the list of leaking underground storage tank (UST) sites from the SWRCB’s GeoTracker database, the list of solid waste disposal sites identified by the SWRCB, and the list of active Cease and Desist Orders (CDO) and Cleanup and Abatement Orders (CAO) from the State Water Resources Control Board (SWRCB). The project site is not included on the DTSC Hazardous Waste and Substances Site List,24 or the list of solid waste disposal sites.25 In addition, the project site is not included on the list of leaking UST sites from the SWRCB’s GeoTracker database, or the list of active CDO and CAO from the SWRCB.

Thus, the proposed project would not create a significant hazard to the public or the environment, and a less-than-significant impact would occur. e. The nearest public airport to the site is Byron Airport, which is located approximately 9 miles southeast of the site. In addition, a private airfield (Funny Farm Airfield) is located approximately 4.3 miles east of the project site. As such, the project site is not located within two miles of any public airports, and does not fall within an airport land use plan area. Therefore, no impact would occur related to the project being located within an airport land use plan or within two miles of a public airport or public use airport, thereby resulting in a safety hazard or excessive noise for people residing or working in the project area.
f. During construction of the proposed project and off-site improvements, all construction equipment would be staged on-site so as to prevent obstruction of local and regional travel routes in the City that could be used as evacuation routes during emergency events. While the proposed project would include the installation of a traffic signal at the intersection of Sand Creek Road and Linden Street, the project would not substantially alter existing circulation systems in the surrounding area. As a result, the project would have a lessthan-significant impact with respect to impairing the implementation of or physically interfering with an adopted emergency response plan or emergency evacuation plan. g. Issues related to wildfire hazards are discussed in Section XX, Wildfire, of this IS/MND.

As noted therein, areas at risk for wildland fires are typically in or on the edge of undeveloped areas with large amounts of combustible vegetation. The project site is surrounded by existing development to the west and south, and is not located within an area where wildland fires typically occur. In addition, the proposed project would not include the construction of structures or infrastructure that would result in an increased 24 Department of Toxic Substances Control. Hazardous Waste and Substances Site List (Cortese). Available at:
https://www.envirostor.dtsc.ca.gov/public/. Accessed July 2023. 25 CalEPA. Cortese List Data Resources. Available at: https://calepa.ca.gov/sitecleanup/corteselist/. Accessed July 2023.

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hazard due to wildfires. According to the California Department of Forestry and Fire Protection (CAL FIRE), the project site is not located within a Very High Fire Hazard Severity Zone.26 Therefore, the proposed project would not expose people or structures to the risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands, and a less-than-significant impact would occur.
26 California Department of Forestry and Fire Protection. FHSZ Viewer. Available at: https://egis.fire.ca.gov/FHSZ/.

Accessed July 2023.

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X. HYDROLOGY AND WATER
QUALITY.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
   
b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the
project may impede sustainable groundwater
management of the basin?
   
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or offsite;     ii. Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite;
   
iii. Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff; or
   
iv. Impede or redirect flood flows?    
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?    
e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management
plan?
   
Discussion
a. During the early stages of construction activities, topsoil would be exposed due to grading and excavation of the Phase 1 area of the project site. After grading and prior to overlaying the ground surface with impervious surfaces and structures, the potential exists for wind and water erosion to discharge sediment and/or urban pollutants into stormwater runoff, which could adversely affect water quality.

The SWRCB regulates stormwater discharges associated with construction activities where clearing, grading, or excavation results in a land disturbance of one or more acres.

Both phases of the proposed project would disturb more than one acre of land, and, therefore, the proposed construction activities would be subject to applicable SWRCB regulations. Performance Standard NDCC-13 of the City’s National Pollutant Discharge Elimination System (NPDES) permit requires applicants to show proof of coverage under the State’s General Construction Permit prior to receipt of any construction permits. The State’s General Construction Permit requires a SWPPP to be prepared for the site. A SWPPP describes BMPs to control or minimize pollutants from entering stormwater and must address both grading/erosion impacts and non-point source pollution impacts of the development project, including post-construction impacts. The City of Brentwood requires all development projects to use BMPs to treat runoff.

Following completion of the proposed recreational development, the site would be largely covered with pervious surfaces, with some areas covered in impervious surfaces where topsoil would no longer be exposed. Additionally, the majority of on-site pervious surfaces

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would be overlain with artificial turf; thus, topsoil would not be exposed. As such, the potential for impacts to water quality would be reduced. In addition, as discussed in further detail below, the proposed project would include the development of storm drainage utilities and would direct flows to the existing storm drain lateral on Sand Creek Road.

Based on the above, the proposed project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. However, should a SWPPP not be prepared and the BMPs included therein not implemented, a potentially significant impact would occur.

Mitigation Measure(s)
Implementation of the following mitigation measure would reduce the above potential impact to a less-than-significant level.

X-1. Prior to issuance of grading permits, the contractor shall prepare a Storm Water Pollution Prevention Plan (SWPPP). The Developer shall file the Notice of Intent (NOI) and associated fee to the SWRCB. The SWPPP shall serve as the framework for identification, assignment, and implementation of BMPs. The contractor shall implement BMPs to reduce pollutants in stormwater discharges consistent with the requirements established in

15.52.60(F): Erosion and Sediment Control of the City’s Municipal Code.

The SWPPP shall be submitted to the Director of Public Works/City Engineer for review and approval and shall remain on the project site during all phases of construction. Following implementation of the SWPPP, the contractor shall subsequently demonstrate the SWPPP’s effectiveness and provide for necessary and appropriate revisions, modifications, and improvements to reduce pollutants in stormwater discharges to the maximum extent practicable.

X-2. Prior to the completion of construction, the contractor shall prepare and submit, for the City’s review, an acceptable Stormwater Control Operation and Maintenance Plan. In addition, prior to the sale, transfer, or permanent occupancy of the site, the contractor shall be responsible for paying for the long-term maintenance of treatment facilities, and executing a Stormwater Management Facilities Operation and Maintenance Agreement and Right of Entry in the form provided by the City of Brentwood. The contractor shall accept the responsibility for maintenance of stormwater management facilities until such responsibility is transferred to another entity.

The contractor shall submit a draft Stormwater Facilities and Maintenance Plan, including detailed maintenance requirements and a maintenance schedule for the review and approval by the Director of Public Works/City Engineer. Typical routine maintenance consists of the following:
• Limit the use of fertilizers and/or pesticides. Mosquito larvicides shall be applied only when absolutely necessary.
• Replace and amend plants and soils as necessary to insure the planters are effective and attractive. Plants must remain healthy and trimmed if overgrown. Soils must be maintained to efficiently filter the storm water.

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• Visually inspect for ponding water to ensure that filtration is occurring.
• After all major storm events, remove bubble-up risers for obstructions and remove if necessary.
• Continue general landscape maintenance, including pruning and cleanup throughout the year.
• Irrigate throughout the dry season. Irrigation shall be provided with sufficient quantity and frequency to allow plants to thrive. • Excavate, clean and or replace filter media (sand, gravel, topsoil) to insure adequate infiltration rate (annually or as needed).

X-3. Design of both the on-site drainage facilities shall meet with the approval of both the Director of Public Works/City Engineer and the Contra Costa County Flood Control and Water Conservation District prior to the issuance of grading permits.

X-4. Contra Costa County Flood Control and Water Conservation District drainage fees for the Drainage Area shall be paid prior to issuance of grading permits to the satisfaction of the Director of Public Works/City Engineer.

X-5. The contractor shall ensure that the project site shall drain into a street, public drain, or approved private drain, in such a manner that un-drained depressions shall not occur. Satisfaction of this measure shall be subject to the approval of the Director of Public Works/City Engineer.

X-6. The construction plans shall indicate roof drains emptying into a pipe leading to the project bioswale areas for the review and approval of the Director of Public Works/City Engineer prior to the issuance of building permits.

X-7. The improvement plans shall indicate concentrated drainage flows not crossing sidewalks or driveways for the review and approval of the Director of Public Works/City Engineer prior to the issuance of grading permits. b,e. Water supplies for the project site are supplied by the City of Brentwood. According to the City’s 2020 Urban Water Management Plan (UWMP), the City’s current water supply consists of both surface water from the Delta and groundwater that is pumped from the East Contra Costa (ECC) Subbasin underlying the City through nine wells within the service area, five of which are active.
27 While the portions of the 33.72-acre project site
would be paved with impervious surfaces, the majority of the site would consist of multiuse sports fields that would remain permeable. Only minimal impervious surfaces, in the form of a paved walking path, would be developed within the Phase 2 portion of the project site, which consists of the LSCB, and, thus, would allow for groundwater recharge. In addition, the ECC Subbasin has a total surface area of approximately 168 square miles; therefore, the groundwater basin within which the project site is located would be recharged from many sources over a large area. Except for seasonal variations resulting from recharge and pumping, the General Plan EIR anticipates the City will pump a relatively stable amount of groundwater through the year 2045. Therefore, any new 27 City of Brentwood. 2020 Urban Water Management Plan. June 2021, revised December 2021.

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impervious surfaces associated with the project would not interfere substantially with groundwater recharge within the ECC Subbasin.

Given that the proposed project is consistent with the site’s current land use and zoning designations, recreational development of the project site has generally been anticipated by the City. As such, the project would not result in increased use of groundwater supplies beyond what has been anticipated by the City and accounted for in the UWMP.

Additionally, the proposed project would be subject to the specific regulations on water use imposed by the UWMP. Furthermore, water use resulting from the proposed project would primarily be associated with irrigation of the natural turf fields and on-site landscaping. The proposed project would also comply with the Model Water Efficient Landscape Ordinance (MWELO), as adopted by reference in Brentwood Municipal Code chapter 17.630, through the use of recycled water to irrigate on-site landscaping and the integration of low water use plants.

Therefore, the proposed project would result in a less-than-significant impact with respect to substantially decreasing groundwater supplies or interfering substantially with groundwater recharge such that the project would impede sustainable groundwater management of the basin. In addition, the project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.
ci-iii. All municipalities within Contra Costa County are required to develop more restrictive surface water control standards for new development projects as part of the renewal of the Countywide NPDES permit. Known as the “C.3 Standards,” new development and redevelopment projects that create or replace 5,000 or more square feet of impervious surface area must contain and treat stormwater runoff from the site. Phase 2 of the project site would not include the development of 5,000 or more square feet of impervious surface area, and, thus, would not be subject to C.3 regulations. However, Phase 1 of the proposed project would result in a total disturbance area of 14.48 acres (630,749 sf); while the proposed sports fields would be comprised of synthetic turf overlaying pervious soils, approximately 356,000 sf of the project site would be developed with impervious surfaces.

Because Phase 1 of the proposed project would create more than 5,000 sf of impervious surface area, Phase 1 of the proposed project would be considered a C.3 regulated project and is required to include appropriate site design measures, source controls, and hydraulically-sized stormwater treatment measures. In addition, the project site is within Drainage Area 30c, and would be required to pay the applicable CCCFCWCD drainage fees.28
Phase 2 of the proposed project would be located within the existing LSCB, which is, itself, a stormwater treatment facility. The on-site stormwater treatment facilities developed as part of Phase 1 of the proposed project would incorporate the most recent Stormwater C.3 Guidebook and Contra Costa Clean Water Program requirements,29 as well as all applicable City stormwater requirements. The Phase 1 portion of the project site would be divided into multiple DMAs consisting of self-treating or self-retaining pervious surfaces, including the proposed sports fields. On-site impervious areas, including parking lots and restrooms, would be designed to drain towards nearby bio-retention areas within the aforementioned DMAs. Treated stormwater would then be conveyed through an on-site 28 Contra Costa County Flood Control District. Contra Costa County Formed Drainage Areas. February 7, 2008. 29 Contra Costa County Clean Water Program. Stormwater C.3 Guidebook. December 23, 2022.

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Brentwood City CouncilAugust 13, 2024

Brentwood City Council
August 13, 2024