Agenda packet — Brentwood City Council, October 22, 2024 (part 1 of 7)

OCTOBER 22, 2024, 7:00 PM

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

October 22, 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. PUBLIC COMMENTS
Pursuant to Council/Administrative Policy, Meeting Rules and Procedures section 5.2 (Decorum Generally – Public), comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. Speakers desiring answers to questions should direct them to the Council/Successor Agency and, if relevant, they may direct them to the appropriate staff member. Speakers can also follow up directly with staff during regular City business hours.

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

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

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

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

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

E.1 A Proclamation Proclaiming October as All Abilities Month E.2 A Proclamation Proclaiming October 24, 2024, as World Polio Day E.3 A Proclamation Proclaiming November as Pancreatic Cancer Awareness Month E.4 A Proclamation Proclaiming November as American Diabetes Month E.5 A Proclamation Proclaiming November as Native American Heritage Month E.6 A Proclamation Proclaiming November 6, 2024, as Shelter in Place Education Day E.7 A Proclamation Proclaiming November 11, 2024, as Veterans Day E.8 Notice of Completion for work performed by National Aquatic Services, Inc. for the Deer Ridge Frontage Landscaping Improvements Project – Fountain Retrofit, CIP Project No. 352-52440
Title/Recommendation
Adopt a Resolution accepting the work performed by National Aquatic Services, Inc. for the Deer Ridge Frontage Landscaping Improvements Project – Fountain Retrofit, CIP Project No. 352-52440 and File a Notice of Completion with the County Recorder.

E.9 Second Reading of a Zoning Text Amendment (RZ24-007) to the Brentwood Municipal Code to update Section 17.800.009(A)(2) to increase the notification radius for public hearing items from 300 feet to 1,000 feet
Title/Recommendation
Waive the second reading of and adopt Ordinance No. 1076, approving an amendment (Rezone No. 24-007) to the Brentwood Municipal Code amending Section

17.800.009(A)(2) of the Brentwood Municipal Code to increase the notification radius for public hearing items from 300 feet to 1,000 feet.

These text amendments are exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15378 as it is not a project under CEQA, and further if it was considered a project, it is exempt pursuant to CEQA Guidelines Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

E.10 Informational Report on Final Map of Subdivision No. 9610, Trumark Trailside, developed by TH Apricot Way Brentwood, LLC
Title/Recommendation
Receive and file an Informational Report on Final Map approval by the City Manager of Subdivision No. 9610, Trumark Trailside, developed by TH Apricot Way Brentwood, LLC located at 1777 Apricot Way (APN’s 019-092-013 and 019-092-034).

E.11 Purchase one new replacement Street Sweeper, and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $431,520 and amend the 2024/25 Operating Budget
Title/Recommendation
Adopt a Resolution approving the purchase of one new replacement Schwarze A9 Monsoon street sweeper for the Streets Maintenance Division from Municipal Maintenance Equipment, Inc. in Sacramento, CA; authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $431,520; and amending the 2024/25 Vehicle and Equipment Replacement Fund budget by $96,033.

E.12 2025 Public Art and Design Academy Project
Title/Recommendation
Adopt a Resolution 1) approving a Memorandum of Understanding (“MOU”) between the City of Brentwood (“City”) and Liberty Union High School District (“District”) regarding the Public Art and Design Academy (“PADA”) in the amount of $18,630 2) amending FY 2024/25 or the
FY 2025/26 Operating Budget, by increasing the Public Art Acquisition Fund by $23,630 for the cost to build the artwork and for transportation and installation of the project and 3) authorizing the City Manager or designee to execute the MOU and make minor nonsubstantive revisions to it, in consultation with the City Attorney.

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

F.1 Adoption of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Solid Waste Organics Diversion Project
Title/Recommendation
Adopt a Resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring

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and Reporting Program for the Solid Waste Organics Diversion Project, CIP Project No. 542-54021
F.2 An amendment to the Brentwood Municipal Code to update Chapter 5.68 (Mobile Vending) to establish new mobile vending regulations and an amendment to Chapter 17.850 (Temporary Use Permits) to add regulations related to Long-Term Mobile Vending Facilities
Title/Recommendation
Waive the first reading and introduce:

1. An ordinance approving an amendment (Rezone No. 24-004) to (Temporary Use Permits) to add regulations related to Long-Term Mobile Vending Facilities and Commissaries.
https://ecode360.com/43627337?highlight=&searchId=9677390842428726

2. An ordinance approving an amendment to (Mobile Vending) to establish new mobile vending regulations.
https://ecode360.com/43612832?highlight=&searchId=9677443535054775 These two ordinances and text amendments are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as they are not a “project” and have no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, the Ordinances are exempt from CEQA as there is no possibility that either Ordinance or their implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3).

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

G.1 Second Reading of an Ordinance Implementing a Modification to the Brentwood Municipal Code to allow Pad-Mounted Transformers within Development Projects Title/Recommendation
Staff recommends that the City Council waive the second reading and adopt Ordinance No. 1077 of the City Council of the City of Brentwood, approving a modification to Brentwood Municipal Code Section 16.120.120, allowing Permittees to install pad-mounted transformers within development projects in certain circumstances, while the City monitors the nationwide supply chain issues related to underground transformers.

The proposed permanent ordinance is not an action subject to the California Environmental Quality Act (CEQA), as the action has no potential for resulting in physical change to the environment. (14 Cal. Code. Regs. § 15358.) Further, adoption of the permanent ordinance is exempt under CEQA because it will not cause a change in any of the physical conditions within the area affected by the ordinances. (14 Cal. Code Regs. § 15061(b)(3).)
G.2 Receive update and provide direction on ongoing implementation of action items from the General Plan’s Conservation and Open Space Element
Title/Recommendation
Receive update and provide direction on implementation of action items from the General Plan’s Conservation and Open Space Element that were previously identified as priorities.

H. 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

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meeting
I. REQUESTED FUTURE AGENDA ITEM(S)
I.1 Planning Commission request regarding establishment of pervious surface requirements or guidelines for new projects
Title/Recommendation
Provide staff direction on whether to spend time and resources on the Planning Commission’s request.

I.2 Planning Commission request regarding standards and methodology for Vehicle Miles Traveled (VMT)
Title/Recommendation
Provide staff direction on whether to spend time and resources on the Planning Commission’s request.

I.3 A request from Council Member Mendoza to remove 2001 Shady Willow Lane from the list of surplus land to become a park
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza to remove 2001 Shady Willow Lane from the list of surplus land to become a park.

I.4 A request from Council Member Mendoza requesting the City Council consider an objective design standard regarding shade ratios at new parks
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza requesting consideration of creating objective design standards in the Brentwood Municipal Code related to shade ratios in new parks.

I.5 A request from Council Member Mendoza requesting the City Council consider adding additional shade at existing parks
Title/Recommendation
That the City Council consider and discuss the request from Council Member Mendoza regarding solutions for potential shade improvements at existing parks.

I.6 A request from Vice Mayor Meyer requesting the consideration of using Ag-Enterprise and/or Art Enterprise funds for John Marsh House
Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer requesting the consideration of using Ag-Enterprise and/ or Art Enterprise funds towards the Interpretive Center at the John Marsh House.

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

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NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

POSTING STATEMENT
On October 17, 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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PROCLAMATION
WHEREAS, the United States of America recognizes the inherent worth and dignity of every individual, regardless of their physical or cognitive abilities; and
WHEREAS, the diversity of abilities enriches our society, fostering a sense of unity, empathy, and compassion among all citizens; and WHEREAS, the month of October provides an opportunity for us to celebrate All Abilities Month and raise awareness about the challenges and triumphs faced by individuals with disabilities; and
WHEREAS, we acknowledge the achievements, talents, and
contributions of people with disabilities in every facet of life, from education and employment to arts, sports, and public service; and WHEREAS, by honoring All Abilities Month, we reaffirm our commitment to creating a society that is inclusive, accessible, and equitable for everyone, regardless of their abilities.

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

ALL ABILITIES MONTH
and encourage all residents come together to celebrate the incredible diversity of abilities in our community, promote understanding, and work towards a more inclusive and accessible future for all.

Dated this 22nd day of October, 2024

Joel R. Bryant, Mayor

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PROCLAMATION
WHEREAS, Rotary is a global network of neighbors, friends, leaders, and problem-solvers who unite and take action to create lasting change in communities across the globe; and
WHEREAS, the Rotary motto, Service Above Self, inspires members to provide humanitarian service, follow high ethical standards, and promote goodwill and peace in the world; and
WHEREAS, Rotary in 1985 launched PolioPlus and in 1988 helped establish the Global Polio Eradication Initiative, which today includes the World Health Organization, U.S. Centers for Disease Control and Prevention, UNICEF, the Bill & Melinda Gates Foundation, and Gavi, the Vaccine Alliance, to immunize the children of the world against polio; and
WHEREAS, polio cases have dropped by 99.9 percent and the world stands on the threshold of eradicating the disease; and
WHEREAS, to date, Rotary has contributed more than US$2.6 billion and countless volunteer hours to protecting 3 billion children; and WHEREAS, Rotary is working to raise an additional $50 million per year, which is leveraged for maximum impact by 2-to-1 match from the Bill & Melinda Gates Foundation; and
WHEREAS, these efforts are providing much-needed operational support, medical staff, laboratory equipment, disease surveillance and educational materials; and
WHEREAS, there are over 1.4 million Rotary members in 46,000 clubs throughout the world that sponsor service projects to address such critical issues as poverty, disease, hunger, illiteracy, and the environment in their local communities and abroad.

NOW THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Brentwood does hereby recognize October 24, 2024 as

WORLD POLIO DAY
and encourage all residents to join in the fight for a polio-free world.

Dated this 22nd day of October, 2024

Joel R. Bryant, Mayor

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PROCLAMATION
WHEREAS, pancreatic cancer is a formidable adversary that has touched the lives of countless individuals and their families; and WHEREAS, raising awareness about pancreatic cancer is critical in our ongoing efforts to improve prevention, early detection, treatment, and support for those affected by this devastating disease; and
WHEREAS, November serves as a pivotal time to unite communities, healthcare professionals, and advocates to join forces in the fight against pancreatic cancer; and
WHEREAS, we must pay tribute to the patients, caregivers, and healthcare professionals who confront pancreatic cancer with resilience and dedication every day; and
WHEREAS, knowledge is the most powerful tool in the fight against pancreatic cancer, empowering individuals to make informed decisions and fostering support and compassion for those affected; and WHEREAS, this month serves as a call to action for all residents to raise awareness, support research, and honor the memory of those who have battled or continue to battle this disease.

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

PANCREATIC CANCER AWARENESS MONTH
and encourage community members, healthcare providers, and organizations to participate in events and initiatives that promote early detection, research, and patient care. Let us stand together to improve the outcomes for those impacted by pancreatic cancer and strive for a future where this disease no longer claims the lives of our loved ones.

Dated this 22nd day of October, 2024

Joel R. Bryant, Mayor

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PROCLAMATION
WHEREAS, diabetes is a chronic and widespread health condition that affects millions of Americans; and
WHEREAS, raising awareness about diabetes is essential in our mission to prevent, manage, and find a cure for this disease; and
WHEREAS, November provides an opportunity for communities, healthcare professionals, and advocates to unite and educate the public about diabetes, its impact, and the importance of early detection and management; and WHEREAS, the burden of diabetes reaches far and wide, touching the lives of individuals and their families; and
WHEREAS, this month is a time to honor those living with diabetes, acknowledge the caregivers and healthcare providers who support them, and celebrate the progress made in diabetes prevention and management; and WHEREAS, knowledge is the most potent tool in our fight against diabetes, empowering individuals to lead healthier lives and fostering compassion for those affected; and
WHEREAS, this month serves as an urgent call to action for all citizens to learn, prevent, and manage diabetes. It is also a time to recognize the remarkable resilience and strength of those living with diabetes.

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

AMERICAN DIABETES AWARENESS MONTH
and encourage community members, healthcare providers, and organizations to participate in initiatives and activities that promote diabetes awareness, early detection, and management. Together, let us work toward a future where diabetes is better understood, effectively managed, and ultimately cured.

Dated this 22nd day of October, 2024

Joel R. Bryant, Mayor

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PROCLAMATION
WHEREAS, Native American Heritage Month is a time to honor the rich traditions, cultures, and history of Indigenous peoples who have shaped the United States long before its founding; and
WHEREAS, Native Americans have made invaluable contributions in fields such as government, arts, science, and defense, while preserving languages, customs, and wisdom that enrich our nation’s diverse heritage; and WHEREAS, the City of Brentwood is committed to recognizing the resilience, achievements, and cultural significance of Native American communities past and; and
WHEREAS, this month serves as an opportunity to educate and reflect on the injustices Native Americans have faced, and to reaffirm our dedication to respecting their sovereignty and rights.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council
of the City of Brentwood does hereby recognize November 2024 as

NATIVE AMERICAN HERITAGE MONTH
and encourage all residents to celebrate and learn from the enduring legacies of Indigenous peoples.

Dated this 22nd day of October, 2024

Joel R. Bryant, Mayor

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PROCLAMATION
WHEREAS, public and private schools and childcare centers throughout Contra Costa County will be participating in the Shelter-in-Place Drill on November 6, 2024; and
WHEREAS, Contra Costa Community Awareness Emergency
Response Group – CAER – is sponsoring the 23nd Annual Shelter-in-Place Drill and assisting schools and childcare centers with their emergency preparedness; and
WHEREAS, emergency response agencies including fire, sheriff and health officials all recommend Shelter-in-Place as the immediate action to take in case of a hazardous release; and
WHEREAS, the Shelter-in-Place Drill increases public awareness about Shelter-in-Place as a protective action and gives students and teachers practice in implementing this important procedure; and
WHEREAS, the County Office of Education has endorsed the Shelterin-Place Drill and encouraged all sites to participate.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Brentwood does hereby recognize the importance of preparing for emergencies and encourages participation in the Contra Costa CAER Group’s public education efforts. In support of the parents, teachers, students and staff that will be participating with hundreds of other schools and childcare centers in the Shelter-in-Place Drill, we proclaim November 6, 2024, as

SHELTER IN PLACE EDUCATION DAY
Dated this 22nd day of October, 2024

Joel R. Bryant, Mayor

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PROCLAMATION
WHEREAS, Veterans Day is a time to honor the brave men and women who have served in the United States Armed Forces, defending the freedoms and values we cherish; and
WHEREAS, we recognize the sacrifices made by veterans and their families, who have shown immense courage, dedication, and resilience in the face of great challenges; and
WHEREAS, the strength of our nation depends on the valor of those who have worn the uniform, serving both in times of war and peace, and whose contributions continue to safeguard our democracy and protect our way of life; and
WHEREAS, the veterans of our community are a source of pride and inspiration, deserving our deepest gratitude for their service and their ongoing commitment to our country; and
WHEREAS, it is fitting that we come together as a community to express our appreciation for the heroes among us, and to honor the legacy of those who have given their lives in service to our nation.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Brentwood does hereby proclaim November 11, 2024, as

VETERANS DAY
and encourage all residents to join in recognizing the contributions and sacrifices of our veterans and to extend our heartfelt thanks for their unwavering service.

Dated this 22nd day of October, 2024

Joel R. Bryant, Mayor

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CITY COUNCIL AGENDA ITEM NO. E.8
10/22/2024
SUBJECT: Notice of Completion for work performed by National Aquatic Services, Inc. for the Deer Ridge Frontage Landscaping
Improvements Project – Fountain Retrofit, CIP Project No. 352- 52440.

DEPARTMENT: Parks and Recreation Department
STAFF: Bruce Mulder, Director of Parks and Recreation
Aaron Wanden, Parks Maintenance Manager

TITLE/RECOMMENDATION
Adopt a Resolution accepting the work performed by National Aquatic Services, Inc. for the Deer Ridge Frontage Landscaping Improvements Project – Fountain Retrofit, CIP Project No. 352-52440 and File a Notice of Completion with the County Recorder.

FISCAL IMPACT
The total contract amount for the work performed by National Aquatic Services, Inc. is as follows:

Contractor Final Amount Council Approved Amount
National Aquatic Services, Inc. $120,798.00 $121,851.40 The final amount spent for the services was $1,053 below the authorized amount for this contract.

BACKGROUND
Installation of landscaping for Sites 2-14 for the Deer Ridge Frontage Landscaping Improvements Project (the “Project”) was completed in late 2022.

The final work to complete the Project was for the retrofit of the two fountains to City standards on Site 1. In accordance with the City’s Purchasing Policy, and in anticipation that the cost would be less than $60,000 (the bidding threshold under the California Uniform Public Construction Cost Accounting Act (“CUPCCAA”)), staff solicited quotes from multiple contractors to complete this work. The request for

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CITY COUNCIL AGENDA ITEM NO. E.8
10/22/2024
quotes included a mandatory site visit, which only one contractor attended, and thereafter submitted a quote for almost $90,000, which was much higher than anticipated, and beyond the legal threshold of soliciting quotes. Because the one quote received exceeded $60,000, staff was required to put the Project out to bid in accordance with CUPCCAA.

Formal bid documents were made available to the public on February 28, 2023 and the bid opening occurred on March 23, 2023. One bid was received on the bid date from National Aquatic Services (“NAS”) in the amount of $110,774. In conformance with the Public Contract Code, staff awarded the construction of the Deer Ridge Frontage Landscaping Improvements Project – Fountain Retrofit, CIP Project No. 352- 52440 to NAS as being a responsible and responsive bidder for a contract amount of $110,774, plus a 10% contingency of $11,077.40, for a total not to exceed amount of $121,851.40.

The Notice to Proceed was issued to NAS to start work on June 19, 2023. After an on-site pre-construction meeting with PG&E on June 29, 2023, a formal Notice of Suspension of work was issued on July 13, 2023. This suspension was due to power service work to be completed by the City and PG&E on the Project before NAS was able to proceed with its Work.

Staff prepared the site for PG&E inspection and after a lengthy wait to be scheduled, PG&E did not approve the initial work done by staff. To proceed with the Project, staff applied for a variance; however, PG&E denied the request. Staff found an alternative solution to establish electricity to the site that did not require the approval of PG&E. On May 29, 2024, the Notice of Resumption of Work was issued to NAS with the resume date of June 17, 2024 for the fountains.

The work was completed September 12, 2024. Below are photos of the completed Project.

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CITY COUNCIL AGENDA ITEM NO. E.8
10/22/2024

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.

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. If the City Council does not approve staff’s recommendation, staff will not be able to close out this Project.

2. Modify staff’s recommendation based on legally defensible findings.

3. Continue item with direction for staff to return with additional information.

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 June 9, 2020, by Resolution 2020-73, City Council adopted the 2020/21 - 2024/25 Capital Improvement Program.

On January 12, 2021, by Resolution No. 2021-07, City Council approved a new capital improvement project in the amount of $102,600 for the design phase of the water fountain retrofit of Deer Ridge Frontage Landscaping Improvements, amending the FY 2020/21 - FY 2024/25 Capital Improvement Program, and amending the FY 2020-21 Operating Budget.

On June 22, 2021, by Resolution No. 2021-75, City Council declared its intention to 1) order the formation of, 2) levy and collect assessments for, and 3) identify improvements to be maintained by, LLAD No. 21-1 (Deer Ridge Landscape Improvements) (“LLAD No. 21-1”) for Fiscal Year 2022-23, and 4) set August 24, 2021, as the Public Hearing date pursuant to the Landscaping and Lighting Act of 1972 and Proposition No. 218.

On September 14, 2021, by Resolution 2021-112, City Council declared the Results of the Property Owner Protest Ballot Proceedings Conducted for Landscape and Lighting Assessment District No. 21-1 (Deer Ridge Landscape Improvements), approving the Final Engineer’s Report, Ordering the Formation of Landscape and Lighting Assessment District No. 21-1 (Deer Ridge Landscape Improvements), and Confirming Diagrams and Levy of Assessments for Fiscal Year 2022/23.

On January 25, 2022, by Resolution 2022-10, City Council (1) approved the construction phase of the capital improvement project consisting of the Deer Ridge Frontage Landscaping Improvements, CIP No. 352-52440, per the attached CIP sheet; (2) amended the FY 2021/22 - FY 2025/26 CIP to add to the Project; (3) amended the FY 2021/22 Operating Budget to allow for funding transfers; and (4) approved a long-term interfund loan in the amount of $722,476, per the Council’s Budget and Fiscal Policy, to provide capital funding for the portion of this construction cost that is the responsibility of LLAD No. 21-1 (Deer Ridge Landscape Improvements).

On April 26, 2022, by Resolution 2022-51, City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Deer Ridge Frontage Landscaping Improvements Project, CIP No. 352-52440 with Clean Cut Landscaping, Inc. in the amount of $948,593, plus a 10% contingency of $94,860, for a total not

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to exceed amount of $1,043,453, and amended the FY 2021/22 – 2025/26 CIP and the 2021/22 Operating Budget for the associated project funding transfers.

On January 24, 2023, by Resolution 2023-09, City Council accepted the work performed by Clean Cut Landscaping, Inc. for the Deer Ridge Frontage Landscaping Improvements Project, CIP No. 352-52440 and requested the City Clerk to file a Notice of Completion with the County Recorder.

On April 11, 2023, by Resolution 2023-44, City Council 1) approved and authorized the City Manager or designee to execute a contract with PG&E in the amount of $89,932.29, plus a contingency of $13,489.84 for unanticipated additional services, for a total not to exceed amount of $103,422.13, 2) approved and authorized the City Manager or designee to execute a contract with National Aquatic Services, Inc. in the amount of $110,774, plus a contingency of $11,077.40 for a total not to exceed amount of $121,851.40 for retrofit of the fountains, and 3) authorized staff to amend the 2022/23 – 2026/27 Capital Improvement Program by $108,819 for the Deer Ridge Frontage Landscaping Improvements Project, CIP Project No. 352-52440 and the FY 2022/23 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 NATIONAL AQUATIC SERVICES, INC. FOR THE DEER RIDGE FRONTAGE LANDSCAPING IMPROVEMENTS PROJECT – FOUNTAIN RETROFIT, CIP PROJECT NO. 352-52440 AND FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER.

WHEREAS, on June 9, 2020, by Resolution 2020-73, City Council adopted the 2020/21 - 2024/25 Capital Improvement Program; and
WHEREAS, on January 12, 2021, by Resolution No. 2021-07, City Council approved a new capital improvement project in the amount of $102,600 for the design phase of the water fountain retrofit of Deer Ridge Frontage Landscaping Improvements (“Project”), amending the FY 2020/21 - FY 2024/25 Capital Improvement Program, and amending the FY 2020-21 Operating Budget; and
WHEREAS, on June 22, 2021, City Council approved paying for the upfront Project costs including the initial design of the improvements, development of the cost estimate to construct and maintain the improvements, the legal and assessment engineering costs to form the proposed Deer Ridge LLAD 21-1, and the preparation and mailing of the notices and ballots to affected property owners; and
WHEREAS, on September 14, 2021, by Resolution 2021-112, City Council declared the Results of the Property Owner Protest Ballot Proceedings Conducted for Landscape and Lighting Assessment District No. 21-1 (Deer Ridge Landscape Improvements), approving the Final Engineer’s Report, Ordering the Formation of Landscape and Lighting Assessment District No. 21- 1 (Deer Ridge Landscape Improvements), and Confirming Diagrams and Levy of Assessments for Fiscal Year 2022/23; and
WHEREAS, on January 25, 2022, by Resolution 2022-10, City Council (1) approved the construction phase of the capital improvement project consisting of the Deer Ridge Frontage Landscaping Improvements, CIP No. 352-52440, per the attached CIP sheet; (2) amended the FY 2021/22 - FY 2025/26 CIP to add to the Project; (3) amended the FY 2021/22 Operating Budget to allow for funding transfers; and (4) approved a long-term interfund loan in the amount of $722,476, per the Council’s Budget and Fiscal Policy, to provide capital funding for the portion of this construction cost that is the responsibility of LLAD No. 21-1 (Deer Ridge Landscape Improvements); and
WHEREAS, on April 26, 2022, by Resolution 2022-51, City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Deer Ridge Frontage Landscaping Improvements Project, CIP No. 352-52440 with Clean Cut Landscaping, Inc. in the amount of $948,593, plus a 10% contingency of $94,860, for a total not to exceed amount of $1,043,453, and amended the FY 2021/22 – 2025/26 CIP and the 2021/22 Operating Budget for the associated project funding transfers; and
WHEREAS, on January 24, 2023, by Resolution 2023-09, City Council accepted the work performed by Clean Cut Landscaping, Inc. for the Deer Ridge Frontage Landscaping

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Improvements Project, CIP No. 352-52440 and requested the City Clerk to file a Notice of Completion with the County Recorder; and
WHEREAS, on April 11, 2023, by Resolution 2023-44, City Council 1) approved and authorized the City Manager or designee to execute a contract with PG&E in the amount of $89,932.29, plus a contingency of $13,489.84 for unanticipated additional services, for a total not to exceed amount of $103,422.13, 2) approved and authorized the City Manager or designee to execute a contract with National Aquatic Services, Inc. in the amount of $110,774, plus a contingency of $11,077.40 for a total not to exceed amount of $121,851.40 for retrofit of the fountains, and 3) authorized staff to amend the 2022/23 – 2026/27 Capital Improvement Program by $108,819 for the Deer Ridge Frontage Landscaping Improvements Project, CIP Project No. 352-52440 and the FY 2022/23 Operating Budget for the associated project funding transfers.

WHEREAS, National Aquatic Services, Inc. has met its contractual obligation and staff has recommended that the work performed by National Aquatic Services, Inc. for the Deer Ridge Frontage Landscaping Improvements Project – Fountain Retrofit, CIP Project No. 352-52440 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 approves a Resolution accepting the work performed by National Aquatic Services, Inc. for the Deer Ridge Frontage Landscaping Improvements Project – Fountain Retrofit, CIP Project No. 352-52440 and directs the Notice of Completion be filed with the County Recorder.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on October 22, 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: Deer Ridge Frontage Landscaping Improvements Project: Retrofit of the fountain

6. The name of the original Contractor for the Project is: National Aquatic Services, Inc.

7. The Project was completed on: September 12, 2024

8. The Project is located at: Deer Ridge Frontage Landscaping (Foothill Drive/Balfour Road) 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 ________________________________
Amanda McVey, Interim City Clerk

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CITY COUNCIL AGENDA ITEM NO. E.9
10/22/2024
SUBJECT: Second Reading of a Zoning Text Amendment (RZ24-007) to the Brentwood Municipal Code to update Section 17.800.009(A)(2) to increase the notification radius for public hearing items from 300 feet to 1,000 feet.

DEPARTMENT: Community Development Department
STAFF: Alexis Morris, Director of Community Development Erik Nolthenius, Planning Manager
Jennifer Hagen, Senior Planner

TITLE/RECOMMENDATION
Waive the second reading of and adopt Ordinance No. 1076, approving an amendment (Rezone No. 24-007) to the Brentwood Municipal Code amending Section

17.800.009(A)(2) of the Brentwood Municipal Code to increase the notification radius for public hearing items from 300 feet to 1,000 feet.

FISCAL IMPACT
Adoption of the ordinance may result in a minimal fiscal impact to the City related to City initiated public hearing items only. Cost associated with additional notices for non-City initiated projects would be passed to project applicants as part of the application and review process, which includes the collection of fees in accordance with the City’s Cost Allocation Plan.

The increase in the number of notifications will also lead to an increase in overall cost of notifications. Since the Community Development Department operates on a deposit account basis where time and materials are charged to the applicant against the established account as the project is processed, the additional fee would be passed along to the applicants who would be responsible for paying postage.

Currently it costs approximately $1 per notice mailed to each address, which includes

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CITY COUNCIL AGENDA ITEM NO. E.9
10/22/2024
the postage and supplies. In the event the City was the applicant on a project requiring such a public notice to be mailed, such costs would be paid from the General Fund.

BACKGROUND
On May 21, 2024, Vice Chairperson Sparling requested a future agenda item to discuss possible changes to the 300-foot notification requirement for public hearing items. At the June 4, 2024, Planning Commission meeting, Vice Chairperson Sparling explained the request in more detail. After taking public comment, the Planning Commission deliberated and voted unanimously to move forward requesting that the City Council direct staff to update Brentwood Municipal Code Section

17.800.009(A)(2) to increase the notification radius from 300 feet to 1,000 feet.

On July 23, 2024, the City Council considered the Planning Commission’s request and directed staff to move forward with the requested change as soon as possible.

PLANNING COMMISSION ACTION
The Planning Commission considered this item at a public hearing at its regular meeting of September 17, 2024, and was supportive of the requested text amendments. The Planning Commission agreed that the amendments would help to provide greater public awareness while processing applications and communicating potential project impacts to a larger number of residents. The Planning Commission unanimously adopted Resolution No. 24-040, recommending that the City Council approve the amendments (Rezone No. 24-007), modifying Section 17.800.009(A)(2) of the Brentwood Municipal Code to increase the notification radius for public hearing items from 300 feet to 1,000 feet.

CITY COUNCIL MEETING OF OCTOBER 8, 2024
On October 8, 2024, the City Council considered the proposed amendments to the Brentwood Municipal Code. After deliberation, the City Council, with a vote of 4-0 (Pierson was absent), introduced and waived the first reading of the proposed ordinance for RZ24-007.

Expanding the notification radius will significantly increase the number of property owners receiving notification, and thereby potentially increase the overall citizen involvement in the decision-making process, which can lead to more informed decisions by the Planning Commission and/or City Council and projects that are more mindful of and/or harmonious with the surrounding area.

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CITY COUNCIL AGENDA ITEM NO. E.9
10/22/2024
The change of the noticing distance requirement from 300 to 1,000 feet is shown below and is found in Chapter 17.800.009(A)(2):

A. Through mailing of a public hearing notice to the following:

1. The applicant and/or property owner/s or their duly
authorized agent,

2. The owners of all property within three hundred one thousand feet of the subject site as shown on the latest equalized assessment rolls,

3. Any person who has filed a written request with either the city clerk or the city council

CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.

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

DATE OF NOTICE
The City of Brentwood published a public hearing notice in the Brentwood Press on September 27, 2024, for the October 8, 2024 public hearing held on the ordinance.

ENVIRONMENTAL DETERMINATION
The proposed ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 because there is no potential that the ordinance will result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment because it would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities. Further, even if it was considered a project, it is exempt pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the ordinance will result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. None of the circumstances described in CEQA Guidelines Section 15300.2 applies.

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CITY COUNCIL AGENDA ITEM NO. E.9
10/22/2024

ATTACHMENT(S)

1. Previous Action

2. City Council Ordinance No. 1076 for RZ 24-007

Page 24 of 704 ends

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

On September 16, 1987, the City Council adopted Ordinance No. 408, establishing Chapter

17.800 (Administrative Procedures and Permits) of the Brentwood Municipal Code.

On May 8, 2000, the City Council adopted Ordinance No. 665, modifying Chapter

17.800.009 (Public Hearing Notice) in order to add requirements related to erecting onsite signage for related to proposed projections requiring a public hearing.

On July 23, 2024, the City Council considered a request from the Planning Commission to increase the notification radius for public hearings and directed staff to move forward with the requested changes as soon as possible.

On September 17, 2024, the Planning Commission held a public hearing to consider an Ordinance to increase the notification radius for public hearings in Brentwood Municipal Code Section 17.800.009(A)(2) from 300 feet to 1,000 feet. Following the public hearing, the Planning Commission adopted Resolution No. 2024-____, recommending that the City Council adopt the proposed Ordinance.

On October 8, 2024, following a public hearing, the City Council voted to waive the first reading of and introduce Ordinance No. 1076 to increase the notification radius for public hearings in Brentwood Municipal Code Section 17.800.009(A)(2) from 300 feet to 1,000 feet.

Page 25 of 704 ends

ORDINANCE NO. 1076

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING A ZONING TEXT AMENDMENT TO THE
BRENTWOOD MUNICIPAL CODE (RZ 24-007), WHICH WOULD
AMEND SECTION 17.800.009(A)(2) TO INCREASE THE
NOTIFICATION RADIUS FOR PUBLIC HEARING ITEMS FROM 300
FEET TO 1,000 FEET
WHEREAS, City staff prepared a zoning text amendment (“the Ordinance”) that would amend Brentwood Municipal Code Section 17.800.009(A)(2) to increase the notification radius for public hearing items from 300-feet to 1,000-feet; and WHEREAS, the Ordinance would amend Title 17 (Zoning) of the Brentwood Municipal Code, and the Planning Commission is charged with reviewing amendments to said title prior to their consideration by the City Council; and WHEREAS, state law and the City’s Zoning Ordinance require that notice of public hearings before the Planning Commission or City Council on certain discretionary land use applications including, but not limited to, conditional use permits and modifications thereto, variances, rezones and zoning text amendments, and general plan amendments be mailed to all property owners located within 300 feet of the project parcel; and
WHEREAS, because of the wide-ranging potential impacts of some projects, a 300-foot radius does not always capture property owners that may be potentially impacted by a proposed project; and
WHEREAS, both the Planning Commission and City Council have heard an increase in concerns expressed by residents regarding the extent of public notice provided on projects subject to Planning Commission and/or City Council review; and WHEREAS, expanding the noticing radius will allow those property owners most likely to be impacted by a project to have an opportunity to participate in the process; and
WHEREAS, citizen involvement in the public hearing process can lead to better decisions by the Planning Commission and/or City Council, as well as projects that are more harmonious with the surrounding area; and
WHEREAS, on September 6, 2024, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in the Brentwood Press, a newspaper of general circulation; and WHEREAS, on September 17, 2024, the Planning Commission held a dulynoticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the

Page 26 of 704 ends

Attachment 2

Page 2 of 4 ends

Planning Commission voted to recommend that the City Council adopt the proposed Ordinance by a vote of 5-0; and
WHEREAS, the City published a notice of public hearing in the Brentwood Press on September 27, 2024, in accordance with City policies and Government Code Section 65090; and
WHEREAS, on October 8, 2024, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration by the City’s Planning Commission; and WHEREAS, this amendment is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378 because there is no potential that the ordinance will result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment because it would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities, and even if it was a project, it would be exempt pursuant to CEQA Guidelines section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment and none of the circumstances in CEQA Guidelines section 15300.2 are present; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are incorporated into this Ordinance as though fully set forth herein.

SECTION 2. CEQA. Pursuant to California Environmental Quality Act (“CEQA”) Section 15378 of the CEQA Guidelines, is not a project because there is no potential that the ordinance will result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment because it would only establish and clarify administrative processes and would not facilitate new construction or other groundbreaking activities, and even if it was a project, it would be exempt pursuant to CEQA Guidelines section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment and none of the circumstances in CEQA Guidelines section 15300.2 are present.

SECTION 3. Rezoning. Brentwood Municipal Code Section 17.870.008 provides:

No rezoning of property or text amendment shall occur which is inconsistent with the city’s community development plan. In making a decision, the planning commission and council shall consider the

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Attachment 2

Page 3 of 4 ends

consistency of the proposed action to the community development plan and other applicable city plans, and shall consider whether the proposed action is inappropriate or otherwise contrary to the public interest.

General Plan Policy CSF 5-12 provides, “Encourage citizen participation at City government meetings, hearings, and workshops.” In addition, General Plan Policy CSF 5-14 provides, “Solicit feedback from residents and citizens regarding City-initiated projects, programs, and outreach efforts.” The zoning text amendment is consistent with these General Plan policies, insomuch as it provides notification of upcoming meetings of the City government to a broader range of residents. The amendment would also assist in soliciting feedback from residents and citizens regarding potential development projects in the City.

SECTION 4. Amendment. The Brentwood Municipal Code is hereby amended (added text underlined, deleted text stricken)as follows:

Chapter 17.800.009(A)(2)
A. Through mailing of a public hearing notice to the following:

1. The applicant and/or property owner/s or their duly authorized agent,

2. The owners of all property within three hundred one thousand feet of the subject site as shown on the latest equalized assessment rolls,

3. Any person who has filed a written request with either the city clerk or the city council,

4. Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected;
SECTION 5. Effective Date; Publication Date. This ordinance shall be published in accordance with Government Code Section 36933. This ordinance shall take effect 30 days after its adoption. The City Clerk is directed to cause the Municipal Code text to be entered in the Brentwood Municipal Code of the City of Brentwood to be modified accordingly.

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Attachment 2

Page 4 of 4 ends

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the City Council of the City of Brentwood on the 8th day of October 2024 by the following vote:

AYES: Mendoza, Oerlemans, Meyer, and Mayor Bryant
NOES: None
ABSENT: Pierson
RECUSE: None
THE FOREGOING ORDINANCE was adopted with the second reading waived at a regular meeting of the City Council of the City of Brentwood on the 22nd day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

APPROVED
Joel R. Bryant
Mayor
ATTEST:

Amanda McVey
Interim City Clerk

Page 29 of 704 ends

CITY COUNCIL AGENDA ITEM NO. E.10
10/22/2024
SUBJECT: Informational Report on Final Map of Subdivision No. 9610, Trumark Trailside, developed by TH Apricot Way Brentwood, LLC DEPARTMENT: Engineering
STAFF: Allen Baquilar, Director of Engineering/City Engineer Heather Silfies, Engineering Services Specialist

TITLE/RECOMMENDATION
Receive and file an Informational Report on Final Map approval by the City Manager of Subdivision No. 9610, Trumark Trailside, developed by TH Apricot Way Brentwood, LLC located at 1777 Apricot Way (APN’s 019-092-013 and 019-092-034).

FISCAL IMPACT
This report is informational only and does not authorize expenditures.

BACKGROUND
In compliance with the State Subdivision Map Act (Government Code Section 66458 (d)) and Brentwood Municipal Code Section 16.165.030, please be advised that the above-referenced Final Map and associated Subdivision Improvement Agreement have been presented to the City Manager for approval.

Tentative Subdivision Map No. 9610, upon which this Final Map is based, was approved by the City Council Resolution No. 2023-99, on August 8, 2023 and subsequently amended by Resolution No. 2024-103 on September 24, 2024.

This Final Map has been checked for conformance with the approved Tentative Subdivision Map and all Conditions of Approval and dedications for the appropriate roadways, parcels and easements have been offered. This subdivision consists of 63 single-family residential units.

In order for this Final Map to be recorded, the City Manager needs to approve the Subdivision Map, Subdivision Improvement Agreement, and accept the offers of dedication as shown on the Subdivision Map.

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CITY COUNCIL AGENDA ITEM NO. E.10
10/22/2024

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

ALTERNATIVE OPTION(S)
Not Applicable

ATTACHMENT(S)

1. Previous Action

2. Site Map

3. Approved Final Map

Page 31 of 704 ends

Attachment 1

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

On September 9, 2003, the City Council adopted Ordinance No. 759, authorizing the City Manager to approve final subdivision maps and execute subdivision improvement agreements.

On June 20, 2023, by Resolution No. 23-024, the Planning Commission recommended City Council approve vesting tentative Subdivision Map No. 9610.

On August 8, 2023, by Resolution No. 2023-99, the City Council approved vesting tentative Subdivision No. 9610.

On September 24, 2024, by Resolution No. 2024-___, the City Council approved an amendment to Subdivision No. 9610.

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HOLLY CT

ACAC AI CT

JUNIPER CT

AZALEA WAY

AUR ORA CT
GLA DE
CT

YATES CT

ROPER CIR

JUNIPER ST

NASSAU LN

E MPRESS LN
D
A
W
N
CT

BRAMPTON PL

SU NFLOWER LN

HOLLY ST
SOFIA
C
T

ROSELINDA DR

DAWNVIEW CT

CYPRESS ST

EDERA PL

MONTCLAIR PL

ANTICA DR

CIPRIANI PL

LINDEN ST

LAS MONTANAS CT
JAS

MINE CT

STRATHAVEN PL

CHERRY BLOSSOM CT

FIORITA
W
AY

HIG HLAND WAY

MOREAU WAY

LA S FLO
RES
DR
SHADY

WILLOW LN

CENTURY O AKS DR

RAMPART WAY
S
A
G
E
CT

GREENY A R
D
C
T

GABRIELLA LN
S
O
FIA
WAY

FAIRVIEW AVE

CHATHAM PL
DAW
N
VIE
W
D
R

EMPIRE AVE

DUPRE WAY

LA PERGOLA DR

M LI L C
REEK
W AY

JAS M INE PL

HELENA W AY

DAFFODIL DR

A PRICOT W AY
ALDER
C

REEK WAY

LAS C O LINA
S
DR
A
U
T
U
M

NVALLEYWAY

WATER ST

SAND CREEK RD

FAIRVIEW AVE

OLD SAND CREEK RD
Final Map
Trumark Trailside Subdivision No. 9610
Developed by TH Apricot Way Brentwood LLC
-
Docum ent Path: W:\mxd\Staff R eport Maps\9610 Final Map.m xd 9610

VASCO RD
STATE ROUTE 4
(MARSH CREEK RD)

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JOB NO. 1098-044 SHEET OF 1 8 SUBDIVISION 9610 TRUMARK TRAILSIDE CONSISTING OF 8 SHEETS BEING A SUBDIVISION OF TRACTS ONE AND TWO AS DESCRIBED IN DN 2024-0041145, CONTRA COSTA COUNTY RECORDS CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA AUGUST 2024 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 OWNER'S STATEMENT SURVEYOR'S STATEMENT COUNTY RECORDER'S STATEMENT OWNER'S ACKNOWLEDGMENT CLERK OF THE BOARD OF SUPERVISORS STATEMENT Page 34 of 704 JOB NO. 1098-044 SHEET OF 2 8
SUBDIVISION 9610

TRUMARK TRAILSIDE
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF TRACTS ONE AND TWO
AS DESCRIBED IN DN 2024-0041145,

CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456

SOILS REPORT

CITY ENGINEER'S STATEMENT
SIGNATURE OMISSION NOTE:

CITY COUNCIL STATEMENT

CERTIFICATE OF DEDICATION FOR SAME PUBLIC

PURPOSE

CITY MANAGER'S STATEMENT

CITY SURVEYOR'S STATEMENT

BENEFICIARY'S ACKNOWLEDGMENT

BENEFICIARY'S STATEMENT

Page 35 of 704 ends

ASHBOURNE PLACE

BRAMPTON PLACE CHERRY BLOSSOM COURT MONTCLAIR PLACE SAGA COURT CHATHAM PLACE STRATHAVEN PLACE

SAND CREEK

APRICOT WAY
BASIS OF BEARINGS:

REFERENCES:
3 100'

GRAPHIC SCALE
100' 0' 50' 100' 200' 400'
JOB NO. 1098-044 SHEET OF 8
SUBDIVISION 9610

TRUMARK TRAILSIDE
SCALE: 1" =
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF TRACTS ONE AND TWO
AS DESCRIBED IN DN 2024-0041145,

CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
LEGEND

Page 36 of 704 ends

38 18
7 5
6 11 10 9 8
13 17
16 15
14 12
33 39
32 35 36
34 37
22 19
20 21
24 23
29 3
1 2
4 26
25 28
27 31
30 60
42 40
41 45
43 49
48 47
46 54
55 44
63 62 61 59 58 57
51 52
53 50
56 ASHBOURNE PLACE

ARIONE STREET PONZA CIRCLE PONZA CIRCLE SLEPPY STREET MONTCLAIR PLACE STRATHAVEN PLACE

PARCEL A STRATHAVEN PLACE

PONZA CIRCLE

SLEPPY STREET

PARCEL B
6 5
8 7
SAND CREEK BASIS OF BEARINGS:

REFERENCES:
4 80'

GRAPHIC SCALE
80' 0' 40' 80' 160' 320'
JOB NO. 1098-044 SHEET OF 8
SUBDIVISION 9610

TRUMARK TRAILSIDE
SCALE: 1" =
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF TRACTS ONE AND TWO
AS DESCRIBED IN DN 2024-0041145,

CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
LEGEND
5

Page 37 of 704 ends

7 5
6 10 9 8
11 13
16 15
14 12
22 24
23 3
1 2
4 26
25 28
27 ARIONE STREET PONZA CIRCLE PONZA CIRCLE STRATHAVEN PLACEPONZA CIRCLE ASHBOURNE PLACE STRATHAVEN PLACE BASIS OF BEARINGS:

NOTES:

REFERENCES:
5 40'

GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
JOB NO. 1098-044 SHEET OF 8
SUBDIVISION 9610

TRUMARK TRAILSIDE
SCALE: 1" =
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF TRACTS ONE AND TWO
AS DESCRIBED IN DN 2024-0041145,

CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
LEGEND
SEE SHEET 6 SEE SHEET 7

DETAIL A

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38 18
17 33
39 32
35 36
34 37
19 20
21 29
31 30

ARIONE STREET PONZA CIRCLE PONZA CIRCLE

PARCEL A STRATHAVEN PLACE SLEPPY STREET
BASIS OF BEARINGS:

NOTES:

REFERENCES:
18 6
40'

GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
JOB NO. 1098-044 SHEET OF 8
SUBDIVISION 9610

TRUMARK TRAILSIDE
SCALE: 1" =
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF TRACTS ONE AND TWO
AS DESCRIBED IN DN 2024-0041145,

CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
LEGEND SEE SHEET 8
SEE SHEET 5

DETAIL A DETAIL B

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60 45
43 46
54 55
44 58 57 63 62 61 59
52 53

ARIONE STREET MONTCLAIR PLACE STRATHAVEN PLACE STRATHAVEN PLACE SLEPPY STREET BASIS OF BEARINGS:

REFERENCES:

NOTES: 7
40'

GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
JOB NO. 1098-044 SHEET OF 8
SUBDIVISION 9610

TRUMARK TRAILSIDE
SCALE: 1" =
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF TRACTS ONE AND TWO
AS DESCRIBED IN DN 2024-0041145,

CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
LEGEND
SEE SHEET 8 SEE SHEET 5 SEE SHEET 6

Page 40 of 704 ends

42 40
41 49
48 47
51 50
56 SLEPPY STREET MONTCLAIR PLACE

PARCEL A STRATHAVEN PLACE

SLEPPY STREET PARCEL B
BASIS OF BEARINGS: NOTES:

REFERENCES:
8 40'

GRAPHIC SCALE
40' 0' 20' 40' 80' 160'
JOB NO. 1098-044 SHEET OF 8
SUBDIVISION 9610

TRUMARK TRAILSIDE
SCALE: 1" =
CONSISTING OF 8 SHEETS

BEING A SUBDIVISION OF TRACTS ONE AND TWO
AS DESCRIBED IN DN 2024-0041145,

CONTRA COSTA COUNTY RECORDS

CITY OF BRENTWOOD, CONTRA COSTA COUNTY, CALIFORNIA
AUGUST 2024

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916)788-4456
LEGEND
SEE SHEET 7 SEE SHEET 6

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CITY COUNCIL AGENDA ITEM NO. E.11
10/22/2024
SUBJECT: Purchase one new replacement Street Sweeper, and authorize the City Manager or designee to execute any necessary documents in a total amount not to exceed $431,520 and amend the 2024/25 Operating Budget.

DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Scott Dempsey, Fleet/Facilities Maintenance Manager

TITLE/RECOMMENDATION
Adopt a Resolution approving the purchase of one new replacement Schwarze A9 Monsoon street sweeper for the Streets Maintenance Division from Municipal Maintenance Equipment, Inc. in Sacramento, CA; authorizing the City Manager or designee to execute any necessary documents in an amount not to exceed $431,520; and amending the 2024/25 Vehicle and Equipment Replacement Fund budget by $96,033.

FISCAL IMPACT
The total cost of $431,520 will be expended through the Vehicle/Equipment Replacement Fund. Staff is requesting the 2024/25 Vehicle and Equipment Replacement Fund budget be increased by $96,033 to allow for this expenditure in the current fiscal year. The Vehicle and Equipment Replacement Fund has sufficient funds for this purchase, with a projected cash balance on June 30, 2025 of $8,734,682.

The Vehicle/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%), General Fund (38%), and other funds (5%).

BACKGROUND
The Streets Division currently has three Schwarze regenerative air street sweepers which are used for maintenance of the City’s streets, gutters and storm water collection systems. This preventative maintenance helps to prevent flooding from debris entering the creeks, as well as to meet the City’s National Pollutant Discharge

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CITY COUNCIL AGENDA ITEM NO. E.11
10/22/2024
Elimination System (NPDES) permit requirement for trash reduction in the storm drain system.

The Vehicle Policy contains guidelines for replacement of City vehicles. Two street sweepers used for street cleaning operations are scheduled for replacement in FY 2024/25. Due to shortages of diesel engine chassis, only one unit is available at this time. Replacement of these machines will provide lower on-going maintenance costs and a new warranty period to protect the division from major, unknown maintenance costs in the short term and keep long term maintenance costs down, minimize downtime and prevent potential equipment rental costs as well. The emissions system interval checks are much less onerous for operations and maintenance, further improving efficiencies in the operation. Since approval for the new replacement street sweepers as part of the 2024/25 – 2025/26 Operating Budget, the replacement cost for this one replacement has increased by $96,033 due to the chassis shortages within California.

There are two California Air Resources Board (CARB) regulations that went into effect on January 1, 2024 that are hindering the City’s ability to purchase diesel chassis’ in California – the Advanced Clean Trucks and the Omnibus. Essentially, the Omnibus regulation states only diesel engines that produce a certain amount of NOx (nitrogen oxides) can be sold into California. California is currently the only state with this requirement and, therefore, the supply of these CARB certified engines is almost nonexistent causing a severe shortage of functioning chassis in California. To further issues, there are currently no zero emission (electric/hydrogen) vehicles available that can be utilized for the type of work a street sweeper performs on a daily basis.

The street sweeper due for replacement has been in service for over nine years and currently has over 94,000 miles and more than 15,000 hours on the engine, vacuum body and gutter brooms.

City staff has previously researched many street sweeper models and determined the Schwarze street sweeper trucks best meets the needs of the City. This truck has proven to be both reliable and efficient. The Street Maintenance and Fleet Maintenance Divisions are satisfied with the combination of high performance, low maintenance costs, and comparable price to other similar models.

Pursuant to Purchasing Policy 10-7, Section 5.3, staff recommends utilizing Sole Source/Non-Competitive Negotiations for purchasing the Schwarze A9 Monsoon street sweeper truck to maintain uniformity in the Streets Maintenance fleet. Staff requests the approval to purchase the Schwarze A9 Monsoon street sweeper truck

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CITY COUNCIL AGENDA ITEM NO. E.11
10/22/2024
from Municipal Maintenance Equipment, Inc., the authorized Schwarze dealer for Northern California. The street sweeper now available is a used version of the latest model year with less than 700 miles on it and priced at a $60,000 discount from a new cooperative purchasing priced unit for a total cost not to exceed $431,520.

With the uniformity of the sweepers, the Street Maintenance and Fleet Maintenance Divisions benefit from operational and maintenance-related efficiency, reduced repair time, parts ordering and stocking, and training for both Streets Maintenance operators and Fleet Maintenance personnel. Additionally, uniformity of the fleet helps improve safety by allowing drivers to be familiar with operating controls, i.e., levers, pedals, mirrors, instruments, truck inspections, etc., when driving different trucks from the same manufacturer.

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.

ALTERNATIVE OPTION(S)
Alternative Options to the Staff Recommendation:

1. Do not approve staff’s recommendation.

2. Modify staff’s recommendation based on legally defensible findings.

3. Continue item with direction for staff to return with additional information.

ATTACHMENT(S)

1. Previous Action

2. Resolution

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CITY COUNCIL AGENDA ITEM NO. E.11
10/22/2024

3. Quote

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On February 14, 2017, by Resolution No. 2017-17, City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”).

On June 25, 2024, by Resolution 2024-73, City Council adopted the FY 2024/25 – 2025/26 Operating Budget.

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD APPROVING THE PURCHASE OF ONE NEW
REPLACEMENT SCHWARZE A9 MONSOON STREET SWEEPER

FROM MUNICIPAL MAINTENANCE EQUIPMENT IN
SACRAMENTO, CA; AUTHORIZING THE CITY MANAGER OR

DESIGNEE TO EXECUTE ANY NECESSARY DOCUMENTS IN AN
AMOUNT NOT TO EXCEED $431,520; AND AMENDING THE
2024/25 VEHICLE AND EQUIPMENT REPLACEMENT FUND
BUDGET BY $96,033.

WHEREAS, on February 14, 2017, by Resolution No. 2017-17, the City Council adopted the amended City Council/Administrative Policy No. 10-9, Policy and Procedures for the Use of Vehicles and Related Equipment (“Vehicle Policy”); and WHEREAS, on June 25, 2024, by Resolution 2024-73, the City Council approved the 2024/25 – 2025/26 Operating Budget; and
WHEREAS, the Purchasing Policy 10-7 requires that purchases or services over $50,000 be approved by City Council; and
WHEREAS, retaining the uniformity of the fleet, the Street Maintenance and Fleet Maintenance Divisions benefit from operational and maintenance-related efficiency, reduced repair time, parts ordering and stocking, and training for both Street Maintenance and Fleet Maintenance personnel; and WHEREAS, pursuant to Purchasing Policy 10-7, Section 5.3, staff recommends utilizing sole source/non-competitive negotiations for purchasing the Schwarze A9 Monsoon street sweeper to maintain uniformity in the Street Maintenance fleet; and WHEREAS, the only Schwarze A9 Monsoon available is a unit of the latest model year with less than 700 miles and priced at a $60,000 discount from a new cooperative purchasing priced unit from the regional distributor Municipal Maintenance Equipment, and will be purchased in an amount not to exceed $431,520; and
WHEREAS, the total $431,520 cost will be expended through the Vehicle and Equipment Replacement Fund, which is included in the City Council approved 2024/25 – 2025/26 Operating Budget; and
WHEREAS, staff is requesting the 2024/25 Vehicle and Equipment Replacement Fund budget be amended in the amount of $96,033 to allow for these expenditures in the current fiscal year.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the purchase of one Schwarze A9 Monsoon street

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Page 2 of 2 ends

sweeper from Municipal Maintenance Equipment in Sacramento, CA; authorize the City Manager or designee to execute any necessary associated documents in a total amount not to exceed $431,520 for fiscal year 2024/25; and amend the 2024/25 Vehicle and Equipment Replacement Fund budget by $96,033.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22th day of October 2024 by the following vote:

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CITY COUNCIL AGENDA ITEM NO. E.12
10/22/2024
SUBJECT: 2025 Public Art and Design Academy Project
DEPARTMENT: Parks and Recreation
STAFF: Bruce Mulder, Director of Parks and Recreation
Lindsay Pinell, Recreation Supervisor

TITLE/RECOMMENDATION
Adopt a Resolution 1) approving a Memorandum of Understanding (“MOU”) between the City of Brentwood (“City”) and Liberty Union High School District (“District”) regarding the Public Art and Design Academy (“PADA”) in the amount of $18,630 2) amending FY 2024/25 or the
FY 2025/26 Operating Budget, by increasing the Public Art Acquisition Fund by $23,630 for the cost to build the artwork and for transportation and installation of the project and 3) authorizing the City Manager or designee to execute the MOU and make minor non-substantive revisions to it, in consultation with the City Attorney.

FISCAL IMPACT
If approved, funding for this project will come from the Public Art Acquisition Fund.

The Fiscal Year (FY) 2024/25 or FY 2025/26 Operating Budget will require an amendment for the project expenditures, depending on the timing of the PADA project. The total project cost is estimated to be $23,630 and includes $18,630 for materials, supplies, and equipment for PADA to build the artwork and $5,000 for the transportation, installation and associated landscaping for the artwork, to be completed by City staff.

Including the requested amendment of $23,630 for the project cost, the fund balance in the Public Art Acquisition Fund as of June 30, 2025 is projected to be $3,153,166.

The Public Art Acquisition Fund consists of development fees collected for the acquisition and construction of Public Art and can only be used for public art projects.

BACKGROUND
Annually, the City works with PADA on art projects designed and created by the academy’s students. On September 18, 2024, PADA students presented three

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CITY COUNCIL AGENDA ITEM NO. E.12
10/22/2024
sculpture project conceptual ideas to the Arts Commission. The project will be installed in the planter box on the corner of Sand Creek Road and O’Hara Avenue in Brentwood, California. This year, drawing inspiration from the 2024 Tri-Fish sculpture that was installed in this same location, the goal of PADA is to create a beautiful art piece that complements the Tri-Fish sculpture in a stunning and natural way based on how nature operates. Following discussion, the Arts Commission selected the project concept “Birds of Beauty” for recommendation to City Council.

City Staff requests the City Council adopt a Resolution 1) approving an MOU between the City and PADA in the amount of $18,630 2) amending the FY 2024/25 or the FY 2025/26 Operating Budget by increasing the Public Art Acquisition Fund by $23,630 for the cost of PADA students to build the artwork and for City Staff to transport, install and complete the landscaping of the project, depending and 3) authorizing the City Manager or designee to execute the MOU and make minor non-substantive revisions to it, in consultation with the City Attorney.

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.

ALTERNATIVE OPTION(S)

1. Do not approve the resolution and MOU for the PADA project for the upcoming year.

2. Approve the resolution and MOU for the PADA project and request staff to identify a new conceptual idea to be considered by the Arts Commission.

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CITY COUNCIL AGENDA ITEM NO. E.12
10/22/2024

ATTACHMENT(S)

1. Attachment 1: Previous Action

2. Attachment 2: PADA Resolution

3. Attachment 3: Memorandum of Understanding

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Attachment 1

On November 12, 2014, City Council adopted Resolution 2014-170 approving an MOU between the City and the District regarding PADA’s murals at the cost of $10,463.64, amending the FY 2014/15 Operating Budget by increasing the Public Art Acquisition Fund by $10,463.64 and authorizing the City Manager to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and On October 27, 2015, City Council adopted Resolution 2015-161 approving a MOU between the City and the District regarding PADA’s mosaic sculptures at the cost of $16,728, amending the FY 2015/16 Operating Budget by increasing the Public Art Acquisition Fund by $16,728 and authorizing the City Manager to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and On November 15, 2016, City Council adopted Resolution 2016-156 approving a MOU between the City and the District regarding PADA’s mixed media mural at the cost of $11,892, amending the FY 2016/17 Operating Budget by increasing the Public Art Acquisition Fund by $11,892 and authorizing the City Manager to execute the MOU and make minor technical revisions to it in consultation with the City Attorney; and On November 14, 2017, City Council adopted Resolution 2017-145 approving a Memorandum of Understanding between the City and the District regarding the PADA mural at the cost of $14,746, amending the FY 2017/18 Operating Budget by increasing the Public Art Acquisition Fund by $14,746 and authorizing the City Manager or his designee to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and On November 13, 2018, City Council adopted Resolution 2018-147 approving a Memorandum of Understanding between the City and District regarding the PADA mural at the cost of $9,434, amending the FY 2018/19 Operating Budget by increasing the Public Art Acquisition Fund by $9,434 and authorizing the Director of Parks and Recreation to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and On January 28, 2020, City Council adopted Resolution 2020-08 approving a Memorandum of Understanding between the City and District regarding the PADA mural at the cost of $4,819 amending the FY 2019/20 Operating Budget by increasing the Public Art Acquisition Fund by $4,819 and authorizing the Director of Parks and Recreation to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and

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Attachment 1
On February 9, 2021, City Council adopted 2021-21 Resolution approving a Memorandum of Understanding between the City and District regarding the PADA mural at the cost of $12,299 amending the FY 2020/21 Operating Budget by increasing the Public Art Acquisition Fund by $12,299 and authorizing the Director of Parks and Recreation to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and On February 8, 2022, City Council adopted 2022-21 Resolution approving a Memorandum of Understanding between the City and District regarding the PADA mural at the cost of $10,426 amending the FY 2021/22 Operating Budget by increasing the Public Art Acquisition Fund by $10,426 and authorizing the Director of Parks and Recreation to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney; and On April 11, 2023, City Council adopted 2023-43 Resolution approving a Memorandum of Understanding with the District regarding the PADA mural at the cost of $3,513 amending the FY 2022/23 Operating Budget by increasing the Public Art Acquisition Fund by $3,513 and authorizing the Director of Parks and Recreation or designee to execute the Memorandum of Understanding and make minor nonsubstantive revisions to it in consultation with the City Attorney On January 23, 2024, City Council Adopted Resolution 2024-07 approving a Memorandum of Understanding between the City and District regarding the PADA project at a cost of $20,272, amending FY 2023/24 or FY 2024/25 Operating Budget, depending on the timing of the PADA project, by increasing the Public Art Acquisition Fund by $20,272, and authorizing the City Manager or designee to execute the MOU and make minor non-substantive revisions to it, in consultation with the City Attorney

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BRENTWOOD 1) APPROVING A MEMORANDUM OF
UNDERSTANDING (“MOU”) BETWEEN THE CITY OF BRENTWOOD
(“CITY”) AND LIBERTY UNION HIGH SCHOOL DISTRICT
(“DISTRICT”) REGARDING THE PUBLIC ART AND DESIGN
ACADEMY IN THE AMOUNT OF $18,630 2) AMENDING FY
2024/25 OR THE FY 2025/26 OPERATING BUDGET, BY
INCREASING THE PUBLIC ART ACQUISITION FUND BY $23,630

FOR THE COST TO BUILD THE ARTWORK AND FOR

TRANSPORTATION, INSTALLATION AND LANDSCAPING OF THE
PROJECT AND 3) AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE THE MOU AND MAKE MINOR NONSUBSTANTIVE REVISIONS TO IT, IN CONSULTATION WITH THE CITY ATTORNEY.

WHEREAS, the City desires to support the Liberty Union High School’s Public Art and Design Academy (“PADA”) through the available public art acquisition fund; and
WHEREAS, the Arts Commission has recommended to the City Council sculptures within the City of Brentwood by the students of PADA; and WHEREAS, the sculptures’, titled “Birds of Beauty” will be located in the planter box on the corner of Sand Creek Road and O’Hara Avenue in Brentwood, CA; and
WHEREAS, the sculptures’ goal is to “create a beautiful art piece that complements the Tri-Fish sculpture in a stunning and natural way based on how nature operates”; and
WHEREAS, supplies for PADA to be used for the sculpture will cost $18,630; and separately, $5,000 for the transportation, installation and associated landscaping for the artwork, to be completed by City staff; and WHEREAS, the City and the District desire to memorialize their relationship regarding the mural for Fiscal Year 2024/25 in a MOU to set forth their respective roles and obligations.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby adopts a Resolution 1) approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy in the amount of $18,630 2) amending FY 2024/25 or FY 2025/26 Operating Budget, by increasing the Public Art Acquisition Fund by $23,630 for the cost to build the artwork and for City staff to transport, install and complete landscaping of the project and 3) authorizing the City Manager or designee to execute the MOU and make minor non-substantive revisions to it, in consultation with the City Attorney.

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PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of October, 2024, by the following vote:

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1 MEMORANDUM OF UNDERSTANDING

BETWEEN

LIBERTY UNION HIGH SCHOOL DISTRICT

AND THE CITY OF BRENTWOOD
This Memorandum of Understanding (“MOU”) is entered this ____ day of _________, 2024 (“Effective Date”), by and between Liberty Union High School District (“District”) and the City of Brentwood, a municipal corporation of the State of California (“City”) (each a “Party” and collectively, the “Parties”.)

RECITALS
A. The City desires to support the District’s Public Art and Design Academy through the available public art acquisition fund.

B. The City desires sculptures in the planter box on the corner of Sand Creek Road and O’Hara Avenue in Brentwood, CA (“Project”) by the students of the Public Art and Design Academy of Liberty High School.

C. The sculptures’ goal is to compliment the Tri-Fish Sculpture installed in June 2024, in a stunning and natural way based on how nature operates.

D. The Parties desire to memorialize their relationship in this MOU and to set forth their respective roles and obligations related to the City’s support of the Project.

NOW, THEREFORE, IT IS HEREBY AGREED by the Parties as follows:

1. Responsibilities of the District. Along with the terms and conditions of this MOU, the District agrees to be responsible for and complete those items set forth in the attached Exhibit B, which is incorporated herein by this reference.

2. Responsibilities of the City. Along with the terms and conditions of this MOU, the City agrees to be responsible for and complete those items set forth in the attached Exhibit C, which is incorporated herein by this reference.

3. Relationship of the Parties. It is understood that this is a MOU by and between independent contractor(s) and is not intended to, and will not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor.

4. Term. This MOU will commence on the Effective Date and, unless extended or terminated earlier pursuant to this MOU, will terminate August 31, 2025.

5. Indemnity. Except as to the sole negligence or willful misconduct of the District, City will defend, indemnify and hold the District, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including reasonable attorneys’ fees, which arises out of, or is in any way connected with the performance of, the services by City or any of City’s employees, agents or subcontractors, notwithstanding that the District may have benefited from their services.

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2 Except as to the sole negligence or willful misconduct of City, the District will defend, indemnify and hold City, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including reasonable attorneys’ fees, which arises out of, or is in any way connected with the performance of, the services by the District or any of the District’s employees, agents or subcontractors, notwithstanding that City may have benefited from their services.

The duty of the Parties to indemnify and save harmless as set forth herein, will include the duty to defend as set forth in Section 2778 of the California Civil Code. This Section 5 will survive the expiration of this MOU.

6. Insurance. Each Party will maintain comprehensive general liability insurance in the amount of two million dollars ($2,000,000) combined single limit to protect the Parties, their officers, employees and agents against claims for bodily injury, and property damage arising from the any Party’s participation in the activities described herein. The form of such insurance will be satisfactory to each Party and may include self-insurance at levels acceptable to the Parties. Each Party’s policy or policies will name the other Party as additional insured. This Section 6 will survive the expiration of this MOU.

7. Ownership Rights.

A. Copyrights.
1) Students and/or their parent or legal guardian (“Students”) and District shall retain all copyrights in and to any work(s) created under this MOU, provided that Students grant to City, by separate instrument, an irrevocable license to graphically depict the work for any non-commercial purpose whatsoever. For the purposes of this limitation, the graphic depiction of the work(s) on materials designed to promote City shall be deemed to be a non-commercial use. City shall not be responsible for any third party infringement of Students’ or District’s copyright. City reserves the right to post the Project art on the City of Brentwood’s website and in marketing publications. 2) If for any reason the Project, or any portion thereof, is not implemented, all rights to the proposed work shall be retained by Students and District. 3) District agrees that all work performed under this MOU shall comply with all applicable patent, trademark and copyright laws, rules, regulations and codes of the State of California and the United States. District hereby represents and warrants that the work does not, and District has not and will not, utilize any photographs, patent, trademark or copyright in performance under this MOU unless and until District has obtained proper permission and all releases and other necessary documents. If District specifies any material, equipment, process or procedure which is protected, District shall disclose such patents, trademarks and copyrights in the construction drawings and technical specifications, such listing to be appended to this MOU and shall be incorporated by this reference.
4) District agrees to release, indemnify, defend and save harmless City, its officers and employees from any and all claims, damages, suits, costs, expenses, liabilities, actions or proceedings of any kind resulting from the performance under this MOU which infringes upon any patent, trademark or copyright or other right protected by law.

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3 B. District Moral Rights; City Ownership Rights.
1) City intends to make its best efforts to display the work at the project site as originally created by Students and District and to maintain the work in good condition. However, City must preserve complete flexibility to operate and manage City properties. Therefore, subject to its obligation to make good-faith efforts to consult with Students as set forth in subparagraph (B)(3) below, City retains the absolute right to alter, repair, modify, remove, relocate, sell, dispose of, or destroy (collectively, “Modify”) the work in its sole judgment. For example, City may modify the work to eliminate hazards, to comply with the ADA, to otherwise aid in the management of its property and affairs, or through neglect or accident. If, during or after the term of this Agreement, City finds the project site to be inappropriate, City has the right to install the work at an alternate location that it chooses in its sole reasonable discretion.
2) With respect to the work produced under this Agreement, except as otherwise set forth herein, District waives any and all claims, arising at any time and under any circumstances, against City its officers, agents, employees, successors and assigns, arising under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art. If the work is incorporated into a building such that the work cannot be removed from the building without physical defacement, mutilation, alteration, distortion, destruction, or other modification (collectively, “Modification”) of the work, District waives any and all such claims against any future owners of the Site, and its agents, officers and employees, for Modification of the work.
3) Where time permits, prior to and Modification of the work, City shall make reasonable good faith efforts to notify and consult with Students, at the last phone number or address provided by Students to the City, and to come to a mutually agreeable plan for disposition of the work. Such consultation shall be without charge by Students unless otherwise specifically agreed in writing. If the work is modified and City intends to maintain the work on display, City shall make a reasonable good faith effort to engage Students in the restoration of the work and to compensate Students for Students’ time and efforts at fair market value, which may be the subject of a future Agreement between Students and City. However, City has no obligation under this Agreement to restore the work or to compensate Students for any restoration work. If City Modifies the work without Students’ consent in a manner that is prejudicial to Students’ reputation, Students retain the right to disclaim authorship of the work in accordance with California Civil Code §987(d) and 17 U.S.C. §106A(a)(2). 4) Except as provided in this Agreement, with respect to third parties who are not officers, employees, agents, successors or assigns of City, District retains District’s moral rights in the work, as established in the Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 and 989), or any other local, state, federal or international moral rights laws that protect the integrity of works of art. Accordingly, nothing herein shall prevent District from pursuing a claim against a third party who is not an officer, employee, agent, successor or assign of City for Modification of the work. City has no obligation to pursue claims against third parties to remedy or prevent Modification of the work. However, as owner of the work, City may pursue claims against third parties for damages or to restore the work if a Modification of the work has occurred without City’s authorization.

8. Non-discrimination. The Parties will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.

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4 9. Entire Agreement. This MOU and its Exhibits set forth and contain the entire understanding and agreement of the Parties, and all oral or written representations, understandings or agreements are expressly stated in this MOU. No testimony or evidence of any such representations, understandings, or covenants will be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this MOU.

10. Amendments. Changes to the terms and conditions of this MOU will be made only by written amendment signed by the Parties.

11. Notices. All notices with respect to this MOU will be given by first class mail to the parties as follows:

City: City of Brentwood
Attention: Director of Parks and Recreation
150 City Park Way
Brentwood, CA 94513
District: Liberty Union High School District
Attention: Superintendent of Schools
20 Oak Street
Brentwood, CA 94513
Or to such other persons, addresses or telephone numbers as the Parties may designate in writing from time to time.

12. Termination. Either Party may terminate this MOU, by delivery of written notice of election to terminate to the other Party. In the event of termination and in addition to the requirements of Exhibit B, any unexpended funds will be returned to the Party that has contributed them.

13. Assignment. Neither Party will assign any right or obligation pursuant to this MOU without the written consent of the other Party. Any attempted or purported assignment without the written consent of the other Party will be void and of no effect.

14. Jurisdiction and Venue. Any action at law or in equity brought under this MOU for the purpose of enforcing a right or rights provided for by this MOU 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.

15. Paragraph Headings. Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof.

16. Waiver. Waiver by either Party of any default, breach or condition precedent will not be construed as a waiver of any other default, breach or condition precedent or of any other right under this MOU.

17. Severability. If any term, provision, covenant, or condition of this MOU is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this MOU will nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions.

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5 18. Authority. The individuals executing this MOU represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this MOU on behalf of the respective legal entities of the Parties.

19. Signatures.

19.1 Counterparts. This MOU 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 MOU may be executed using digital or electronic signatures in accordance with Government Code Section

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

Liberty Union High School District:

By:

Denise Rugani, Superintendent
City of Brentwood:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Amanda McVey, Interim City Clerk
APPROVED AS TO FORM:

By:

Katherine Wisinski, City Attorney

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6 Exhibit A
Project Description
The sculptures entitled “Birds of Beauty” will be installed in the planter box on the corner of Sand Creek Road and O’Hara Avenue in Brentwood, CA. This year, drawing inspiration from the 2024 TriFish sculpture that was installed in this same location, the goal of PADA is to create a beautiful art piece that complements the Tri-Fish Sculpture in a stunning and natural way based on how nature operates.

Location of Sculptures
Sculptures Rendering

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7 Exhibit B
District Responsibilities

1. Provide students for the Project.

2. The sculptures will be installed in the planter box on the corner of Sand Creek Road and O’Hara Avenue in Brentwood, CA (as described in Exhibit A).

3. Provide adult faculty supervision for the duration of the Project.

4. Purchase supplies and equipment needed for Project in the amount of $18,630.

5. Ensure that Students and their parents or legal guardians sign an Ownership Rights Form related to the project.

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8 Exhibit C
City Responsibilities

1. Approve safety plan for the sculptures during the Project.

2. Pay $18,630 for supplies and equipment.

3. The City will contribute up to $5,000 for City staff to provide the transportation and installation of the art as well as to complete the landscaping in the planter.

4. Transport and install sculptures and complete the landscaping for the Project.

5. Accept long-term maintenance and insurance of the sculpture, but City retains the absolute right to alter, repair, modify, remove or destroy the Project in its sole judgment pursuant to the terms of the MOU.

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CITY COUNCIL AGENDA ITEM NO. F.1
10/22/2024
SUBJECT: Adoption of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Solid Waste Organics Diversion Project.

DEPARTMENT: Public Works
STAFF: Casey Wichert, Director of Public Works
Vatsal Patel, Engineering Manager

TITLE/RECOMMENDATION
Adopt a Resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Solid Waste Organics Diversion Project, CIP Project No. 542-54021

FISCAL IMPACT
This is an administrative function with no fiscal impact associated with the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

Costs associated with the filing and recording, as well as the direct cost of mitigation measures, have been budgeted for in the adopted 2024/25 – 2028/29 Capital Improvement Program (“CIP”), which includes the Solid Waste Organics Diversion Project, CIP Project No. 542-54021 (“Project”). The Project is funded by the Solid Waste and Wastewater Enterprise Funds.

Funding for the construction of the project are still being assessed, as well as eligible tax credits and exemptions, and is planned to be discussed at the November 12, 2024 Council Meeting.

BACKGROUND
The Project consists of organic waste recovery facilities capable of beneficially reusing organic waste (including the organic fraction of solid waste and wastewater biosolids as defined by Senate Bill 1383 regulations), receiving liquid organic wastes, and producing renewable natural gas and biochar.

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CITY COUNCIL AGENDA ITEM NO. F.1
10/22/2024
The purpose of the Project is to construct, operate, and maintain solid waste organics diversion facilities, which will facilitate the City achieving California’s mandate of diverting 75 percent of organic waste from landfills by 2025. The specific objectives of the project are to (1) divert the City’s organic solid waste and biosolids away from landfill disposal, (2) beneficially reuse organic waste by producing biochar, and (3) produce biogas to serve as a renewable natural gas supply.

The Project components are listed below.

1. Expansion of the Solid Waste Transfer Station to accommodate new equipment to separate and prepare organic waste for a new anaerobic digester.

2. Installation of an anaerobic digester and associated infrastructure.

3. Installation of centrifuges, biosolids dryers, and pyrolysis units to process material from the anaerobic digester.

4. Installation of pipelines and an interconnector station to convey renewable natural gas generated by the anaerobic digester to a Pacific Gas & Electric (“PG&E”) main line.

5. Ancillary facilities related to above project components.

6. Realignment of a paved pedestrian path from Sunset Park to the Marsh Creek trail.

7. Tree removal to accommodate new facilities and pedestrian path realignment.

All Project components will occur within 12 acres, primarily within City-owned property and PG&E easements adjacent to the east boundary of the City’s Wastewater Treatment Plant (“WWTP”), within the Solid Waste Transfer Station footprint, along the public pedestrian path between Elkins Way and Sunset Road on the eastern side of the Sunset Park Athletic Complex, within the parking lot at the southeast corner of the Sunset Park Athletic Complex, and within approximately 900 linear feet of Sunset Road.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 2, Water, Wastewater, and Solid Waste Services, Goal 2.a; Combat climate change through organics management.

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. F.1
10/22/2024
On August 7, 2024, a Notice of Public Hearing and Intent to Adopt the Mitigated Negative Declaration was posted at the City’s Municipal Services Center and Contra Costa County Clerk-Recorder’s office, submitted to the State Clearinghouse, published it on the City’s website, and mailed to the City’s list of agencies and other interested parties regarding California Environmental Quality Act (“CEQA”) documents available for review and property owners within 300 feet of the project site. In addition, the City published the notice of public hearing in the Brentwood Press on August 9, 2024.

ENVIRONMENTAL DETERMINATION
The City prepared an Initial Study for this project in accordance the CEQA (Public Resources Code Sections 21000 et seq., and the State CEQA Guidelines found at Title 14 of the California Code of Regulations Sections 15000 et seq.) to determine if the Project could have significant impacts on the environment.

Based on the Initial Study, the Project would not have any significant effects on the environment once mitigation measures are implemented. This conclusion is supported by the following findings:

1. The Project would have no impact to Agriculture and Forestry Resources; Hazards and Hazardous Materials; Land Use and Planning; Mineral Resources; Population and Housing; Public Services; and Utilities and Service Systems.

2. The Project would have less-than-significant impacts to Aesthetics; Air Quality; Energy; Greenhouse Gas Emissions; Hydrology and Water Quality; Public Services; Recreation; Transportation; and Wildfire.

3. Impacts of the Project would be less than significant with incorporation of the mitigation measures to Biological Resources; Cultural Resources; Geology and Soils; Noise; and Tribal Cultural Resources.

The public review period for the Initial Study and proposed Mitigated Negative Declaration began on August 7, 2024, and ended at 5:00 p.m. on September 6, 2024.

Staff received comments on the proposed Mitigated Negative Declaration from the following parties:

1. Confederated Villages of the Lisjan Nation (“Lisjan Nation”)

2. Central Valley Regional Water Quality Control Board (“Central Valley Water Board”).

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CITY COUNCIL AGENDA ITEM NO. F.1
10/22/2024

3. Department of Resources Recycling and Recovery (“CalRecycle”).

As a result of the comment letter from the Lisjan Nation, Mitigation Measures CULT1 (Accidental Discovery of Archaeological Resources) and CULT-2 (Accidental Discovery of Human Remains) were revised to include additional requirements. CULT1 was revised to add in the preparation of a mitigation plan in the event of a significant find, in consultation with a Native American Tribe traditionally and culturally affiliated with the geographic area of the project site. CULT-2 was revised to include a requirement that no pictures shall be taken or testing done on Native American human remains. These revisions result in mitigation measures that are equivalent or more effective in mitigating or avoiding potential significant effects of the Project, and would not cause any new potentially significant effect on the environment. Therefore, pursuant to Section 15073.5 of the State CEQA Guidelines, recirculation of the Mitigated Negative Declaration is not required.

The comment letter from the Central Valley Water Board described the types of permits required for various projects that affect surface waters and groundwaters.

The Initial Study circulated for public review identified relevant Central Valley Water Board permits for the Project. No comments were provided regarding the analysis of environmental effects in the Initial Study or the proposed mitigation measures in the Mitigated Negative Declaration. Therefore, no change to the proposed Mitigated Negative Declaration was needed to address this comment letter.

The comment letter from CalRecycle clarified that the City’s Solid Waste Transfer Station operates under a Solid Waste Facility Permit issued in 2019 and that agency acts as an enforcement agency for the City of Brentwood. The comment letter also included several questions seeking clarification regarding Project activities that would occur at the Solid Waste Transfer Station versus those that would occur at the WWTP, and identified Project components that may be subject to CalRecycle solid waste permitting requirements depending on if they occur within the boundary of the transfer station or the WWTP. The future application to CalRecycle to amend the City’s Solid Waste Facility Permit to cover the Project will provide additional details regarding the Project to address these questions. No comments were provided regarding the analysis of environmental effects in the Initial Study or the proposed mitigation measures in the Mitigated Negative Declaration. Therefore, no change to the proposed Mitigated Negative Declaration was needed to address this comment letter.

ALTERNATIVE OPTION(S)

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CITY COUNCIL AGENDA ITEM NO. F.1
10/22/2024
The City Council could decide to not adopt this Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Solid Waste Organics Diversion Project.

This would either (1) require a new or supplemental environmental review to be undertaken in order to move forward with the Project, or (2) mean that the Project could not move forward without an approved environmental review. Compliance with CEQA is required in order for the Project to be completed.

ATTACHMENT(S)

1. Previous Action

2. Resolution

3. Initial Study

4. Mitigated Negative Declaration

5. Mitigation Monitoring and Reporting Program

6. Comment Letters

7. CIP Budget Sheet

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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 February 22, 2022, by Resolution No. 2022-23, the City Council adopted a Notification of Intent to Comply (NOIC) with SB 1383 regulations and authorized staff to submit the NOIC to CalRecycle for approval.

On February 22, 2022, by Resolution No. 2022-25, the City Council adopted the City of Brentwood Strategic Plan FY 2022/23 – 2023/24 and directed staff to incorporate strategic plan costs into the Operating and CIP Budgets, as well as in the City’s tenyear General Fund Fiscal Model, which includes the Organics Management strategic initiative.

On June 28, 2022, by Resolution No. 2022-85, the City Council adopted the FY 2022/23 – 2026/27 Capital Improvement Program, which includes the Solid Waste Organics Diversion Project, CIP Project No. 542-54021.

On November 08, 2022, by Resolution No. 2022-142, the City Council authorized the City Manager to execute a MOU between the City of Brentwood and Anaergia Services, LLC, to investigate the feasibility of a project to develop a high diversion organics operating facility that would be used to comply with the City’s obligations related to the organic waste disposal requirements associated with SB 1383.

On January 23, 2024, by Resolution No. 2024-08, the City Council authorized the City Manager or Designee to execute an agreement between the City and W.M. Lyles Co., to design and construct a high diversion organics operating facility.

On April 23, 2024, by Resolution No. 2024-43, the City Council approved the contract documents and authorized the City Manager or his designee to execute an agreement with Robertson-Bryan, Inc., for environmental compliance services for the Solid Waste Organics Diversion Project, CIP Project No. 542-54021.

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BRENTWOOD ADOPTING A MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING AND

REPORTING PROGRAM FOR THE SOLID WASTE ORGANICS
DIVERSION PROJECT, CIP PROJECT NO. 542-54021
WHEREAS, on February 22, 2022, by Resolution No. 2022-23, the City Council adopted a Notification of Intent to Comply (“NOIC”) with SB 1383 regulations and authorized staff to submit the NOIC to CalRecycle for approval; and WHEREAS, on February 22, 2022, by Resolution No. 2022-25, the City Council adopted the City of Brentwood Strategic Plan FY 2022/23 – 2023/24 and directed staff to incorporate strategic plan costs into the Operating and CIP Budgets, as well as in the City’s ten-year General Fund Fiscal Model, which includes the Organics Management strategic initiative; and
WHEREAS, on June 28, 2022, by Resolution No. 2022-85, the City Council adopted the FY 2022/23 – 2026/27 Capital Improvement Program, which includes the Solid Waste Organics Diversion Project, CIP Project No. 542-54021 (“Project”); and
WHEREAS, on April 23, 2024, by Resolution No. 2024-43, the City Council approved the contract documents and authorized the City Manager or his designee to execute an agreement with Robertson-Bryan, Inc., for environmental compliance services for the Project; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA,” codified at Public Resources Code Section 21000, et. seq.) and its implementing regulations (the “CEQA Guidelines,” found at 14 CCR Section 15000, et. seq.), the City is the lead agency for the Project; and
WHEREAS, the City reviewed the Project application 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 prepared for the Project and pursuant to Section 15170 of the CEQA Guidelines, 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, which is attached hereto as a component part of Exhibit ‘B’ and incorporated herein by this reference; and

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WHEREAS, pursuant to Section 15072 of the CEQA Guidelines, the City provided Notice of Intent to adopt a MND for the Project, and pursuant to Public Resources Code Section 20191(b) and Section 15073 of the CEQA Guidelines, the City circulated the proposed MND for public review from August 7, 2024, through September 6, 2024; and
WHEREAS, on August 7, 2024, a Notice of Public Hearing and Intent to Adopt a MND was posted at the City’s Municipal Services Center and Contra Costa County Clerk-Recorder’s office, submitted to the State Clearinghouse, and mailed to the City’s list of agencies and other interested parties regarding CEQA documents available for review and property owners within 300 feet of the Project site, and on August 9, 2024, the Notice of Public Hearing was published in the Brentwood Press; and
WHEREAS, mitigation measures in the proposed MND were revised based on comments received during the public review period, and the revisions result in mitigation measures that are equivalent or more effective in mitigating or avoiding potential significant effects of the Project, and would not cause any new potentially significant effect on the environment; and
WHEREAS, the City Council has considered the information provided to it by those testifying; has reviewed and considered the information provided in the Staff Report; has read and considered the report and supporting data; and has considered comments received.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby find that:

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

2. The MND and MMRP have been prepared and completed in accordance with the requirements of CEQA and the CEQA Guidelines.

3. The City Council has reviewed and considered the MND 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.

4. The Initial Study, MND, and MMRP reflect the independent judgment and analysis of the City, and identified all potentially significant adverse environmental impacts and feasible mitigation measures or standard conditions of approval that would reduce these impacts to a less-thansignificant level.

5. All mitigation measures identified in the final, revised MND are adopted and will be implemented as part of the Project.

6. There is no substantial evidence that the Project as mitigated in the MND will have a significant impact on the environment.

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7. The monitoring and reporting of CEQA mitigation measures in connection with the Project will be conducted in accordance with the MMRP incorporated into the Project. Adoption of the MMRP will constitute fulfillment of the CEQA monitoring and/or reporting.

8. The City’s custodian of record of proceedings for the Project is the Director of Public Works and the record of proceedings is maintained in the City’s files at 150 City Park Way, Brentwood, California.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22th day of October 2024 by the following vote:

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EXHIBIT ‘A’

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INITIAL STUDY

FOR THE

CITY OF BRENTWOOD

SOLID WASTE ORGANICS DIVERSION PROJECT
Prepared for:

Prepared by:

In association with:

August 2024

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INITIAL STUDY

FOR THE

CITY OF BRENTWOOD

SOLID WASTE ORGANICS DIVERSION PROJECT
Prepared for:

CITY OF BRENTWOOD
2201 Elkins Way
Brentwood, CA 94513
(925) 516-6000
Prepared by:

ROBERTSON-BRYAN, INC.
3100 Zinfandel Drive, Suite 300
Rancho Cordova, CA 95670
(916) 714-1801
In association with:

ASCENT ENVIRONMENTAL, INC.
455 Capitol Mall #300
Sacramento, CA 95814
(916) 444-7301
and

NATURAL INVESTIGATIONS COMPANY
3104 O Street #221
Sacramento, CA 95816
(916) 765-9381
August 2024

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TABLE OF CONTENTS

SECTION PAGE
Solid Waste Organics Diversion Project Robertson-Bryan, Inc.

City of Brentwood i Initial Study
1 INTRODUCTION.................................................................................................................................................1

1.1 REGULATORY GUIDANCE AND PURPOSE OF THIS DOCUMENT..........................................................1

1.2 PUBLIC REVIEW OF THE DOCUMENT .............................................................................................1

1.3 SUMMARY OF FINDINGS...............................................................................................................1

1.4 OTHER APPROVALS ....................................................................................................................2 2 PROJECT DESCRIPTION..................................................................................................................................3

2.1 PROJECT LOCATION....................................................................................................................3

2.2 BACKGROUND ............................................................................................................................3

2.3 PROJECT PURPOSE AND OBJECTIVES...........................................................................................3

2.4 EXISTING FACILITIES AND OPERATIONS.........................................................................................5

2.4.1 Solid Waste Transfer Station and Solid Waste Handling........................................................5

2.4.2 WWTP and Biosolids Handling...............................................................................................6

2.5 PROJECT COMPONENTS ..............................................................................................................7

2.5.1 Waste Receiving Facilities......................................................................................................7

2.5.2 Anaerobic Digester Facilities ..................................................................................................9

2.5.3 Biosolids Drying and Pyrolysis System.................................................................................10

2.5.4 Natural Gas Pipelines and Interconnector station.................................................................11

2.5.5 Ancillary Facilities .................................................................................................................11

2.5.6 Pedestrian Path Realignment ...............................................................................................12

2.5.7 Tree Removal .......................................................................................................................13

2.6 PROJECT CONSTRUCTION ......................................................................................................... 13

2.6.1 Schedule...............................................................................................................................13

2.6.2 Equipment, Workforce, and Work Hours ..............................................................................13

2.6.3 Safety and Best Management Practices...............................................................................15

2.7 PROJECT OPERATIONS AND MAINTENANCE................................................................................. 17

2.7.1 Workforce .............................................................................................................................18

2.7.2 Truck Traffic..........................................................................................................................18

2.7.3 Maintenance .........................................................................................................................18 3 ENVIRONMENTAL CHECKLIST......................................................................................................................20

3.1 AESTHETICS ............................................................................................................................. 21

3.1.1 Setting...................................................................................................................................21

3.1.2 Discussion ............................................................................................................................22

3.2 AGRICULTURE AND FOREST RESOURCES.................................................................................... 24

3.2.1 Setting...................................................................................................................................24

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TABLE OF CONTENTS

SECTION PAGE
Solid Waste Organics Diversion Project Robertson-Bryan, Inc.

City of Brentwood ii Initial Study

3.2.2 Discussion ............................................................................................................................24

3.3 AIR QUALITY............................................................................................................................. 26

3.3.1 Setting...................................................................................................................................26

3.3.2 Discussion ............................................................................................................................32

3.4 BIOLOGICAL RESOURCES .......................................................................................................... 41

3.4.1 Setting...................................................................................................................................41

3.4.2 Discussion ............................................................................................................................44

3.5 CULTURAL RESOURCES............................................................................................................. 52

3.5.1 Setting...................................................................................................................................52

3.5.2 Discussion ............................................................................................................................53

3.6 ENERGY................................................................................................................................... 56

3.6.1 Setting...................................................................................................................................56

3.6.2 Discussion ............................................................................................................................56

3.7 GEOLOGY AND SOILS ................................................................................................................ 58

3.7.1 Setting...................................................................................................................................58

3.7.2 Discussion ............................................................................................................................59

3.8 GREENHOUSE GAS EMISSIONS .................................................................................................. 61

3.8.1 Setting...................................................................................................................................61

3.8.2 Discussion ............................................................................................................................63

3.9 HAZARDS AND HAZARDOUS MATERIALS ...................................................................................... 65

3.9.1 Setting...................................................................................................................................65

3.9.2 Discussion ............................................................................................................................65

3.10 HYDROLOGY AND WATER QUALITY............................................................................................. 68

3.10.1 Setting...................................................................................................................................68

3.10.2 Discussion ............................................................................................................................70

3.11 LAND USE AND PLANNING.......................................................................................................... 73

3.11.1 Setting...................................................................................................................................73

3.11.2 Discussion ............................................................................................................................73

3.12 MINERAL RESOURCES............................................................................................................... 74

3.12.1 Setting...................................................................................................................................74

3.12.2 Discussion ............................................................................................................................74

3.13 NOISE...................................................................................................................................... 75

3.13.1 Setting...................................................................................................................................75

3.13.2 Discussion ............................................................................................................................83

3.14 POPULATION AND HOUSING ....................................................................................................... 89

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TABLE OF CONTENTS

SECTION PAGE
Solid Waste Organics Diversion Project Robertson-Bryan, Inc.

City of Brentwood iii Initial Study

3.14.1 Setting...................................................................................................................................89

3.14.2 Discussion ............................................................................................................................89

3.15 PUBLIC SERVICES ..................................................................................................................... 90

3.15.1 Setting...................................................................................................................................90

3.15.2 Discussion ............................................................................................................................90

3.16 RECREATION ............................................................................................................................ 92

3.16.1 Setting...................................................................................................................................92

3.16.2 Discussion ............................................................................................................................92

3.17 TRANSPORTATION..................................................................................................................... 93

3.17.1 Setting...................................................................................................................................93

3.17.2 Discussion ............................................................................................................................96

3.18 TRIBAL CULTURAL RESOURCES ............................................................................................... 101

3.18.1 Setting.................................................................................................................................101

3.18.2 Discussion ..........................................................................................................................102

3.19 UTILITIES AND SERVICE SYSTEMS ............................................................................................ 104

3.19.1 Setting.................................................................................................................................104

3.19.2 Discussion ..........................................................................................................................104

3.20 WILDFIRE ............................................................................................................................... 107

3.20.1 Setting.................................................................................................................................107

3.20.2 Discussion ..........................................................................................................................107

3.21 MANDATORY FINDINGS OF SIGNIFICANCE.................................................................................. 109

3.21.1 Discussion ..........................................................................................................................109 4 LIST OF PREPARERS ...................................................................................................................................112 5 REFERENCES................................................................................................................................................113

5.1 WRITTEN REFERENCES ........................................................................................................... 113

5.2 PERSONAL COMMUNICATIONS.................................................................................................. 116

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Solid Waste Organics Diversion Project Robertson-Bryan, Inc.

City of Brentwood iv Initial Study

LIST OF TABLES
Table 1. Construction activity and associated typical construction equipment............................................. 14 Table 2. Operational truck and workforce traffic. ......................................................................................... 18 Table 3. National and California ambient air quality standards.................................................................... 27 Table 4. Construction-related emissions of criteria air pollutants................................................................. 34 Table 5. Operations-related emissions of criteria air pollutants. .................................................................. 35 Table 6. Construction health risk results...................................................................................................... 37 Table 7. Operational health risk results. ...................................................................................................... 38 Table 8. Cumulative health risk summary.................................................................................................... 39 Table 9. Summary of energy consumption and generation from project construction and operations......... 57 Table 10. Change in greenhouse gas emissions for project operations compared to existing conditions (MTCO2e/year).................................................................................................................................... 64 Table 11. Existing ambient short-term noise measurements summary. ...................................................... 77 Table 12. Existing ambient long-term noise measurements summary......................................................... 77 Table 13. Ground vibration impact criteria for human response. ................................................................. 79 Table 14. Construction damage vibration criteria......................................................................................... 79 Table 15. Stationary (non-transportation) noise source standards in the City of Brentwood General Plan.. 82 Table 16. Typical noise levels from construction equipment........................................................................ 84

LIST OF FIGURES
Figure 1. Project vicinity map.........................................................................................................................4 Figure 2. Project site plan..............................................................................................................................8 Figure 3. Project operations process flow diagram........................................................................................9 Figure 4. Habitat types in the project area................................................................................................... 43 Figure 5. Special-status plant and wildlife records in the project area. ........................................................ 45 Figure 6. Noise measurement locations. ..................................................................................................... 78

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Solid Waste Organics Diversion Project Robertson-Bryan, Inc.

City of Brentwood v Initial Study

APPENDICES
Appendix A Air Quality/Greenhouse Gas Emissions Assumptions and Calculations Appendix B Biological Resources Data
Appendix C Noise Data and Calculations

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Solid Waste Organics Diversion Project Robertson-Bryan, Inc.

City of Brentwood vi Initial Study

ACRONYMS AND ABBREVIATIONS
AB Assembly Bill
ADWF average dry weather flow
BAAQMD Bay Area Air Quality Management District
BDPS biosolids drying and pyrolysis system
BMPs best management practices
CAAQS California Ambient Air Quality Standards
CalEEMod California Emissions Estimator Model
CARB California Air Resources Board
CA MUTCD California Manual on Uniform Traffic Control Devices CCCFCWCD Contra Costa County Flood Control and Water Conservation District CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CHRIS California Historical Resources Information System City City of Brentwood
CNDDB California Natural Diversity Database
dB decibel
dBA A-weighted decibel
DBH diameter at breast height
ECCCHCP East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan
EPA U.S. Environmental Protection Agency
FTA Federal Transit Administration
GHG greenhouse gas
HRA health risk assessment
lb/day pounds per day
MGD million gallons per day
MTCO2e metric tons of carbon dioxide equivalent
NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission
NOx oxides of nitrogen
NPDES National Pollution Discharge Elimination System
PG&E Pacific Gas & Electric
PM particulate matter
PM2.5 particulate matter 2.5 microns in diameter
PM10 particulate matter 10 microns in diameter or smaller PPV peak particle velocity
PRC Public Resources Code

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Solid Waste Organics Diversion Project Robertson-Bryan, Inc.

City of Brentwood vii Initial Study
ROG reactive organic gases
SB Senate Bill
SWPPP Storm Water Pollution Prevention Plan
SWRCB State Water Resources Control Board
TAC toxic air contaminant
USFWS U.S. Fish and Wildlife Service
VMT vehicle miles traveled
WWTP Wastewater Treatment Plant

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City of Brentwood 1 Initial Study
1 INTRODUCTION

1.1 REGULATORY GUIDANCE AND PURPOSE OF THIS DOCUMENT
This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code (PRC) Section 21000 et seq., and the State CEQA Guidelines, Title 14 California Code of Regulations (CCR) 15000 et seq. This Initial Study was prepared to determine if the Solid Waste Organics Diversion Project (project) proposed by the City of Brentwood (City) could have significant impacts on the environment. If the lead agency for the CEQA process determines that there is no substantial evidence for such impacts, or if the potential impacts can be reduced through revisions to the project or mitigation measures, a Negative Declaration or Mitigated Negative Declaration can be prepared (CEQA Guidelines 15070). The City, as the CEQA lead agency for the project, has determined that an Initial Study and Mitigated Negative Declaration are the appropriate documents for compliance with CEQA and the CEQA Guidelines.

1.2 PUBLIC REVIEW OF THE DOCUMENT
In accordance with Section 15073 of the CEQA Guidelines, this document will be circulated to local, state, and federal agencies and to interested organizations and individuals who may wish to review and comment on it. In reviewing this Initial Study, affected public agencies and the interested public should focus on whether the document sufficiently identifies and analyzes the possible impacts on the environment.

Following the close of the public review period, the City Council will review and evaluate the evidence contained in the Initial Study, associated proposed Mitigated Negative Declaration, and public comments received on these documents. At a scheduled and noticed public meeting, the City Council will consider approval of the project and adoption of the Mitigated Negative Declaration.

1.3 SUMMARY OF FINDINGS
Section 3 of this document contains the analysis and discussion of potential environmental impacts resulting from the project. Based on the analysis presented in Section 3, the project would have no impact on the following environmental factors. • Agriculture and Forestry Resources
• Hazards and Hazardous Materials
• Land Use and Planning
• Mineral Resources
• Population and Housing
• Utilities and Service Systems
Impacts of the project were determined to be less than significant for the following environmental factors.
• Aesthetics

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• Air Quality
• Energy
• Greenhouse Gas Emissions
• Hydrology and Water Quality
• Public Services
• Recreation
• Transportation
• Wildfire
Impacts of the project on the following environmental factors would be less than significant with incorporation of the mitigation measures described in Section 3. • Biological Resources
• Cultural Resources
• Geology and Soils
• Noise
• Tribal Cultural Resources
As required by CEQA, a Mitigation Monitoring and Reporting Program will be prepared and adopted at the time of project approval by City Council. It will include those mitigation measures that would reduce potentially significant environmental impacts to less-than-significant levels.

1.4 OTHER APPROVALS
The City of Brentwood is the CEQA lead agency for the project. The City Council will be responsible for adopting the Mitigated Negative Declaration and approving the project.

Additionally, the following responsible agencies may have jurisdiction over elements of the project.
• Central Valley Regional Water Quality Control Board: Coverage under the General Permit for Storm Water Discharges Associated with Construction Activities (Construction General Permit; Order No. 2022-0057-DWQ), for disturbance of more than one acre.
• California Integrated Waste Management Board: Solid waste facility permit modification.
• Bay Area Air Quality Management District: Clean Air Act General Conformity rule and authority to construct (for devices that emit air pollutants), permit to operate, and Air Quality Management Plan consistency determination.
• East Contra Costa Habitat Conservancy: Permit coverage under the East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan. • City of Brentwood Engineering: Building structure permits; grading and drainage permit; paving permit; stormwater pollution prevention plan review; and electrical and plumbing permits.
• Contra Costa Fire Protection District: Fire suppression systems approval.

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2 PROJECT DESCRIPTION
The City proposes to construct, operate, and maintain the Solid Waste Organics Diversion Project, consisting of organic waste recovery facilities capable of beneficially reusing organic waste (including the organic fraction of solid waste and wastewater biosolids as defined by Senate Bill [SB] 1383 regulations), receiving liquid organic wastes, and producing renewable natural gas and biochar (project). The following sections describe the project location, background, purpose and objectives, existing facilities, project components, construction methods, and operations and maintenance.

2.1 PROJECT LOCATION
The project would be located at the City of Brentwood Wastewater Treatment Plant (WWTP) at 2251 Elkins Way, the City’s Solid Waste Transfer Station at 2301 Elkins Way, and on Cityowned land adjacent to and east of the WWTP, in Contra Costa County, California. A vicinity map is provided in Figure 1.

2.2 BACKGROUND
The State of California enacted SB 1383, a state-mandated effort to reduce organic waste in California landfills by 75 percent and to increase excess edible food recovery 20 percent by 2025. SB 1383 targets greenhouse gas (GHG) emissions associated with the breakdown of organics in landfills. The goal of SB 1383 is to reduce emissions of short-lived climate pollutants, which include methane, black carbon, tropospheric ozone, and hydrofluorocarbons, by reducing the amount of food, yard waste, and biosolids in landfills.

In response to SB 1383, the City proposes to construct, operate, and maintain a new Solid Waste Organics Diversion Project to beneficially reuse organic waste and produce renewable natural gas. The project would use the organic fraction of municipal solid waste, yard waste, and WWTP biosolids as feedstocks for producing renewable energy while reducing the disposal of these wastes in landfills. In addition, the City is proposing to accept and treat external, pre-processed organic high strength waste1. Doing so would offer numerous economic benefits to the City, including increased revenue via tip fees and increased renewable natural gas production.

2.3 PROJECT PURPOSE AND OBJECTIVES
The purpose of the project is to construct, operate, and maintain solid waste organics diversion facilities, which will facilitate the City achieving California’s mandate of diverting 75 percent of organic waste from landfills by 2025. The specific objectives of the project are listed below. 1 The City is proposing to accept “anaerobically digestible material,” defined in Title 14, CCR, section 17896.6(a)(1) as “inedible kitchen grease as defined in section 19216 of the Food and Agricultural Code, food material as defined in Title 14, CCR, section 17896.2(a)(12) and vegetative food material as defined in Title 14, CCR, section 17896.2(a)(12)(A), or as approved by the Department of Resources Recycling and Recovery. Herein, this material is referred to as “high strength waste.”

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Figure 1. Project vicinity map.

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1. Divert the City’s organic solid waste and biosolids away from landfill disposal.

2. Beneficially reuse organic waste by producing biochar.

3. Produce biogas to serve as a renewable natural gas supply.

2.4 EXISTING FACILITIES AND OPERATIONS
The following sections describe the existing sources of waste and waste handling operations at the City’s Solid Waste Transfer Station and the current WWTP biosolids treatment and disposal practices that would be affected by the project.

2.4.1 Solid Waste Transfer Station and Solid Waste Handling The Solid Waste Transfer Station includes a fully enclosed transfer building, a tipping pad, a materials storage area, and a container storage area. Access to the transfer station is via a road located on the eastern boundary of the WWTP.

The City operates the transfer station under Solid Waste Facility Permit No. 07-AA-0068 issued by the Contra Costa Environmental Health Division on February 14, 2014, and concurred by the California Integrated Waste Management Board. The permit establishes operating hours, allowable types and quantity of waste that may be received, and waste removal timeframe requirements. The transfer station also operates under a Permit to Operate issued by the Bay Area Air Quality Management District.

The City collects municipal solid waste, mixed recyclable materials, and yard waste on a weekly basis. All waste streams are delivered to the transfer station. The municipal solid waste and yard waste are transferred to Keller Canyon Landfill in Pittsburg, California, where the municipal solid waste is landfilled and yard waste is used as alternate daily cover. The recyclable materials are stockpiled and loaded into transfer trailers for further processing elsewhere.

The transfer station is permitted to receive 400 tons per day and currently receives an average of 200 tons per day. All materials arriving at the transfer station are generated within the city limits and are collected by the City’s Solid Waste Division. An exception to this is mixed material brought to the transfer station by city residents on “Public Clean-Up Days” held up to 10 times per year on weekends.

The transfer station permitted hours of operation are Monday through Friday from 4:00 a.m. to 7:00 p.m., and Saturday and Sunday from 7:00am to 6:00pm. Currently, the transfer station opens at 4:00 a.m. Monday through Friday for collection trucks to leave the site. Some waste arrives soon after 4:00 a.m., but most arrives at the facility around 8:00 a.m. and again around 1:00 p.m. Vehicular traffic is minimal the rest of the afternoon. The transfer station generally closes at 3:30 p.m. when all daily waste handling activities have been completed. These operating hours are for internal operations only. The transfer station is not open to the public.

Potential nuisances and environmental hazards at the transfer station are eliminated or minimized by thoroughly cleaning the facility on a regular basis, promptly transferring wastes to a landfill, and implementing litter controls. In addition, the City implements the following practices.

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1. Dust is controlled by operating vehicles at low speeds on paved surfaces only. In addition, the City regularly cleans the tipping pad and access roads with a street sweeper.

Most transfer operations occur inside the transfer building, which is equipped with water misters to control dust and exhaust fans.

2. Vector, bird, and animal nuisances are controlled by routine cleaning and promptly loading and removing solid waste from the site. In the event a significant vector problem were to develop, a professional pest control company would be utilized to abate the problem.

3. Odors are controlled by promptly transferring wastes and regularly cleaning the tipping pad and collection vehicles, and by conducting transfers primarily within the transfer building.

4. All operation areas are graded to prevent ponding of water and to provide positive drainage. All stormwater and surface drainage from non-waste handling areas is directed across sloped areas to a basin equipped with a shut-off valve. The catch basin drains into a City-owned detention basin adjacent to Elkins Way and no storm water leaves City property. The drainage system has been designed to accommodate a 100-year storm event. Contact water, which occurs from washdowns of the waste receiving and unloading areas and from saturated loads of waste, drains directly to an oil-water separator before discharge to the City’s WWTP.

5. Traffic is controlled by separating unloading collection vehicles from loading transfer vehicles; by maintaining clear, limited routes through the facility; by maintaining counterclockwise traffic flow without crossovers; and by using clear signage and pavement striping.

6. Worker health and safety is addressed by training personnel in accordance with the City of Brentwood’s Injury and Illness Prevention Plan. Typical trainings address site safety policies; personal health and safety; worker right-to-know; hazardous waste recognition; facility operations; and emergency response procedures.

2.4.2 WWTP and Biosolids Handling
The City owns and operates a WWTP at the project site. The City is in the process of constructing the Phase II WWTP expansion project, which will expand the treatment capacity from 5 million gallons per day (MGD) average dry weather flow (ADWF) to 6.4 MGD ADWF to accommodate future increased wastewater inflows associated with development and population growth identified in the City’s General Plan. The WWTP is permitted for surface discharge of effluent to Marsh Creek by the Central Valley Water Board under National Pollutant Discharge Elimination System (NPDES) Permit No. CA0082660, Order No. R5-2024- 0020 adopted in May 2024. The City also implements a recycled water program that irrigates parks and public spaces with recycled water from the WWTP, and operates a fill station at the WWTP that allows City utility customers to bring containers to fill with recycled water for appropriate use.

A byproduct of the WWTP treatment process is biosolids. Biosolids treatment consists of mixing the biosolids with a polymer and dewatering via two belt filter presses. Biosolids are then hauled

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offsite for disposal at the Altamont Landfill in Livermore, California for use as alternate daily cover.

2.5 PROJECT COMPONENTS
The project components are listed below and described further in the following sections.

1. Expansion of the Solid Waste Transfer Station to accommodate new equipment to separate and prepare organic waste for a new anaerobic digester.

2. Installation of an anaerobic digester and associated infrastructure.

3. Installation of centrifuges, biosolids dryers, and pyrolysis units to process material from the anaerobic digester.

4. Installation of pipelines and an interconnector station to convey renewable natural gas generated by the anaerobic digester to a Pacific Gas & Electric (PG&E) main line.

5. Ancillary facilities related to above project components.

6. Realignment of a paved pedestrian path from Sunset Park to the Marsh Creek trail.

7. Tree removal to accommodate new facilities and pedestrian path realignment.

Figure 2 provides a site plan showing locations of the primary project components.

2.5.1 Waste Receiving Facilities
The Solid Waste Transfer Station would be expanded to provide space for new equipment required to extract the organic waste to be processed by the anaerobic digester. The existing transfer station building is approximately 20,800 square feet. A new pre-engineered metal building, approximately 20,000 square feet in size, would be added west of and adjacent to the existing building, at the current location of the yard waste pad.

The municipal solid waste coming into the transfer station would be sorted and processed using the newly installed equipment to create multiple products to increase recycling volume for the City and produce an organic waste slurry for the anaerobic digester. Select recyclables would be isolated and hauled away for further processing at a separate, offsite facility, consistent with current operations. The new equipment to be installed within the new building is listed below. • Pre-shredder bag opener to prepare material for sorting. • Primary electro-drum magnet to remove large mixed metals. • Disc screen to further sort material.
• Secondary drum magnet to remove small ferrous metals. • Optical sorter to sort material into three streams: (1) mixed marketable recyclable plastics and fiber; (2) select wood waste, organic textiles, compostable fiber, and green waste; and (3) remaining materials.
• Organic extrusion press to extract putrescible (i.e., decayable) organics for the anaerobic digester.

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• Organics polishing system to remove floatable plastic and fiber and fast settling grit prior to storage in the buffer tanks that feed the anaerobic digester.

Figure 2. Project site plan.

Equipment also would be added to the site to receive and process high strength liquid waste for the organics digester, as follows.
• High strength waste liquid reception skid located adjacent to the anaerobic digester. • High strength waste transfer pumps located adjacent to the anaerobic digester.

In addition, equipment would be added to the site to receive and thicken the waste activated sludge from the WWTP secondary clarifiers for co-digestion with anaerobically digestible

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material, all of which would be transferred as digestate to the biosolids drying and pyrolysis system and filtrate to the WWTP headworks.

Finally, a new yard waste pad would be constructed. This yard waste pad would be a concrete pad with an area of approximately 10,000 square feet, located just south of the existing transfer station fence line (Figure 2). Some yard waste may be processed onsite by the anaerobic digester and the remainder would be sent to an offsite facility for composting.

2.5.2 Anaerobic Digester Facilities
The City would construct an approximately 2-million-gallon anaerobic digester to process WWTP biosolids, organic material from municipal solid waste, some yard waste, and high strength waste. The anaerobic digester would be constructed on City-owned land adjacent to and east of the transfer station and WWTP (Figure 2). Outputs from the anaerobic digester include digested biosolids that would be converted to biochar (described in Section 2.5.3) and biogas that would be treated and prepared for distribution to a PG&E main line (described in Section 2.5.4).

A process flow diagram is provided in Figure 3.

Figure 3. Project operations process flow diagram.

Additional components of the anaerobic digester facilities are listed below. • Three buffer tanks would maintain consistent feeding for the anaerobic digester and counteract any changes in feedstock availability.
• Hot water boiler would provide anaerobic digester heating.

Digested
Biosolids
Organics
Extrusion Press
Processing Line
Municipal
Solid
Waste,
Yard Waste
Anaerobic
Digestion Biogas
Treatment
Carbon-negative
Renewable Natural Gas
Emergency Flare
High Strength
Waste
Buffer Tank
Dewatering
To WWTP Headworks
Filtrate
Biosolids Drying &
Pyrolysis
Biochar
Diagram received from Anaergia in 2024. Adapted by Robertson-Bryan, Inc.

WWTP Biosolids

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• Activated carbon-based control system would be sized to provide non-detectable odor levels at the project fence line.
• Flare system would burn off biogas produced by the anaerobic digester during maintenance or system outages. The flare system would meet best available control technology pollution control standards and be sized appropriately to accommodate the throughput in the digester.
• External biogas storage dome would provide at least 30 minutes of average storage to allow the biogas system to manage grid injection and minimize flaring. • Gas holders to store gas would provide additional flexibility in the event of equipment maintenance to minimize flaring.

The anaerobic digester would produce biogas 24 hours a day, 7 days a week. The biogas would be conditioned with desulfurization scrubbers, then pressurized with centrifugal blowers to meet the grid injection pressure. Activated carbon vessels would be used to remove any trace contaminates including any remaining hydrogen sulfide, volatile organic carbon compounds, siloxanes, and reduced sulfur compounds. Contaminants would be removed through adsorption to activated carbon media. The final step would be pressurization and membrane separation of the carbon dioxide (CO2) and methane (CH4) in the biogas to meet the PG&E pipeline specifications for renewable natural gas, per specification in PG&E Gas Rule 29.

2.5.3 Biosolids Drying and Pyrolysis System
The biosolids dryer and pyrolysis system (BDPS) would process digested biosolids (digestate) from the anaerobic digester into biochar. The BDPS would be constructed on City-owned land adjacent to and east of the transfer station and WWTP (Figure 2). The BDPS would consist of the following elements.
• 3 centrifuges
• 20 biosolids dryers
• 5 pyrolysis units
The centrifuges would dewater the digestate from the anaerobic digester to 25 percent solids.

The biosolids dryers would convert the dewatered digestate to dry pellets that would be at least 90 percent solids by weight. The dry pellets would feed into the pyrolysis units. The pyrolysis system would convert approximately half of the volatile organic material in the dry pellets to biochar. Biochar can be sold for various uses, including as a soil fertilizer.

Exhaust air from the biosolids dryers would be sent through an air filtration system consisting of sulfuric acid wet scrubbers and a biofilter. The exhaust air from the pyrolysis systems would be sent to a sodium hydroxide scrubber with a granular activated carbon filter.

Basic operation of the BDPS would result in biochar being produced and packaged in bags. The biochar may be applied by the City on public parks and medians or hauled offsite by the BDPS vendor for sale. The BDPS could be operated to use only the biosolids dryers, which would result in Class A biosolids being produced that would be hauled to a landfill for use as daily

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cover. If the BDPS is out of service for an extended period, then the existing belt filter press system would be used and those biosolids would be hauled to a landfill for use as daily cover, as they are now.

Note: The City previously approved construction and operation of 1 centrifuge, 8 biosolids dryers, and 2 pyrolysis units as part of the City’s WWTP Phase II Expansion Project (City of Brentwood 2023a). With the project proposed herein, operation of these units is a changed condition relative to the WWTP Phase II Expansion Project. Specifically, the BDPS would receive digested biosolids from an anaerobic digester, which would digest diverted organic waste and high strength waste in addition to WWTP biosolids. The Supplemental Initial Study for the WWTP Phase II Expansion Project prepared to assess effects of operating the BDPS does not address the facilities receiving digested biosolids from an anaerobic digester because the digester was not part of that project. Furthermore, the location for the additional centrifuges, biosolids dryers, and pyrolysis units under the project overlaps with the location proposed for the WWTP Phase II Expansion Project resulting in overlapping construction areas. Therefore, for this Initial Study, all 3 centrifuges, 20 biosolids dryers, and 5 pyrolysis units are considered part of the project and are analyzed in their entirety in this document.

2.5.4 Natural Gas Pipelines and Interconnector station
Renewable natural gas produced from the anaerobic digester biogas would be piped to a new PG&E interconnector station. The interconnector station is the point where the project and PG&E facilities meet and the custody of renewable natural gas is exchanged. The interconnector station would be mounted on a 50-feet long and 100-feet wide pad and installed at what is currently a parking lot located off Sunset Road adjacent to the Sunset Park Athletic Complex (Figure 2). The interconnector station would include assets and equipment necessary to analyze, measure, odorize, and stop the flow of gas. This project component would be constructed by PG&E.

One 4-inch diameter gas pipeline would be installed between the WWTP and the PG&E interconnector station, east of the Sunset Park Athletic Complex and west of the pedestrian path connecting Sunset Road and Elkins Way on City-owned property. Upon completion of pipeline installation, the disturbed area would be planted with native grass seed within the current natural area. Disturbed areas adjacent to Sunset Park would be replanted consistent with the park landscape (e.g., turf, shrubs). This project component would be constructed by a City contractor.

A second pipeline, no larger than 8 inches in diameter, would be installed to connect the interconnector station to an existing PG&E main line within the roadbed of Sunset Road. This project component would be constructed by PG&E.

The pipeline alignments and interconnector station location are shown in Figure 2.

2.5.5 Ancillary Facilities
The following ancillary facilities would be installed to facilitate project operations. These facilities would be located within the footprint of the WWTP or the adjacent property where the anaerobic digester and BDPS would be located.

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• An ammonia removal system would be used as a side stream treatment to remove ammonia from the dewatering operation and recover ammonium sulfate that can be used as a fertilizer product. The system would include a buffer tank, ammonia stripper, ammonia scrubber, recirculation blowers, pumps, and a heat exchanger. The outlet of this system would go to odor control. This system would also include sulfuric acid storage (may be common with odor control for biosolids dryers) and an ammonium sulfate storage tank.
• A pump station would be constructed to return flows from the various project components to the WWTP headworks. This pump station would receive all the filtrate, centrate, condensate, and other process drains from the solids thickening, anaerobic digestion, renewable natural gas, dewatering, ammonia removal, biodrying, and pyrolysis systems, which would be piped to the headworks for treatment. • A blower at the WWTP to account for the additional ammonia and biochemical oxygen demand loading from the anaerobic digester.
• A diesel-powered generator, assumed to be 2.5-megawatt capacity, would provide backup power during outages.
• New paved roadways within the site to access facilities. • Perimeter fencing around the new Solid Waste Transfer Station and WWTP facilities. • Electrical services for the facilities.
• Stormwater detention basin and pump station to hold and convey stormwater from the anaerobic digester-BPDS area to the existing detention basin adjacent to Elkins Way. • Security lighting on new buildings and in parking areas.

2.5.6 Pedestrian Path Realignment
A paved pedestrian path to the east of the Solid Waste Transfer Station and WWTP connects the Marsh Creek trail, located north of the facilities, and the Sunset Park Athletic Complex, located south of the WWTP. This path would be realigned to the east of its existing location to accommodate the new facilities, as shown in Figure 2.

The pedestrian path area between Elkins Way and Marsh Creek Trail would be inaccessible to the public while the realigned path is constructed, which would last approximately eight weeks.

During this time, signage would be provided in the Sunset Park Athletic Complex vicinity directing path users to alternative routes to the Marsh Creek Trail and at Marsh Creek Trail directing users to alternative routes to access the park.

The abandoned segments of the path would be demolished and reused at the project site as grindings. The disturbed area would be planted with native grass seed.

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2.5.7 Tree Removal
Construction of the project would include removal of up to 25 trees, including valley oak, California live oak, California peppertree, olive, black poplar, Fremont cottonwood, carob, Chinese pistachio, plum, black walnut, cherry, fan palm, and birch.

Ten of the trees are in the area adjacent to and east of the WWTP where the anaerobic digester, biosolids dryers, and pyrolysis systems would be constructed. These ten trees include five valley oak trees (Quercus lobata) that range in diameter at breast height (DBH) from 3–16 inches, two California live oak trees (Quercus agrifolia) that range from 6–16 inches DBH, and three California peppertrees (Schinus molle) that range from 18–24 inches DBH. Any existing trees that are not in direct conflict with new facilities would be retained.

The other fifteen trees are located along the eastern extent of the project area where construction of the realigned pedestrian path would occur. When the new path is constructed, every effort would be made to route the new path around the existing trees and keep as many as possible. Of the fifteen trees that could be removed, four are native species, including one black walnut and three in the Populus genus, and twelve are non-native species including an assortment of common orchard, agricultural and landscaping varieties. Ten trees have a DBH less than 6 inches, with six of those trees having a DBH less than 2 inches. The remaining five trees have a DBH ranging from 7–16 inches.

2.6 PROJECT CONSTRUCTION
The construction methods and activity occurring over the course of the project, including number of construction personnel, vehicle round trips per day, and the onsite equipment operations required to construct the facilities would vary. Construction activities would include site preparation (e.g., excavation, grading, and clearing), installation of underground features (e.g., trenching/backfilling), concrete work for foundations/structures, equipment installation, paving and landscaping, and miscellaneous activities and cleanup. The sections below identify the City’s assumptions and construction details relevant for conducting the review and assessment of environmental effects of project construction and operations.

2.6.1 Schedule
The project schedule anticipates construction beginning in December 2024 and requiring approximately 30 months to complete.

2.6.2 Equipment, Workforce, and Work Hours
The following sections describe the equipment needed to construct the new facilities at the Solid Waste Transfer Station and WWTP, and install the renewable natural gas facilities, and the anticipated peak work force needed.

2.6.2.1 Solid Waste Transfer Station, WWTP Facilities, and Pedestrian Path Table 1 lists the types of equipment that may be used on an as-needed basis to construct the new facilities at the Solid Waste Transfer Station and the WWTP, and realign the pedestrian path. An

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anticipated peak day of construction activity for the project would likely occur on a day when equipment-intensive activity, such as concrete placement, occurs. Such a day would involve use of 3 to 4 pieces of equipment and 10 to 15 delivery trips of concrete over an 8-hour day. The anticipated peak daily construction workforce for the project is approximately 30 workers and the average number of workers for the duration of construction would be approximately 15 workers.

Table 1. Construction activity and associated typical construction equipment.

Site Prep
(excavation, grading, clearing)
• Excavator
• Loader
• Dozer
• Compactor
• Water Truck
• Fuel Truck
Trenching
• Excavator
• Compactor
• Water Truck
• Loader
Concrete Work
• Concrete Truck
• Concrete Pump Truck
• Forklift
• Crane
• Loader
Equipment Installation
• Crane
• Forklift
• Welder
• Compressor
• Generator
Paving/Landscape
• Dump Truck
• Roller
• Paving Equipment
• Concrete Truck
• 10-wheeler AC truck
• Mini-Excavator
Cleanup/Decommissioning
• Loader
• Mini-Excavator
• Dump Truck
• Forklift
Construction would be performed between 7:00 a.m. and 4:00 p.m., Monday through Friday.

Construction work may periodically occur on Saturdays to maintain project schedule and would be limited to between 9:00 a.m. and 4:00 p.m. in accordance with the City’s Engineering Procedures Manual (City of Brentwood 2023b).

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A temporary fence around the construction site would be installed to prevent public access to the project site during construction.

2.6.2.2 Renewable Natural Gas Pipelines and Interconnector Station Construction of the renewable natural gas pipelines would be completed using open trench methodology. The interconnector station would involve concrete work and placement of the skid-mounted station components. A staging area would be located adjacent to the work area, as shown in Figure 2, for placement of PG&E construction equipment and supplies. A temporary fence would be installed to prevent public access to the construction area while the pipeline between the WWTP and Sunset Road and interconnector station are being installed. The total duration of work to install the interconnector station and pipelines to the tie-in point in Sunset Road is estimated to be 30 days.

In accordance with the City’s Engineering Procedures Manual (City of Brentwood 2023b), work within 300 feet of an occupied residence would limited to occurring between 8:00 a.m. and 4:30 p.m. In accordance with the City’s Traffic Control Plan Submittal Criteria (City of Brentwood n.d.), work in Sunset Road when lane closure is required would be limited to occurring between 9:00 a.m. and 3:00 p.m.

2.6.3 Safety and Best Management Practices
The following safety measures and best management practices (BMPs) are elements of the project that the City would implement to reduce or avoid adverse environmental effects of the project. These practices incorporate compliance with regulatory requirements as well as sensitive design elements and construction BMPs.

2.6.3.1 Erosion Control and Stormwater Pollution Prevention:

Because the project would disturb more than one acre, the City, or its construction contractor, would file the Notice of Intent and Permit Registration Documents for authorization of project construction activities under the State Water Resources Control Board’s (SWRCB) NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit; Order No. 2022-0057-DWQ/NPDES Permit No. CAS000002). The stormwater pollution prevention plan (SWPPP) to be prepared for the project would describe the BMPs that the City and its contractors shall use to avoid and minimize potential adverse construction-related water quality effects. Construction designs and drawings, and contracts for construction activities shall refer to and accommodate the requirements of the Construction General Permit and elements of the SWPPP. The SWPPP would be required in the contract specifications. Water quality, erosion, and sediment control measures would be implemented in accordance with the SWPPP. The SWPPP also would identify responsibilities of construction contractors for implementation and inspection of BMPs, and training elements for the personnel responsible for installation and maintenance of the BMPs. The SWPPP may include, as relevant, but not be limited to, the following general categories of BMPs that have proven successful at reducing adverse water quality effects. • Waste Management and Spill Prevention and Response: Waste management BMPs are designed to minimize exposure of waste materials at all construction sites and staging

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areas such as waste collection and disposal practices, containment and protection of wastes from wind and rain, and equipment cleaning measures. Spill prevention and response BMPs involve planning, equipment, and training for personnel for emergency event response.
• Erosion and Sedimentation Control: Erosion control BMPs are designed to prevent erosion processes or events including scheduling work to avoid rain events, stabilizing exposed soils; minimize offsite sediment runoff; remove sediment from onsite runoff before it leaves the site; and slow runoff rates across construction sites. Identification of appropriate temporary and long-term seeding, mulching, and other erosion control measures as necessary. Sedimentation BMPs are designed to minimize offsite sediment runoff once erosion has occurred involving drainage controls, perimeter controls, detention/sedimentation basins, or other containment features. • Good Housekeeping and Non-Storm Water Discharge Management: Good housekeeping BMPs are designed to reduce exposure of construction sites and materials storage to storm water runoff, including truck tire tracking control facilities; equipment washing; litter and construction debris; and designated refueling and equipment inspection/maintenance practices. Non-storm water discharge management BMPs involve runoff measures for contaminants not directly associated with rain or wind including vehicle washing and street cleaning operations.
• BMP Inspection and Monitoring: Identification of clear objectives for evaluating compliance with SWPPP provisions, and specific BMP inspection and monitoring procedures, environmental awareness training, contractor and agency roles and responsibilities, reporting procedures, and communication protocols.

The measures outlined herein are routinely implemented in the construction industry and have been developed for similar projects and been proven successful at reducing storm water and nonstorm water construction contaminant discharges.

2.6.3.2 Hazardous Materials Safety
Standard accident and hazardous materials recovery training and procedures are enforced by the state and followed by private state-licensed, certified, and bonded transportation companies and contractors. Furthermore, pursuant to 40 Code of Federal Regulations 112, a spill prevention, containment, and countermeasures plan or, for smaller quantities, a spill prevention and response plan, that identifies BMPs for spill and release, and disposal of any spills or releases, would be established. As required under state and federal law, plans for notification and evacuation of site workers and local residents in the event of a hazardous materials release would be in place throughout construction.

2.6.3.3 Dust Control
The construction contractor would implement the following measures for the duration of construction activities, consistent with the Bay Area Air Quality Management District’s 2022 CEQA Guidelines, which require these BMPs for a project to have less-than-significant criteria air pollutant impact related to construction-related fugitive dust emissions.

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• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) will be watered two times per day, or as needed to suppress dust. • All haul trucks transporting soil, sand, or other loose material off-site will be covered. • All visible mud or dirt trackout onto adjacent public roads will be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping would not be used.
• All vehicle speeds on unpaved roads will be limited to 15 mph. • All roadways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after grading unless seeding or soil binders are used.
• All excavation, grading, and/or demolition activities will be suspended when average wind speeds exceed 20 mph.
• All trucks and equipment, including their tires, will be washed off prior to leaving the site.
• Unpaved roads providing access to sites located 100 feet or further from a paved road will be treated with a 6- to 12-inch layer of compacted wood chips, mulch, or gravel. • Publicly visible signs will 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 local air district’s “general air pollution complaints” phone number will also be visible to ensure compliance with applicable regulations.

2.6.3.4 Traffic Control
Construction of the new facilities at the Solid Waste Transfer Station and WWTP is not anticipated to require temporary street closures or traffic detours. Deliveries of equipment and materials would be via Elkins Way, which is designed to accommodate heavy truck traffic.

Deliveries could occur in the early morning if necessary to minimize traffic conflicts and have sufficient clearance to navigate around corners. Pilot cars would accompany oversized loads.

Connection of the new natural gas pipeline to PG&E’s mainline in Sunset Road would require temporary reduction in lanes on Sunset Road. Traffic flow would be maintained in each direction by providing traffic control in accordance with the latest edition of the California Manual of Uniform Traffic Control Devices, Part 6: Temporary Traffic Control. Traffic control is expected to involve temporary lane closures and use of flaggers. Lane closure on Sunset Road is expected to last 30 working days, with work occurring Monday through Friday between 9:00 a.m. and 3:00 p.m., in accordance with the City’s Traffic Control Plan Submittal Criteria (City of Brentwood n.d.).

2.7 PROJECT OPERATIONS AND MAINTENANCE
Project operations and maintenance would require additional WWTP and Solid Waste Transfer Facility staff and alter the truck and vehicle traffic, as further described below.

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2.7.1 Workforce
Currently, the WWTP is operated by 18 full-time employees and the Solid Waste Transfer Station is operated by 21 full-time employees. WWTP staff generally arrive at 6:00 a.m. and depart at 4:00 p.m. Solid Waste Transfer Facility staff generally arrive at 4:00 a.m. and leave at 3:30 p.m. (refer to described in Section 2.4.1 for additional information regarding hours of operation at the transfer station). The City anticipates an additional 3–5 full-time equivalent employees would be employed to operate and maintain the project facilities. The daily volume of workforce trips to the Solid Waste Transfer Station and WWTP under existing conditions and with the project is provided in Table 2.

2.7.2 Truck Traffic
Access to the Solid Waste Transfer Station and WWTP would continue to be via Elkins Way and the existing access road on the eastern boundary of the existing WWTP site. The daily volume of trucks to and from the Solid Waste Transfer Station and WWTP under existing conditions and with the project as presented in Table 2. These truck trips would occur Monday through Friday during normal operating hours.

Table 2. Operational truck and workforce traffic.

Truck Type Existing Conditions Project
Trips for Operations and Maintenance Workforce
Workforce—one way (per day) 21 24–26
Hauling Trips to Solid Waste Transfer Station / WWTP
Trucks Bringing Municipal Waste (per day) 85 85
Trucks Bringing Yard Waste (per day) 12 12
Trucks Bringing Recyclables (per day) 16.5 16.5
Trucks Bringing High Strength Waste (per day) 0 5–10
Trucks Bringing Chemicals for Odor Control Systems (per month) 0 3 Hauling Trips from Solid Waste Transfer Station / WWTP to Offsite Locations Transfer Trucks Hauling Municipal Waste to Landfill (per day) 5 4 Transfer Trucks Hauling Recyclables (per day) 2.5 3
Transfer Trucks Hauling Yard Waste for Composting (per day) 1.5 1 Trucks Hauling Biosolids to Landfill (per day) 1.5 0
Trucks Hauling Biochar (per week) 0 1
Trucks Hauling Ammonia Sulfate Fertilizer (per week) 0 2–3

2.7.3 Maintenance
Maintenance activities would be undertaken periodically and as needed, including unscheduled emergency maintenance, to ensure optimal operation of the new facilities. These activities would generally comprise the following. City workforce would be conducting the maintenance.

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• Bi-monthly preventative activities for all major equipment, including lubrication of equipment, inspection, and cleaning.
• Regular testing and adjustment of all major equipment for operational efficiency, safety and permit and regulatory compliance, such as air quality requirements. • Regular biogas testing and as needed replacement of gas-conditioning media in compliance with air quality requirements.

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3 ENVIRONMENTAL CHECKLIST

PROJECT INFORMATION

1. Project Title: Solid Waste Organics Diversion Project

2. Lead Agency Name and Address: City of Brentwood
2201 Elkins Way, Brentwood, CA, 94513

3. Contact Person and Phone
Number:

Casey Wichert, Director of Public Works
(925) 516-6000

4. Project Location: City of Brentwood, Contra Costa County

5. Project Sponsor’s Name and
Address:

Not applicable

6. General Plan Designation: PF-Public Facility, P-Park

7. Zoning: PF-Public Facility, P-Park

8. Description of Project: See Section 2, Project Description

9. Surrounding Land Uses and
Setting:

See Section 2, Project Description

10. Other public agencies whose
approval is required:

See Section 1.4, Other Approvals

11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
The City sent formal notification letters by mail and electronic format, pursuant to PRC Section 21080.3.1, on May 1, 2024, to the City’s Native American Heritage Commission (NAHC) Tribal Consultation list. The letters included a project description, project map, and name, telephone, and email information for the City’s point of contact. See Section

3.18, “Tribal Cultural Resources,” for additional information.

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3.1 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 nonurbanized 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?

3.1.1 Setting
Land uses surrounding the project site include agricultural operations to the east and north, light industrial and commercial uses to the west, and Sunset Park to the south, which includes baseball and soccer playing fields. A pedestrian path runs east of the project site connecting Sunset Park to Marsh Creek Trail. Marsh Creek Trail is to the north of the project site.

The Conservation and Open Space element of the City’s General Plan (City of Brentwood 2014) addresses the protection of visual resources in Goal COS 7, which states, “Protect hillsides and ridgelines from visual impacts and erosion.” General Plan Policy COS 7-3 requires the City “preserve and protect prominent community views of scenic resources, including Mount Diablo, local hills and ridgelines, and open space areas surrounding Brentwood, and consider community visual access and view corridors when reviewing development proposals.” The only state highway in the vicinity of the project is State Route 4. State Route 4 from State Route 160 near Antioch to mile-marker 40.5 near Brentwood has been identified by the California Department of Transportation as being eligible for scenic highway designation (California Department of Transportation 2019). An eligible state highway becomes officially designated through a process in which the local governing body applies for scenic highway approval, adopts a Corridor Protection Program, and receives notification that the highway has been officially designated a State Scenic Highway. The project site is located approximately three miles east of State Route 4.

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3.1.2 Discussion
a) Have a substantial adverse effect on a scenic vista? A scenic vista is typically defined as a panoramic view or vista from an identified viewpoint, public road, public trails, public recreational areas, or scenic highways. The project site is in an area of minimal topographic relief and surrounding viewpoints are obscured by buildings, other structures, and trees. New project facilities would be visible from the realigned pedestrian path between Elkins Ways and Marsh Creek, but would not be visible from a scenic vista as there is no scenic vista in the project vicinity. Furthermore, the project would not adversely affect community views of scenic resources, Mount Diablo, local hills, or the ridgelines from public spaces because the views from the public spaces affected by the project (i.e., pedestrian path from Elkins Way to Marsh Creek Trail) are of adjacent buildings, other structures, trees and agricultural land. Therefore, the project would have a less-than-significant impact 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? There are no designated scenic highways in the project area. The nearest scenic highway is State Route 4 and the project site is not visible from the highway. The project is located at the eastern edge of the urbanized area of Brentwood, with agricultural land to the north and east. There is limited visibility of the project area from nearby Elkins Way. The project would remove trees along the eastern boundary of the project site for construction of the realigned pedestrian path, however, the visual character of the views to the east would still consist primarily of agricultural lands, as occurs under existing conditions. Therefore, the project would have a less-thansignificant impact on scenic resources. 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 points.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
The project components at the Solid Waste Transfer Station and WWTP would be of similar character and height to other structures at the site. Furthermore, the project components would not substantially change or block any views from public spaces. From the approximately 0.4- mile realigned pedestrian path, views to the west would change from that of grassland adjacent to the path and the WWTP in the background to views of the new WWTP facilities. Views from the path to the east would still consist primarily of agricultural lands, similar to existing conditions, though trees along the fence line would be removed. Once users reached Marsh Creek Trail, views would be similar to existing conditions. The General Plan designation for the project site is “PF-Public Facility” (City of Brentwood 2014), therefore the proposed uses are compatible with the current zoning designation.

Placement of the PG&E interconnector station at the southeast corner of Sunset Park would change the visual character of that site from that of a parking lot. The General Plan designation

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for the Sunset Park parking lot is “P-Park” (City of Brentwood 2014). However, the visual character would not be degraded given that the existing site is a paved surface with vehicles occasionally parked, not an area with landscaping or recreational space.

Based on the discussion above, the project would have a less-than-significant impact on the existing visual character and quality of the site and its surroundings and would not 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?
The project facilities would use site lighting similar to the lighting used at the Solid Waste Transfer Station and WWTP buildings and parking areas. Lighting would be designed in accordance with City design standards to minimize glare, including shielding to ensure that light does not spill onto adjacent properties. The project would not appreciably change existing glare or lighting conditions because the visibility of the site from residential areas and public spaces and roadways is limited. Therefore, the project would have a less-than-significant impact on day or nighttime views in the area.

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3.2 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 nonagricultural 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?

3.2.1 Setting
The Solid Waste Transfer Station and WWTP is characterized as disturbed areas with structures, turf, and paved surfaces. The land adjacent to the transfer station and WWTP to be used for project facilities is designated in the General Plan as “PF-Public Facility” (City of Brentwood 2014). None of the project site is designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency (California Department of Conservation 2024a).

3.2.2 Discussion
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? No aspect of construction or operations of the project would convert Farmland to nonagricultural use because none exists on the project site. Therefore, the project would have no impact on Farmland.

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b) Conflict with existing zoning for agricultural use or a Williamson Act contract? The project site is not zoned or used for agricultural purposes, nor do any Williamson Act contracts apply to the project site. Therefore, the project would have no impact on 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))?
The project site is not zoned for forestland, timberland, or Timberland Production. There is no timberland present on or adjacent to the project site. Therefore, the project would have no impact on forest land.
d) Result in the loss of forest land or conversion of forest land to non-forest use? No forest land exists at the project site. Therefore, the project would have no impact on forest land.
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?
As previously described, no agricultural, forestland, or timberland resources exist on the project site. Therefore, the project would have no impact on Farmland, agricultural land, or forest land.

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3.3 AIR QUALITY
Would the project: Potentially
Significant
Impact
Less-ThanSignificant
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?

3.3.1 Setting
The project site is in the eastern portion of Contra Costa County, which is within the San Francisco Bay Area Air Basin and the jurisdiction of the Bay Area Air Quality Management District (BAAQMD). Ozone and particulate matter (i.e., respirable [PM10] and fine [PM2.5]) are the primary pollutants of concern within the county. Contra Costa County is designated by California as “nonattainment” for ozone, PM10, and PM2.5, and either as “attainment” or “unclassified” for other pollutants relative to California Ambient Air Quality Standards (CAAQS) (California Air Resources Board 2022). Relative to National Ambient Air Quality Standards (NAAQS), the county is categorized as “nonattainment” for the 8-hour ozone standard and unclassified for the PM10 and PM2.5 standards (U.S. Environmental Protection Agency 2024).

Regulatory Framework
Federal Plans, Regulations, and Laws
The U.S. Environmental Protection Agency (EPA) has been charged with implementing national air quality programs. EPA’s air quality mandates draw primarily from the Clean Air Act, which was enacted in 1970. The most recent major amendments were made by Congress in 1990.

EPA’s air quality efforts address both criteria air pollutants and hazardous air pollutants.

Individual air pollutants at certain concentrations may adversely affect human or animal health, reduce visibility, damage property, and reduce the productivity or vigor of crops and natural vegetation. Six air pollutants have been identified by the EPA and the California Air Resources Board (CARB) as being of concern on both the nationwide and statewide levels: ozone, carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), lead, PM10, and PM2.5.

The Clean Air Act required EPA to establish National Ambient Air Quality Standards (NAAQS), and the California Clean Air Act adopted in 1988 required CARB to establish the California

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Ambient Air Quality Standards (CAAQS). The most recent NAAQS and the CAAQS are summarized in Table 3. The primary standards protect public health and the secondary standards protect public welfare.

Table 3. National and California ambient air quality standards.

Pollutant Averaging Time CAAQS a,b NAAQS c
Primary b,d
NAAQS c
Secondary b,e
Ozone
1-hour 0.09 ppm
(180 μg/m3) –e
Same as primary
standard
8-hour 0.070 ppm
(137 μg/m3)

0.070 ppm
(147 μg/m3)
Carbon monoxide (CO)
1-hour 20 ppm
(23 mg/m3)
35 ppm
(40 mg/m3) Same as primary
standard
8-hour 9 ppm f
(10 mg/m3)
9 ppm
(10 mg/m3)
Nitrogen dioxide (NO2)
Annual arithmetic mean 0.030 ppm
(57 μg/m3)
53 ppb
(100 μg/m3)
Same as primary
standard
1-hour 0.18 ppm
(339 μg/m3)
100 ppb
(188 μg/m3) —
Sulfur dioxide (SO2)
3-hour — — 0.5 ppm (1,300 μg/m3)
1-hour 0.25 ppm
(655 μg/m3)
75 ppb
(196 μg/m3) —
Respirable particulate
matter (PM10)
Annual arithmetic mean 20 μg/m3 — Same as primary
standard 24-hour 50 μg/m3 150 μg/m3
Fine particulate matter
(PM2.5)
Annual arithmetic mean 12 μg/m3 12.0 μg/m3 15.0 μg/m3
24-hou — 35 μg/m3 Same as primary
standard
Lead f
Calendar quarter — 1.5 μg/m3 Same as primary
standard
30-Day average 1.5 μg/m3 — —
Rolling 3-Month Average – 0.15 μg/m3 Same as primary
standard
Hydrogen sulfide 1-hour 0.03 ppm
(42 μg/m3)
No national standards
Sulfates 24-hour 25 μg/m3
Vinyl chloride f 24-hour 0.01 ppm
(26 μg/m3)
Visibility-reducing
particulate matter
8-hour Extinction of

0.23 per km
CAAQS=California ambient air quality standard; NAAQS=national ambient air quality standard; µg/m3=micrograms per cubic meter; km=kilometers; ppb=parts per billion; ppm=parts per million. a. California standards for ozone, carbon monoxide, sulfur dioxide (1- and 24-hour), nitrogen dioxide, particulate matter, and visibilityreducing particles are values that are not to be exceeded. All others are not to be equaled or exceeded. California ambient air quality standards are listed in the Table of Standards in Section 70200 of Title 17 of the California Code of Regulations. b. Concentration expressed first in units in which it was promulgated. Equivalent units given in parentheses are based on a reference temperature of 25 degrees Celsius (°C) and a reference pressure of 760 torr. Most measurements of air quality are to be corrected to a

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Pollutant Averaging Time CAAQS a,b NAAQS c
Primary b,d
NAAQS c
Secondary b,e
reference temperature of 25°C and a reference pressure of 760 torr; ppm in this table refers to ppm by volume, or micromoles of pollutant per mole of gas. c. National standards (other than ozone, particulate matter, and those based on annual averages or annual arithmetic means) are not to be exceeded more than once a year. The ozone standard is attained when the fourth highest 8-hour concentration in a year, averaged over three years, is equal to or less than the standard. The PM10 24-hour standard is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 μg/m3 is equal to or less than one. The PM2.5 24-hour standard is attained when 98 percent of the daily concentrations, averaged over three years, are equal to or less than the standard. Contact the U.S. Environmental Protection Agency for further clarification and current federal policies. d. National primary standards: The levels of air quality necessary, with an adequate margin of safety to protect the public health. e. National secondary standards: The levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant. f. The California Air Resources Board has identified lead and vinyl chloride as toxic air contaminants with no threshold of exposure for adverse health effects determined. These actions allow for the implementation of control measures at levels below the ambient concentrations specified for these pollutants.

Source: California Air Resources Board 2016.

State Regulations
CARB is the agency responsible for coordination and oversight of state and local air pollution control programs and for implementing the California Clean Air Act to achieve the CAAQS in Table 3.

Criteria Air Pollutants
CARB has established CAAQS for sulfates, hydrogen sulfide, vinyl chloride, visibility-reducing particulate matter, and the above-mentioned federally regulated criteria air pollutants. In most cases the CAAQS are more stringent than the NAAQS. Differences in the standards are generally explained by the health effects studies considered during the standard-setting process and the interpretation of the studies. In addition, the CAAQS incorporate a margin of safety to protect sensitive individuals.

The California Clean Air Act requires that all local air districts endeavor to attain and maintain the CAAQS by the earliest date practical. The California Clean Air Act specifies that local air districts should focus particular attention on reducing the emissions from transportation and areawide emission sources. The California Clean Air Act also provides air districts with the authority to regulate indirect sources, such as vehicle movement and residential, commercial, and industrial development.

Toxic Air Contaminants
Toxic air contaminants (TAC) in California are regulated primarily through the Tanner Air Toxics Act (Assembly Bill [AB] 1807, Chapter 1047, Statutes of 1983) and the Air Toxics Hot Spots Information and Assessment Act of 1987 (AB 2588, Chapter 1252, Statutes of 1987).

AB 1807 sets forth a formal procedure for CARB to designate substances as TACs. Research, public participation, and scientific peer review are required before CARB can designate a substance as a TAC. To date, CARB has identified more than 21 TACs and adopted EPA’s list of hazardous air pollutants as TACs. Most recently in 1998, particulate matter exhaust from

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diesel engines (diesel particulate matter [PM]) was added to CARB’s list of TACs. After a TAC is identified, CARB adopts an airborne toxics control measure for sources that emit that TAC. If a safe threshold exists for a substance at which there is no toxic effect, the control measure must reduce exposure below that threshold. If no safe threshold exists, the measure must incorporate best available control technology for toxics to minimize emissions.

CARB has adopted diesel exhaust control measures and more stringent emissions standards for various transportation-related mobile sources of emissions, including off-road diesel equipment (e.g., tractors, generators). Over time, the replacement of older vehicles will result in a vehicle fleet that produces substantially lower levels of TACs than under current conditions. Mobilesource emissions of TACs (e.g., benzene, 1-3-butadiene, diesel PM) have been reduced significantly over the last decade and will be reduced further in California through a progression of regulatory measures (e.g., low emission vehicle/clean fuels and Phase II reformulated gasoline regulations) and control technologies. With the implementation of CARB’s Risk Reduction Plan and other regulatory programs, it is estimated that emissions of diesel PM will be less than half of those in 2010 by 2035 (California Air Resources Board 2024a). Adopted regulations are also expected to continue to reduce formaldehyde emissions emitted by cars and light-duty trucks. As emissions are reduced, it is expected that risks associated with exposure to the emissions will also be reduced.

Local Regulations
Bay Area Air Quality Management District
The BAAQMD maintains and manages air quality conditions in the San Francisco Bay Area Air Basin, including Contra Costa County, through a comprehensive program of planning, regulation, enforcement, technical innovation, and promotion of the understanding of air quality issues. The clean air strategy of BAAQMD includes the preparation of plans and programs for the attainment of the NAAQS and CAAQS, adoption and enforcement of rules and regulations, and issuance of permits for stationary sources. BAAQMD also inspects stationary sources, responds to citizen complaints, monitors ambient air quality and meteorological conditions, and implements other programs and regulations required by the Clean Air Act and California Clean Air Act.

The California Clean Air Act requires that all local air districts in the state endeavor to achieve and maintain the CAAQS in their region by the earliest practical date. The California Clean Air Act specifies that local air districts should focus attention on reducing the emissions from transportation and area-wide emission sources and provides districts with the authority to regulate indirect sources. To achieve the CAAQS, BAAQMD prepares and updates air quality plans on a regular basis. The air quality plans published by BAAQMD and other local air districts in the state are incorporated into California’s State Implementation Plan Strategy and meet Clean Air Act requirements.

BAAQMD also sets thresholds of significance for the purpose of evaluating air quality impacts under CEQA. BAAQMD’s air quality thresholds of significance are tied to achieving or maintaining attainment designations with the NAAQS and CAAQS. BAAQMD’s project level thresholds, which are scientifically substantiated, are numerical concentrations of criteria air

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pollutants considered to be protective of human health. Projects that do not exceed thresholds would not contribute to the nonattainment of the CAAQS and subsequently the NAAQS or result in increases in health-related impacts associated with increases in criteria air pollutants or ozone precursors. The most recently adopted thresholds of significance are contained in the 2022 California Environmental Quality Act Air Quality Guidelines (2022 CEQA Guidelines; Bay Area Air Quality Management District 2022).

The most recently adopted air quality plan for the San Francisco Bay Area Air Basin is the 2017 Clean Air Plan, Spare the Air, Cool the Climate (2017 Clean Air Plan). To fulfill state ozone planning requirements, the 2017 control strategy includes all feasible measures to reduce emissions of ozone precursors (reactive organic gases [ROG] and oxides of nitrogen [NOx]) and reduce the transport of ozone and its precursors to neighboring air basins. In addition, the 2017 Clean Air Plan builds upon and enhances BAAQMD’s efforts to reduce emissions of fine particulate matter (i.e., PM2.5) and TACs. The 2017 Clean Air Plan does not include control measures that apply directly to individual development projects. Instead, the control strategy includes measures related to stationary sources, transportation, energy, buildings, agriculture, natural and working lands, waste management, water, and super-greenhouse gas pollutants (Bay Area Air Quality Management District 2017).

The 2017 Plan focuses on two paramount goals (Bay Area Air Quality Management District 2017).

1. Protect air quality and health at the regional and local scale by attaining all state and national air quality standards and eliminating disparities among Bay Area communities in cancer health risk from TACs.

2. Protect the climate by reducing Bay Area GHG emissions to 40 percent below 1990 levels by 2030, and 80 percent below 1990 levels by 2050.

In addition to the 2022 CEQA Guidelines and adopted Clean Air Plan, the BAAQMD also has the following rules and regulations that would apply to the project. • Regulation 2, Rule 1 General Permit Requirements. This rule includes criteria for issuance or denial of permits, exemptions, and appeals against decisions of the Air Pollution Control Officer and BAAQMD actions on applications. • Regulation 2, Rule 2 New Source Review. Applies to new or modified sources and contains requirements for Best Available Control Technology and Prevention of Significant Deterioration.
• Regulation 2, Rule 5 New Source Review of Toxic Air Contaminants. Applies preconstruction permit review to new and modified sources of Toxic Air Contaminants; contains project health risk limits and requirements for Toxic Best Available Control Technology.
• Regulation 7 Odorous Substances. Places general limitations on odorous substances and specific emission limitations on certain odorous compounds. BAAQMD staff investigate and track all odor complaints it receives, make attempts to visit the site and identify the source of the objectionable odor, and assist the owner or facility in finding a way to reduce the odor.

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• Regulation 8, Rule 8 Wastewater Collection and Separation Systems. Limits the emissions of organic compounds from wastewater collection and separation systems that handle liquid organic compounds from industrial processes. • Regulation 9, Rule 7 Nitrogen Oxides and Carbon Monoxide from Industrial, Institutional, and Commercial Boilers, Steam Generators, And Process Heaters. Limits the emissions of nitrogen oxides and carbon monoxide from industrial, institutional and commercial boilers, steam generators, and process heaters. • Regulation 10 Standards of Performance for New Stationary Sources. Establishes emissions and/or performance standards for new plants and other sources. • Regulation 11 Hazardous Pollutants. Sets emission and performance standards for hazardous pollutants.

City of Brentwood General Plan
The Conservation and Open Space Chapter of the City of Brentwood General Plan includes the following air quality policies relevant to the project (City of Brentwood 2014). • Policy COS 8-2: Minimize exposure of sensitive receptors to concentrations of air pollutant emissions and toxic air contaminants.
• Policy COS 8-5: Continue to require all construction projects and ground disturbing activities to implement BAAQMD dust control and abatement measures.

Thresholds of Significance
BAAQMD adopted thresholds of significance to assist lead agencies in the evaluation and mitigation of air quality impacts under CEQA (Bay Area Air Quality Management District 2022). The BAAQMD’s 2022 CEQA Guidelines establish the levels at which emissions of ozone precursors (ROG and NOx), particulate matter, local carbon monoxide, and TACs would cause significant air quality and health impacts. Project impacts herein are evaluated based on both the State CEQA Guidelines Appendix G environmental checklist questions and BAAQMD thresholds of significance. Appendix G of the State CEQA Guidelines includes the following criteria for assessing an air quality impact.
a) Would the project conflict with or obstruct implementation of the applicable air quality plan?
b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non-attainment under an applicable federal or state ambient air quality standard?
c) Would the project expose sensitive receptors to substantial pollutant concentrations? d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Based on the State CEQA Guidelines Appendix G questions and adopted BAAQMD thresholds of significance, the project would result in a significant air quality impact if it would:

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• cause average daily construction-related criteria air pollutant or precursor emissions to exceed 54 pounds per day (lb/day) for ROG and NOx, 82 lb/day for PM10 exhaust, and 54 lb/day for PM2.5 exhaust, or substantially contribute to emission concentrations (e.g., PM10, PM2.5) that exceed applicable NAAQS or CAAQS;
• cause average daily operational criteria air pollutant or precursor emissions to exceed 54 lb/day or 10 tons per year for ROG and NOx, 82 lb/day or 15 tons per year for PM10 exhaust, and 54 lb/day or 10 tons per year for PM2.5 exhaust, or substantially contribute to emission concentrations (e.g., PM10, PM2.5) that exceed the applicable NAAQS or CAAQS;
• not implement BAAQMD’s Basic Construction Mitigation Measures for dust emissions (e.g., PM10 and PM2.5);
• result in long-term operations-related local mobile-source carbon monoxide emissions that would violate or contribute substantially to concentrations that exceed the 1-hour CAAQS of 20 parts per million (ppm) or the 8-hour CAAQS of 9 ppm; • cause project-level TAC emissions that result in a cancer risk greater than 10.0 in one million, a non-cancer hazard index greater than 1.0 for chronic or acute health risks, or PM2.5 concentrations that exceed 0.3 µg/m3 (annual average), unless in compliance with a qualified community risk reduction plan;
• result in a cumulative cancer risk greater than 100 in one million at any off-site receptor, a non-cancer hazard index greater than 10.0, or PM2.5 concentrations greater than

0.8 µg/m3 (annual average), unless in compliance with a qualified community risk reduction plan; or
• result in other emissions (such as those leading to odors) adversely affecting a substantial number of people (i.e., five confirmed complaints per year averaged over 3 years).

3.3.2 Discussion
a) Conflict with or obstruct implementation of the applicable air quality plan? The Clean Air Act requires air districts to create a Clean Air Plan that describes how the jurisdiction will meet air quality standards. These plans must be updated periodically. The most recently adopted air quality plan for the San Francisco Bay Area Air Basin is the 2017 Clean Air Plan. To fulfill state ozone planning requirements, the 2017 control strategy includes all feasible measures to reduce emissions of ozone precursors (ROG and NOx) and reduce the transport of ozone and its precursors to neighboring air basins. In addition, the 2017 Clean Air Plan builds upon and enhances BAAQMD’s efforts to reduce emissions of PM2.5 and TACs. The 2017 Clean Air Plan does not include control measures that apply directly to individual development projects. Instead, the control strategy includes measures related to stationary sources, transportation, energy, buildings, agriculture, natural and working lands, waste management, water, and super-greenhouse gas pollutants (Bay Area Air Quality Management District 2017).

A project that would not support the 2017 Clean Air Plan’s goals would not be considered consistent with the plan. On an individual project basis, consistency with BAAQMD’s quantitative thresholds is interpreted as demonstrating support for the 2017 Clean Air Plan’s

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goals. As discussed under “b” below, the project would not result in exceedances of BAAQMD’s thresholds of significance for criteria air pollutants, thus would not conflict with the 2017 Clean Air Plan’s goal to attain air quality standards. Furthermore, the project would not result in new land use development. Because the project would not result in land use development or population growth, which can lead to increases in vehicular traffic and associated emissions, and construction and operations emissions would not exceed BAAQMD-adopted mass emissions thresholds. Therefore, the project would have a less than significant impact on implementation of an applicable air quality plan.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Exhaust and fugitive dust emissions would result from the use of heavy-duty diesel equipment used onsite, heavy-duty truck deliveries, and worker commute trips for project construction.

Project operations would result in emissions of criteria air pollutants associated with the new solid waste handling equipment (i.e., anaerobic digester, BDPS), chemical deliveries, solid waste hauling, and hauling of process byproduct (i.e., biochar, ammonia sulfate fertilizer). Construction and operations are evaluated separately below.

Construction-Related Criteria Air Pollutants and Ozone Precursors To estimate construction emissions, anticipated daily use rates, equipment horsepower, and daily anticipated mileage (worker commute, vender deliveries) were used as modeling inputs. Activity use data was applied to calculate exhaust emissions from off-road equipment using emissions factors from the California Emissions Estimator Model (CalEEMod) Appendix G for each pollutant (e.g., ROG, NOx, PM). Mobile source emissions were derived using emissions factors from CARB’s Emissions Estimator Model 2021 outputs for the project area (i.e., San Francisco Bay Area). Total emissions were then divided by the number of anticipated workdays in each year of construction, to obtain average daily emissions for comparison to BAAQMD’s average daily mass emissions thresholds. BAAQMD’s basic dust control measures were incorporated into the emissions modeling, as these would be adhered to during all construction activities, consistent with General Plan Policy COS 8-5 (see Section 2.6.3.3). A detailed summary of model inputs, emissions factors, and emissions modeling is provided in Appendix A. Table 4 presents the modeled emissions that would result from construction activities of the project.

Operations-Related Criteria Air Pollutants and Ozone Precursors Operation of the project would result in new onsite stationary emissions sources and onsite and offsite mobile sources. Onsite sources would include off-gassing emissions of volatile organic compounds from buffer tanks and biofilters, and combustion-related emissions from boiler use, activated carbon tail gas, pyrolysis, an emergency backup diesel generator (to be used during power outages) and flares (during temporary equipment failures/repairs).

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Table 4. Construction-related emissions of criteria air pollutants.

Emission Source Average Daily Emissions (pounds per day) ROG NOx PM10 (exhaust) PM2.5 (exhaust)
Year 1 (2024)
Heavy-Duty Equipment 1.05 13.11 0.51 0.46
Mobile Sources
(worker commute, haul trucks) 0.45 2.09 0.20 0.19
Total a 1.50 15.20 0.71 0.65
Year 2 (2025)
Heavy-Duty Equipment 2.79 35.33 1.45 1.31
Mobile Sources (worker commute) 0.45 2.09 0.20 0.19
Total a 3.24 37.41 1.64 1.49
Year 3 (2026)
Heavy-Duty Equipment 1.37 18.58 0.73 0.66
Mobile Sources (worker commute) 0.45 2.09 0.20 0.19
Total a 1.82 20.67 0.92 0.85
Year 4 (2027)
Heavy-Duty Equipment 0.15 2.44 0.07 0.05
Mobile Sources (worker commute) 0.45 2.09 0.20 0.19
Total a 0.60 4.52 0.27 0.24
BAAQMD Threshold of Significance 54 54 82 54
Exceeds BAAQMD Threshold? No No No No
NOx=oxides of nitrogen; ROG=reactive organic gases; PM10=particulate matter 10 micrometers or less in diameter; PM2.5 = fine particulate matter.
a Totals may not sum due to rounding.

Source: Modeled by Ascent 2024. See Appendix A for details.

Operation of the project also would require additional employees, and existing biosolids hauling would be replaced with other hauling activities. Based on the anticipated increase in additional employees (i.e., up to five new), increases in high strength waste deliveries (i.e., up to 20 per day), elimination of existing biosolids deliveries to landfills (i.e., 1.5 per day), and the increase in biochar and ammonia sulfate fertilizer trips (i.e., one, three, respectively), the project would result in a net increase of 13 trips per day (5 passenger vehicles, 8 truck trips).

Project-specific emissions were quantified for each proposed onsite stationary source using anticipated daily operations activity data (e.g., hours per year, hours per day) and equipmentspecific parameters (e.g., flowrate, tail gas pollutant composition) with a combination of vendorsupplied emissions data and emissions factors from published documents (e.g., EPA’s Compilation of Air Pollutant Emissions Factors from Stationary Sources [AP-42]). Emissions Estimator Model 2021 was used to derive emissions factors for employee work commute and heavy-duty diesel truck trips. For detailed emissions inputs and modeling assumptions, refer to

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Appendix A. A summary of the net change in operations-related emissions compared to existing conditions is summarized in Table 5.

Table 5. Operations-related emissions of criteria air pollutants.

Emission Source
ROG NOx PM10 (exhaust) PM2.5 (exhaust) b
Avg.

Daily TPY Avg. Daily TPY Avg. Daily TPY Avg. Daily TPY
Mobile <1 <1 6.9 <1 <1 <1 <1 <1
Stationary 38.1 7.0 23.0 4.2 4.6 <1 4.6 <1
Total a 38.4 7.0 29.9 4.8 4.7 <1 4.6 <1
BAAQMD Threshold of Significance 54 10 54 10 82 15 54 10 Exceeds BAAQMD Threshold? No No No No
NOx=oxides of nitrogen; PM10=particulate matter 10 micrometers or less in diameter; PM2.5=fine particulate matter 2.5 micrometers or less in diameter; ROG=reactive organic gases; TPY= tons per year. a Totals may not sum due to rounding. b PM emissions from stationary sources were provided for PM10. Due to lack of PM2.5 data, PM10 emissions are used as a conservative estimate of PM2.5 from various emission sources.

Source: Modeled by Ascent 2024. See Appendix A for details.

As shown above, project construction and operations emissions would not exceed BAAQMD’s daily or annual thresholds for any criteria air pollutants or ozone precursors. Furthermore, project construction activities would adhere to all BAAQMD best management practices to minimize dust emissions. Likewise, operations-generated emissions would not be anticipated to result in regional concentrations such that adverse health effects could occur. Therefore, the project would result in a less-than-significant impact on the cumulatively considerable net increase of criteria pollutants for which the project region is non-attainment under an applicable federal or state ambient air quality standard.
c) Expose sensitive receptors to substantial pollutant concentrations? Increased concentrations of carbon monoxide and TACs can result in health-related impacts to sensitive receptors. Substantial carbon monoxide concentrations occur at intersections with high hourly volumes and extended periods of queuing (Bay Area Air Quality Management District 2022). Sources of construction-related TACs potentially affecting sensitive receptors include offroad diesel-powered equipment and associated diesel PM emissions. Operations-related TACs include a variety of pollutants and sources, including diesel PM from diesel trucks, process, and combustion emissions from stationary sources (e.g., flare, pyrolysis). Emissions from carbon monoxide and TACs are discussed separately below.

Carbon Monoxide
The BAAQMD has developed a screening methodology to evaluate projects for the potential to result in local carbon monoxide emissions that could exceed established thresholds of significance. Based on the screening criteria, if the project is consistent with the following criteria, an impact from carbon monoxide would not occur.

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• The project is consistent with an applicable congestion management program established by the county congestion management agency for designated roads or highways, the regional transportation plan, and local congestion management agency plans. • Project-generated traffic would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour.
• Project-generated 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, bridge underpass, natural or urban street canyon, below-grade roadway)
Construction material deliveries (e.g., vendor, concrete) would occur throughout the construction period, with peak deliveries occurring during concrete work, when an estimated 15 concrete deliveries per day would occur. On these days, total peak-hour trips could be up to 45 vehicles (i.e., 30 worker trips and 15 truck trips). Once construction is complete, the project would result in minimal increases in operations employee/truck trips (i.e., 13 trips per day). Considering that the project is not a land use development project that would result in substantial vehicular use and, therefore, not subject to a local congestion management program (although, construction would adhere to City standards and procedures for safety and signage), project-generated construction and operations trips would not exceed established BAAQMD vehicle per hour screening levels, the project would not result in substantial carbon monoxide emissions that would exceed established thresholds of significance.

Toxic Air Contaminants
When evaluating TAC concentrations and associated health risks, the primary factors influencing risk exposure include duration of exposure and proximity of sources to receivers, as health risk increases with increased exposure duration and pollutant concentrations reduce with increasing distance from the source. Consistent with General Plan Policy COS 8-2 and BAAQMD 2022 CEQA Guidelines, potential increases in TAC emissions were evaluated for project construction and operations, discussed separately below.

Construction
Based on the emissions modeling conducted, described above under item “b),” air dispersion modeling and risk calculations were conducted to evaluate project-generated TAC exposure and PM2.5 concentrations. The air dispersion model included the following sources. • Heavy-duty construction equipment diesel PM (PM2.5 exhaust) emissions and dust from vehicle movement (PM2.5 dust) as adjacent line volume sources, covering the project site where construction activities would occur.
• Construction worker and haul/vendor truck on-road emissions of diesel PM and fugitive dust on roadways as volume line sources.
• Onsite diesel PM idling emissions as point sources.

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Using BAAQMD-specific source parameters for the above source types, site-specific meteorological and terrain data, and activity/duration parameters for the proposed construction activities, the EPA’s air dispersion model AERMOD was run to obtain ground-level concentrations using unitized emission rates for all sources. Applying the mass emissions calculated for the project to the modeled concentrations and Office of Environmental Health Hazard Assessment exposure and risk potency rates, the total cancer, chronic health hazard, and total PM2.5 from construction activities were modeled. See Appendix A for a detailed explanation of all model inputs and outputs. Results from this construction health risk assessment (HRA) are presented in Table 6, including the maximally exposed individual residential receptor, and the maximally exposed individual worker receptor. For this output, the maximally exposed individual residential receptor is the cluster residential properties adjacent to the east of the project site. As shown in Table 6, construction emissions would not exceed any BAAQMD health risk thresholds of significance at nearby receptors. Maximum PM2.5 concentrations would occur at the maximally exposed individual worker receptor; all other receptor locations would experience lower PM2.5 concentrations during construction.

Table 6. Construction health risk results.

Health Risk MEIR MEIW
Cancer Risk (Chance in One Million) 7.4 5.9
BAAQMD Cancer Risk Threshold of Significance 10 10
Chronic Health Hazard <1 0.02
BAAQMD Chronic Health Hazard Threshold of Significance 1 1 PM2.5 (μg/m3) NA a 0.12
BAAQMD PM2.5 Threshold of Significance 0.3 0.3
Exceeds BAAQMD Threshold? No No
BAAQMD=Bay Area Air Quality Management District; MEIR=maximally exposed individual resident; MEIW=maximally exposed individual worker.
a The highest PM2.5 concentration was modeled to occur at the MEIW; PM2.5 concentrations at all other receptor locations would be less than at the MEIW.

Source: Modeled by Ascent in 2024. See Appendix A for details.

Operations
Project operation would introduce new TAC sources on the project site, including benzene 1,3- butadiene, formaldehyde, toluene, and others (see Appendix A for a complete list) associated with new stationary equipment. In addition, high strength waste and truck hauls occurring on project access roads would generate diesel PM in the form of exhaust. Off-gassing emissions would occur from the BDPS. During emergencies or temporary equipment failures, TACs would be emitted from gas flaring and a diesel backup generator.

To conduct the HRA, all stationary and onsite sources were modeled in AERMOD, as follows. • Point source for stacks (e.g., diesel generator, flare). • Area sources for BDPS.

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• Line volumes for on-haul and off-haul truck movement.

Using BAAQMD-specific source parameters for the above source types, site-specific meteorological and terrain data, and activity/duration parameters for the proposed operational activities, AERMOD was run to obtain ground-level concentrations using unitized emission rates for all sources. Applying the mass emissions estimated for the project to the modeled concentrations and Office of Environmental Health Hazard Assessment exposure and risk potency rates, total cancer, acute/chronic health hazards, and total PM2.5 concentrations from operational activities were modeled. See Appendix A for a detailed explanation of all model inputs and outputs. Results from the HRA are presented in Table 7, including the maximally exposed individual residential receptor and maximally exposed individual worker receptor. For this output, the maximally exposed individual residential receptor is the cluster of residential properties adjacent to the east of the project site. As shown in Table 7, project operational emissions (offsite mobile and onsite stationary) would not exceed the health-based thresholds adopted by BAAQMD. The highest PM2.5 concentration would occur at the maximally exposed individual residential receptor; all other offsite locations would be exposed to lower PM2.5 concentrations. The project would not expose sensitive receptors to substantial pollutant concentrations (i.e., carbon monoxide, TACs, PM2.5).

Table 7. Operational health risk results.

Health Risk MEIR MEIW
Cancer Risk (Chance in One Million) 0.5 <1
BAAQMD Cancer Risk Threshold of Significance 10 10
Acute Health Hazard <1 <1
BAAQMD Acute Health Hazard Threshold of
Significance
1 1
Chronic Health Hazard 0.09 0.70
BAAQMD Chronic Health Hazard Threshold of
Significance
<1 <1
PM2.5 (μg/m3) 0.20 NA a
BAAQMD PM2.5 (μg/m3) Threshold of Significance 0.3 0.3
Exceeds BAAQMD Threshold? No No
BAAQMD=Bay Area Air Quality Management District; MEIR=maximally exposed individual resident; MEIW=maximally exposed individual worker; μg/m3=micrograms per cubic meter. a The highest PM2.5 concentration was modeled to occur at the MEIR; PM2.5 concentrations at all other receptor locations would be less than at the MEIR.

Source: Modeled by Ascent in 2024. See Appendix A for details.

To evaluate cumulative risk exposure, project-generated maximum risk and PM2.5 concentrations were combined with available published risk and emissions data from nearby sources, using the BAAQMD Stationary Source Map (Bay Area Air Quality Management District 2023a) and the Mobile Source Screening Map (Bay Area Air Quality Management District2023b). A search was conducted using the existing WWTP address (2251 Elkins Way) and a 1,000-foot buffer was drawn around the facility. The tool identified three sources, which are listed in Table 8 (two generators and a concrete facility). Using distance multipliers to adjust reported risk from each

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source, the combined risk and PM2.5 values were summed at both the maximally exposed individual residential receptor and the maximally exposed individual worker receptor. As shown in Table 8, the project would not result in exceedance of the BAAQMD’s cumulative threshold.

Table 8. Cumulative health risk summary.

Source Cancer Risk Chronic Risk PM2.5 (µg/m3)

MEIR MEIW MEIR MEIW MEIR MEIW
Project Construction 7.4 5.9 <1 <1 NA a NA b
Project Operation <1 <1 <1 <1 0.20 0.20
Roadways 1.2 1.2 <1 <1 0.03 0.03
Generator (FID 14752) <1 <1 <1 <1 0.00 0.00
Fossil Fuel Generator (FID 15789) <1 <1 <1 <1 0.04 0.04 Ready-Mix Concrete (FID 18249) <1 <1 <1 <1 0.14 0.29
Cumulative Total 9.3 7.5 <1 <1 0.41 0.56
BAAQMD Threshold of Significance 100 10 0.8
Exceeds BAAQMD Threshold? No No No No No No
BAAQMD=Bay Area Air Quality Management District; MEIR=maximally exposed individual resident; MEIW=maximally exposed individual worker; μg/m3=micrograms per cubic meter. a Construction PM2.5 is not included in the cumulative analysis due to the temporary nature of construction emissions. b The highest modeled PM2.5 (i.e., 0.20 µg/m3 at the MEIR) was conservatively applied to both receptor locations for the cumulative analysis.

Source: Modeled by Ascent in 2024. See Appendix A for details.

In summary, project-generated construction and operational TAC emissions would not result in exceedance of BAAQMD risk-related thresholds of 10 in one million for cancer risk. non-cancer hazard index of 1.0 for chronic or acute health risks, or PM2.5 concentrations greater than 0.3 µg/m3. When combining project-generated health risk with identified existing TAC sources, the BAAQMD’s cumulative risk thresholds of 100 in one million for cancer risk, 10.0 for noncancer health risk, and 0.8 µg/m3 for PM2.5 would not be exceeded. Based on the above discussion, emissions from project construction and operations would have a less-thansignificant impact on sensitive receptors. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
The occurrence and severity of odor impacts depends on numerous factors, including the nature, frequency, and intensity of the source; wind speed and direction; and the sensitivity of the affected receptors. While offensive odors rarely cause any physical harm, they can still be very unpleasant, leading to considerable distress among the public and often generating citizen complaints to local governments and regulatory agencies.

The predominant source of power for construction equipment is diesel engines. Generation of these odor emissions would vary greatly on a day-to-day basis depending on the type of

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construction activities. The odors would be limited to the construction period and would be temporary.

Regarding operations, the project would introduce new sources of odors associated with combustion sources (e.g., occasional flaring, emergency diesel generator), anaerobic digester, and BDPS. The additional potential odor sources would be installed and operated where solid waste is currently processed through the City’s Solid Waste Transfer Station and municipal wastewater is currently treated. In addition, because the project would divert a portion of the organic waste volume already processed at the existing transfer station, the project would not result in an increase in processed waste volume or new types of odorous compounds that do not already exist at the site.

A public records search request was submitted to the BAAQMD that returned no records of previously documented odor complaints for the existing WWTP (Henderson, pers. comm., 2024). Furthermore, odor from the Solid Waste Transfer Station is currently controlled by promptly transferring waste and regularly cleaning the tipping pad and collection vehicles, and by conducting transfers primarily within the transfer building, which would continue to occur. A new activated carbon-based control system at the anaerobic digester would be sized to provide non-detectable odor levels at the project fence line, and an ammonia removal system would be used as a side stream treatment to remove ammonia from the dewatering operation, including a buffer tank, ammonia stripper, ammonia scrubber, recirculation blowers, pumps, and a heat exchanger.

Considering that the project would not introduce new odor sources that do not already exist at the project site (i.e., solid waste transfers, water treatment processes), there are no records of past odor complaints, and the new solid waste diversion processes would be equipped with odor control technology, the project would not result odorous emissions that could affect a substantial number of people. Therefore, the project would have a less-than-significant impact on a substantial number of people due to other emissions, such as odors.

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3.4 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, 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?

3.4.1 Setting
The project site is located in eastern Contra Costa County, an area with diverse land uses including urban cities, undeveloped lands, unincorporated agricultural lands along the Marsh Creek corridor north of the city, and sparsely populated foothill areas of the Diablo Mountain Range west of the city. Land elevations range from approximately 0 to 100 feet above mean sea level.

The City of Brentwood is in the jurisdiction of the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (ECCCHCP). The ECCCHCP allows Contra Costa County, the Contra Costa County Flood Control and Water Conservation District (CCCFCWCD), the East Bay Regional Park District and the cities of Brentwood, Clayton, Oakley, and Pittsburg (collectively, the Permittees) to control endangered species permitting for activities and projects in the region that they perform or approve. The project is subject to permitting under the ECCCHCP and mitigation measures for special-status species or their habitats covered by the ECCCHCP.

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Habitat types within the project area, as defined by the ECCCHCP, consist of “Urban”, which includes the Solid Waste Transfer Station, WWTP site and the area of the pipeline alignment that traverses Sunset Park and Sunset Road, and “Ruderal” (i.e., vegetation associated with human disturbance), which includes the area east of the WWTP site where new facilities would be constructed and operated, and the PG&E staging area along Sunset Road, as shown in Figure 4.

A literature review and database searches were completed to determine the potential for presence of special-status plant and wildlife species or their habitat in the project area. Sensitive natural communities, as defined by CDFW, include areas of high ecological importance due to being considered rare within the region, likely to support sensitive plants or animals, or provide connectivity between other sensitive habitats, and include wetlands and riparian areas within the project area. Existing documents pertinent to biological resources in the vicinity of the project were reviewed and analyzed, as applicable, including the following sources:
• CDFW’s California Natural Diversity Database (CNDDB) (California Department of Fish and Wildlife 2024);
• USFWS Information for Planning and Consultation Species List (U.S. Fish and Wildlife Service 2024);
• California Native Plant Society Electronic Inventory of Rare and Endangered Plants of California (California Native Plant Society 2024); and
• East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (Jones and Stokes 2006).

Special-status plant species are defined as any species that is granted status by a federal, state, or local agency. Federally listed plant species are defined as those species granted status by the U.S.

Fish and Wildlife Service (USFWS) under the federal Endangered Species Act and include threatened, endangered, proposed threatened or endangered, candidate, or listed species proposed for delisting. State-listed plant species are granted status by the California Department of Fish and Wildlife (CDFW) under the California Endangered Species Act, and include rare, threatened, and endangered species. Under CEQA, special-status plants also include rare, threatened, or endangered species identified by the California Native Plant Society (California Native Plant Society 2024; Lists 1B and 2).

A special-status fish or wildlife species is any species granted status by the USFWS, National Oceanic and Atmospheric Administration National Marine Fisheries Service, or CDFW.

Federally listed species are those granted status as threatened, endangered, proposed threatened or endangered, candidate, or listed species proposed for delisting. Also included are USFWSdesignated Birds of Conservation Concern, which include “species, subspecies, and populations of all migratory nongame birds that, without additional conservation actions, are likely to become candidates for listing under ESA [Endangered Species Act] of 1973” (U.S. Fish and Wildlife Service 2008). State-listed fish and wildlife species include those granted status as threatened, endangered, California Fully Protected species, and California Species of Special Concern.

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Figure 4. Habitat types in the project area.

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Biological resource surveys of the Solid Waste Transfer Station, WWTP site, lands adjacent to and east of the WWTP, and the pipeline alignment were conducted on February 13, 2024, March 27, 2024, and May 15, 2024, for presence of habitat and special-status species in the areas to be affected by construction activities. Vegetation communities were assessed in the field based on observed plant species composition using approved CDFW methods. Vegetation communities were classified based on A Manual of California Vegetation (Sawyer et al. 2011) and crossreferenced with wildlife habitat types as classified in California Statewide Wildlife Habitat Relationships System (Mayer and Laudenslayer 1988). No special-status plant or wildlife species or their signs, covered or not covered by the ECCCHCP, were found during the surveys.

Figure 5 shows a map of the locations of known special-status plant populations and wildlife occurrences in the project area based on the CNDDB database records.

Tree species in the project area include Valley oak, California live oak, California peppertree, olive, black poplar, Fremont cottonwood, carob, Chinese pistachio, plum, black walnut, cherry, fan palm, and birch.

The results of the reconnaissance surveys and literature review also are summarized in Appendix B, as follows.
• Table B-1 (Vegetation Communities and Wildlife Habitats) • Table B-2 (Special-Status Plants and Wildlife Species) An aquatic resources delineation field survey was conducted on June 8, 2023, based on the finding of water and wetland-obligate plants during a May 30, 2023, initial scoping survey. The survey determined the source of water was a leaking water supply pipe from an adjacent agricultural property. The survey concluded that no wetlands are present on the project site.

3.4.2 Discussion
The assessment of potential effects of the project is conducted for those species identified in Appendix B as having the potential to occur in the project area and be affected by one or more aspects of the project construction activities or operations. 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 the U.S. Fish and Wildlife Service?
Construction-Related Effects to Special-Status Plants
Construction of new facilities east of the WWTP would result in the permanent loss of approximately nine acres of ruderal grassland habitat. In addition, construction-related activities, including ground disturbance (e.g., grading and excavation), material staging and vehicular traffic, and general construction activities, could potentially damage or destroy special-status plants, if present.

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Figure 5. Special-status plant and wildlife records in the project area.

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Although unlikely based on the field survey results and due to the urban and ruderal grassland environments, the project site may represent potential habitat for special-status plant species including, but not limited to, large flowered fiddleneck (Amsinckia grandiflora), big tarplant (Blepharizonia plumosa), and diamond-petaled poppy (Eschscholzia rhombipetala). There are several records for special-status plant occurrences in eastern Contra Costa County. Appendix B, Table B-2 shows the potentially occurring special-status plant species in the project area. No special-status plants, covered or not covered by the ECCCHCP, were found during the field surveys, which were conducted during the blooming periods (i.e., during early and late spring) for all species that have the potential to occur at the project site.

Direct effects resulting from the project including the permanent loss of approximately nine acres of ruderal grasslands and the loss or disturbance of special-status plants or their habitats would be considered a potentially significant impact. Implementation of Mitigation Measures BIO-1 and BIO-2 would reduce the construction-related impacts to special-status plants to lessthan-significant with mitigation incorporated.

MITIGATION MEASURE BIO-1: GENERAL CONSTRUCTION MEASURES All contractors and equipment operators will be made aware of the ecological values of the site and will be given instructions to comply with all mitigation measures. Construction activities will be limited to a designated work area (including the work corridor and staging areas). The work area will be clearly identified and will be staked and flagged where necessary prior to initiation of construction activities. This will include flagging of riparian and wetland habitats in the vicinity of work areas to ensure their avoidance and protection.

MITIGATION MEASURE BIO-2: PARTICIPATION IN THE ECCCHCP
The City will participate in the ECCCHCP for the project to mitigate potential impacts to special-status species or their habitats covered under the ECCCHCP. This coverage will allow the City to minimize and compensate for potential effects resulting from construction- and operation-related activities associated with the project through implementation of all applicable conservation measures and compensation mechanisms of the ECCCHCP. To compensate for unavoidable project-related effects the City will pay either the applicable fee or dedication of land in lieu of the fee as described in Chapter 9, Funding, and in Brentwood Ordinance number 850.

Operations and Maintenance-Related Effects to Special-Status Plants Once constructed, operations and maintenance of the project would require additional WWTP and Solid Waste Transfer Facility staff and alter the truck and vehicle traffic, as shown in Table 2. However, because all operation and maintenance activities associated with the project would occur in Urban areas where no habitat for special-status plant species occurs, operations and maintenance of the project would have no impact on special-status plants.

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Construction-Related Effects to Special-Status Amphibians or Reptiles Ruderal grassland habitat within the project site represents potential terrestrial habitat for specialstatus amphibian and reptile species such as California tiger salamander, silvery legless lizard, California horned lizard, giant garter snake, and San Joaquin whipsnake. Construction-related activities including ground disturbance, material staging and vehicular traffic, and general facility construction activities in these habitats could potentially disturb or harm these individuals or their nests, if present. Construction-related disturbances would be considered a potentially significant impact, if these species occur within the project site. Implementation of Mitigation Measures BIO-1 and BIO-2 (described above) and Mitigation Measure BIO-3 would reduce the impact to less-than-significant with mitigation incorporated.

MITIGATION MEASURE BIO-3: SPECIAL-STATUS AMPHIBIANS AND REPTILES The City will implement pre-construction surveys, as necessary per the ECCCHCP, for California tiger salamander, silvery legless lizard, western pond turtle, California horned lizard, giant garter snake, and San Joaquin whipsnake in the annual, ruderal grassland habitat associated with the project.

Surveys will be implemented in accordance with methods described in Section 6.4.3 of the ECCCHCP.

If any ECCCHCP-covered species are found (California tiger salamander, silvery legless lizard, western pond turtle, or giant garter snake), all applicable avoidance and minimization measures, construction monitoring, conservation measures, and/or mitigation fees of the ECCCHCP will be implemented.

If any special-status species not covered by the ECCCHCP (California horned lizard and San Joaquin whipsnake) are discovered, measures to reduce impacts to less-than-significant levels would be developed in consultation with CDFW. Protection measures developed in consultation with CDFW could include developing appropriate construction buffers, use of exclusion fencing, and biological monitoring of all initial clearing and grubbing activities.

Operations and Maintenance-Related Effects to Special-Status Amphibians or Reptiles As noted above, operations and maintenance of the project would require additional WWTP and Solid Waste Transfer Facility staff and alter the truck and vehicle traffic within the project site.

Additional truck and vehicle traffic could increase the potential for impacts to special-status amphibians and reptiles, if they were to occur on the roadways of the project site. However, because habitat for amphibians and reptiles within the project site is considered marginal, at best, resulting in a very low chance that special-status species would occur and because truck and vehicle traffic would only be minimally increased (Table 2), operations and maintenance of the project would have a less-than-significant impact on special-status amphibians and reptiles.

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Construction-Related Effects to Nesting or Foraging Special-Status Birds The project site and surrounding area represents potential nesting, burrowing, and foraging habitat for burrowing owl, as well as foraging habitat for Swainson’s hawk and golden eagle.

These species are covered under the ECCCHCP. Additional special-status bird species not covered by the ECCCHCP are known to or could potentially forage or nest in the vicinity of the project site.

Construction of the project would include removal of up to 25 trees, including Valley oak, California live oak, California peppertree, olive, black poplar, Fremont cottonwood, carob, Chinese pistachio, plum, black walnut, cherry, fan palm, and birch.

Ten of the trees are in the area adjacent to and east of the WWTP where the anaerobic digester, biosolids dryers, and pyrolysis systems would be constructed. These ten trees include five valley oak trees (Quercus lobata) that have a DBH ranging 3–16 inches, two California live oak trees (Quercus agrifolia) that range from 6–16 inches DBH, and three California peppertrees (Schinus molle) that range from 18–24 inches DBH. Based on their proximity to each other and location, these trees appear to have been planted as landscape trees adjacent to the WWTP. The trees are not considered suitable nesting habitat for raptors and no active or old nests were observed in any of the trees when they were surveyed in May 2024.

The other fifteen trees are located along the eastern extent of the project area where construction of the realigned pedestrian path would occur. Of the fifteen trees that could be removed, four are native species, including one black walnut and three in the Populus genus, and twelve are nonnative species including an assortment of common orchard, agricultural and landscaping varieties. Ten trees have a DBH less than 6 inches, with six of those trees having a DBH less than 2 inches. The remaining five trees range in DBH from 7–16 inches. All fifteen trees are located near a property fence line separating the project area from a greenhouse/warehouse operation and fields used intensively for agriculture. The trees are present in a linear, broken, and patchy nature, lacking suitable connectivity, density and habitat for nesting birds, including raptors and songbirds. The fifteen trees are not considered suitable nesting habitat, and no active or old nests were observed in any of the trees when they were surveyed in May 2024.

Tree removal and the potential construction-related disturbances to nesting and foraging specialstatus birds are considered a potentially significant impact. Implementation of Mitigation Measures BIO-1 and BIO-2 (described above) and Mitigation Measures BIO-4 and BIO-5 would reduce the impact to less-than-significant with mitigation incorporated.

MITIGATION MEASURE BIO-4: BURROWING OWLS
The City will implement pre-construction surveys for burrowing owls or burrows at proposed construction sites with potential habitat in accordance with methods described in Section 6.4.3 of the ECCCHCP.

If the burrowing owls nests or burrows are discovered in the work areas, all applicable avoidance and minimization measures, construction monitoring, conservation measures, and/or mitigation fees for this species in the ECCCHCP will be implemented.

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MITIGATION MEASURE BIO-5: OTHER SPECIAL-STATUS BIRDS
If construction activities are scheduled to occur between February 15 and September 15, preconstruction surveys will be conducted at proposed construction sites within 30 days prior to any such activities to determine whether any nests of special-status birds are present. A qualified biologist will search within 1,000 feet of sites for raptor nests, and within 250 feet of sites for passerine nests. Biologists will conduct a visual and aural search of the survey area on foot, using binoculars to scan tree tops for the presence of nests.

If any nests are identified, measures to reduce impacts to less-than-significant levels, such as species-specific buffers and nest monitoring, would be developed in consultation with appropriate resource agencies (CDFW and/or USFWS).

Operations and Maintenance-Related Effects to Special-Status Birds Operations and maintenance of the project, including increases in truck trips and traffic, would not be expected to have any impact on special-status bird nesting or foraging due to the limited amount of nesting trees and foraging habitat located within proximity to the project site, therefore, operations and maintenance of the project would have no impact.

Construction-Related Effects to Special-Status Mammals
American badger, ringtail, pallid bat, and Townsend’s big-eared bat, have the potential to occur in the project site. While it is unlikely that American badger and ringtail would occur in the WWTP portion of the project site due to the lack of habitat, developed nature of the site, and daily disturbances (e.g., employee activities, vehicle traffic, and noise), areas of annual grassland habitat may be potential habitat. The potential for construction-related disturbances to these species, if they occur in the project site during construction, is considered a potentially significant impact. Implementation of Mitigation Measures BIO-1 and BIO-2 (described above) and Mitigation Measures BIO-6 and BIO-7 would reduce the impact to less-than-significant with mitigation incorporated.

MITIGATION MEASURE BIO-6: AMERICAN BADGER
The City will implement pre-construction surveys for American badgers or burrows at proposed construction areas with potential habitat in conjunction with burrowing owl surveys.

If any American badgers or burrows are found, measures to reduce impacts to less-thansignificant levels would be developed in consultation with CDFW, and/or mitigation fees for this species in the ECCCHCP will be implemented. Protection measures developed in consultation with CDFW could include developing appropriate construction buffers, use of exclusion fencing, biological monitoring of all initial clearing and grubbing activities, and species trapping and relocation.

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MITIGATION MEASURE BIO-7: RINGTAIL
The City will implement pre-construction surveys for ringtail and their burrows at proposed construction areas with potential habitat.

If any ringtail or ringtail burrows are found, measures to reduce impacts to less-thansignificant levels would be developed in consultation with CDFW, and/or mitigation fees for this species in the ECCCHCP will be implemented. Protection measures developed in consultation with CDFW would likely be similar to those developed for American badger and could include developing appropriate construction buffers, use of exclusion fencing, biological monitoring of all initial clearing and grubbing activities, and species trapping and relocation.

The project area represents potential foraging habitat for special-status bats, including Townsend’s western big-eared bat and Pallid bat, both of which utilize a variety of open habitats and habitat edges for foraging. In addition, buildings located in the vicinity of the project area could provide suitable roosting habitat for these species. Construction of the project would permanently impact ruderal habitat on lands adjacent to the WWTP, however, significant open habitat and habitat edge areas occur near the project site, including parks, open fields, agricultural lands, open lands within the WWTP site, and the Marsh Creek corridor. Thus, relative to existing foraging habitat, the loss of a few acres of ruderal grasslands would not be expected to affect the foraging success of bats that may roost in the project vicinity. In addition, because construction work would be restricted to occurring between 7:00 a.m. and 4:30 p.m. (see Section 2.6.2), construction activities would be timed to avoid disturbance to foraging bats, which tend to forage after dusk. Finally, while bats could potentially roost in buildings within the WWTP, the project does not include the demolition or alteration of any existing building or structures where bats may roost. Therefore, construction-related effects of the project are considered a less-than-significant impact to special-status bats.

Operations and Maintenance-Related Effects to Mammals
Operations and maintenance of the project, including minor increases in truck trips and traffic, would not be expected to have any impact on special-status mammals, therefore, operations and maintenance of the project would have no impact on mammals. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? There is no riparian habitat or other sensitive natural communities in the project area. Therefore, implementation of the project would result in no impact to riparian habitat or other sensitive natural communities.

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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?
There are no federally protected wetlands located within the project site. Therefore, implementation of the project would result in no impact to federally protected wetlands. 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?
There are no known migratory wildlife corridors or native wildlife nursery sites in the project area. However, construction activities could temporarily affect the movement of native resident or migratory wildlife that may be present in the project area. Construction effects on potential wildlife movement and migration would be minimized by construction work occurring between 7:00 a.m. and 4:30 p.m. (see Section 2.6.2), providing periods during the day unaffected by construction noise and other activity, and implementation of Mitigation Measure BIO-1, which would restrict all construction activities to the defined work area. Operations and maintenance of the project would occur in an urban environment and be similar to existing conditions, with the work day typically beginning at 4:00 a.m. and ending at 3:00 p.m. Due to the temporary and limited nature of potential disturbance to wildlife movement from construction activities and operations and maintenance activities being similar to existing conditions, this impact is considered less-than-significant.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
The City of Brentwood does not have a Tree Preservation ordinance that restricts the removal of trees within City limits. Contra Costa County has a Tree Preservation Ordinance that provides for the preservation of certain protected trees in unincorporated areas of the county. However, Ordinance 816-6.1002 Section 6 states that public agencies/utilities can trim and clear trees if necessary if the disturbance is related to the public services provided by the agency/utility.

Because the City does not have a tree ordinance and the Contra Costa County tree ordinance allows for exceptions for public agencies/utilities, tree removal associated with the project would not conflict with the Contra Costa Tree Preservation Ordinance and there would be no impact. 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?
The City would participate in the ECCCHCP for the project. This coverage would allow the City to minimize and compensate for potential effects resulting from construction- and operationrelated activities associated with the project. Therefore, the project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan and there would be no impact.

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3.5 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 an archaeological resource pursuant to Section 15064.5?
c) Disturb any human remains, including those interred outside of dedicated cemeteries?

3.5.1 Setting
The information in this setting is from investigations conducted by Natural Investigations Company, Inc., documented in a report titled Cultural Resources Assessment for the City of Brentwood Solid Waste Organics Diversion Project, Contra Costa County, California. The investigations included a search of the California Historical Resources Information System (CHRIS) conducted by the Northwest Information Center on June 7, 2024; a search of the Sacred Lands File conducted by the NAHC; outreach via letters and telephone to Native American tribes and individuals identified on a contact list provided by the NAHC; a buried archaeological site sensitivity analysis; and a pedestrian surface survey of the entire project area limits.

A CHRIS records search was conducted to determine whether prehistoric or historic cultural resources have been previously recorded in the boundaries of the project area limits and surrounding area, the extent to which the project site and surrounding area have been previously surveyed, and the number and type of cultural resources within a 0.5-mile radius of the project.

The archival search of the archaeological and historical records, national and state databases, and historic maps included the following sources.
• National Register of Historic Places: listed properties • California Register of Historical Resources: listed resources • Historic Property Data File for Solano County
• Archaeological Determinations of Eligibility
• Built Environment Resources Directory
• California Inventory of Historical Resources
• California Historical Landmarks
• California Points of Historical Interest
• Historical Bureau of Reclamation General Land Office land plat maps

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The CHRIS records search did not identify any previously recorded cultural resources in the project area limits, but did identify four previously recorded sites within a 0.5-mile radius.

The Sacred Lands File search with the NAHC found no sensitive Native American cultural resources in the project area. The NAHC provided contact information for tribal members and organizations affiliated with the region and recommended that they be contacted for more information on the potential for Native American cultural resources within or near the project area limits. Natural Investigations conducted Native American outreach via letter and telephone to all individuals and groups included on the NAHC contact list for the project. Natural Investigations did not receive any responses to the outreach.

The buried sensitivity analysis determined that geologic land forms and soils in the project area limits date to the Late Pleistocene/Holocene (126,000–12,000 years ago to the present). These formations and soils typically exhibit a moderate to high sensitivity for the presence of buried deposits of cultural resources. However, the soils are not conducive to the preservation of buried cultural resources because of the characteristics of their parent material (e.g., erosional surfaces).

Furthermore, the project encompasses previously disturbed areas associated with construction of the Solid Waste Transfer Station, WWTP, roadways, a paved trail, and other subsurface infrastructure. Therefore, project construction activities would likely not encounter significant buried deposits of cultural resources.

Natural Investigations’ professionally qualified archaeological staff conducted a pedestrian surface survey of the entire project area limits on May 13, 2024, using transects spaced no greater than 15 meters apart. During the pedestrian survey, all visible ground surfaces across the project area limits were carefully examined for cultural material (e.g., flaked stone tools, toolmaking debris, stone milling tools, and/or fire-affected rock), soil discoloration that might indicate the presence of a cultural midden, soil depressions and features indicative of the former presence of structures or buildings (e.g., postholes and foundations), or historic-era debris (e.g., metal, glass, ceramics). Surface visibility across the project area limits was generally poor (1%– 25%) due to landscaping, paved areas, existing structures, and dense grasses. The pedestrian surface survey did not identify any prehistoric or historic sites or artifacts or any evidence to suggest the presence of buried deposits of cultural resources. On the contrary, the survey identified that the project area is previously disturbed by construction of the City’s Solid Waste Transfer Station, WWTP, roadways, a paved trail, and other subsurface infrastructure.

3.5.2 Discussion
a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
A “historical resource” is any resource that is listed in or determined to be eligible for listing in the California Register of Historical Resources, as defined in PRC Section 5024.1 and CCR Section 4852. The California Register of Historical Resources includes resources listed in or formally determined to be eligible for listing in the National Register of Historic Places, as well as some California State Landmarks and Points of Historical Interest. Based on the negative results of the CHRIS search and Native American outreach efforts, as well as the negative findings of the field survey, there is no indication that the project would impact any historical

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resources as defined under CEQA Section 15064.5. Therefore, the project would have no impact on historical resources.
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
A “unique archaeological resource” is defined in PRC Section 21083.2(g) as archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it: (1) contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information; (2) has a special and particular quality such as being the oldest of its type or the best available example of its type; or (3) is directly associated with a scientifically recognized important prehistoric or historic event or person.

Project construction activities would involve ground disturbing activities, including grading and excavations for underground utility installations (e.g., pipes) and facility foundations. As described above, no archaeological resources pursuant to CEQA Section 15064.5 were identified within the project area limits through the database record searches or the field survey and construction activities are unlikely to encounter buried cultural resources. Nevertheless, construction activities have the potential to encounter buried archaeological resources (e.g., deposits of stone, bone and shell artifacts, dark gray “midden” sediments, historic trash deposits, and stone or adobe foundations) as the lack of surface indications does not always ensure that there are no buried sites, features, or objects of significance. Therefore, the project could have a potentially significant impact on archaeological resources. With implementation of Mitigation Measure CULT-1, this impact would be less than significant with mitigation.

MITIGATION MEASURE CULT-1: ACCIDENTAL DISCOVERY OF CULTURAL RESOURCES In the event that cultural resources are inadvertently discovered during project construction activities, work will be halted within 100 feet of the find and a qualified archaeologist (i.e., an archaeologist that meets the qualifications at 36 CFR Part 61) will be retained to assess its potential significance. Construction activities may continue in other areas, but may not resume in the area of the find until its significance is assessed and it is appropriately treated.

If the find is not significant, then no additional cultural resources investigations are necessary and project work may resume in the area of the find. If the find is determined significant, additional cultural resources investigations, such as data recovery excavation, may be warranted and would be determined in consultation with the City of Brentwood, Native American Tribe traditionally and culturally affiliated with the geographic area of the project site, and any other relevant regulatory agencies or interested parties, as appropriate. c) Substantially disturb human remains, including those interred outside of formal cemeteries?
Based on the documentary research described above, no evidence suggests that any prehistoricor historic-era marked or unmarked human interments are present within or in the immediate vicinity of the project site. However, there is the potential for unmarked, previously unknown

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Native American or other graves to be present and be uncovered during construction activities.

California law recognizes the need to protect historic-era and Native American human burials, skeletal remains, and grave-associated items from vandalism and inadvertent destruction and any substantial change to or destruction of these resources would be a potentially significant impact.

Implementation of the Mitigation Measure CULT-2 would reduce this impact to less than significant with mitigation.

MITIGATION MEASURE CULT-2: ACCIDENTAL DISCOVERY OF HUMAN REMAINS If human remains are inadvertently uncovered during project activities, then the stipulations of State of California Health and Safety Code Section 7050.5 will be followed to treat the discovery. This code section states that the County Coroner must be notified immediately of the discovery of human remains and no further disturbance may occur in the area of the discovery until the County Coroner has made a determination regarding the origin and disposition of the remains pursuant to PRC Section 5097.98. If the human remains are determined to be of Native American origin, the County Coroner will notify the NAHC, who will determine and notify a Most Likely Descendent. Treatment of the remains will be determined in consultation with the Most Likely Descendent, the City of Brentwood, and appropriate regulatory agencies.

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3.6 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?

3.6.1 Setting
Electricity and natural gas are supplied to the City from PG&E. The proportion of PG&Edelivered electricity generated from eligible renewable energy sources is anticipated to increase over the next three decades to comply with the state’s renewable portfolio goals under SB 100 and AB 1020.

In 2022, PG&E provided its customers with 38 percent eligible renewable energy (i.e., biomass combustion, geothermal, small-scale hydroelectric, solar, and wind); 49 percent from nuclear power; 8 percent from large-scale hydroelectric, and 5 natural gas (Pacific Gas & Electric 2023).

The contribution of in- and out-of-state power plants depends on the precipitation that occurred in the previous year, the corresponding amount of hydroelectric power that is available, and other factors.

3.6.2 Discussion
a,b) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Project construction would involve the consumption of energy resources related to the use of gasoline and diesel fuel for construction work vehicle trips, hauling truck trips, materials delivery truck trips, and operation of off-road construction equipment. Diesel equipment would not be operated on each day of construction, so there would be days during the construction period when no diesel use would occur. Diesel-powered construction equipment is regulated by CARB’s “In-Use Off-Road Diesel Vehicle Regulation.” This regulation is intended to reduce emissions from in-use off-road, heavy-duty diesel vehicles by limiting idling, requiring all vehicles to be reported to CARB, restricting the addition of older vehicles into construction fleets, and retiring, replacing, or repowering older engines. This regulation would result in the use of fuel-efficient vehicles during the construction of the project. Table 9 summarizes energy consumption and generation from project construction.

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Brentwood City CouncilOctober 22, 2024

Brentwood City Council
October 22, 2024